Breach Of Partnership And Its Legal Consequences

Sometimes a dispute between two business partners can happen especially when one of them has violated a certain agreement. In this situation, a business should be dissolved to expel a partner, unless that the terms and conditions in expulsion is included in the partnership agreement.

According to lawyers, the condition of expulsion should be addressed in all partnership agreements, allowing business co-owners to expel someone who has done something wrong against the company.

Because expulsion involves many legal issues and ramifications, here are some of the circumstances which must be considered:

“Bad Faith Expulsions

When a partner can prove to the court that his co-partners have taken advantage and violated the partnership agreement and that the expulsion is done in “bad faith”, his discharge is considered illegal.

“Illegal Expulsion

When the expulsion involves discrimination based on gender, sexual orientation, age, disability, religion, race, and national origin, the courts will consider this as unlawful.

“At Will Partnership

In this legal arrangement, the expelled partner and those who remain are not liable for a breach of contract.

“After Expelling a Partner

If there is an expulsion clause in the partnership agreement and the grounds for discharging a person is justified, a business can continue its operation even if one or more partners are removed.

“Paying the Share of the Departing Partner

Anyone who will leave the business through expulsion (if the operation will continue), should receive payment for his share. Usually, the amount will depend on the agreement which is made in advance.

“Dissolution

If a business is dissolved as a way to expel a partner, all its assets should be liquidated and distributed to pay the shares of other partners or pay the company”s debts and liabilities.
However, if the dissolution has not yet been completed, the “departing” partner still has the authority and the right to make decisions that will affect the business.

“Unlawful Dissolution

If there is a contract stating that the duties in the partnership agreement should be performed in a specific duration, but a partner dissolves the deal even before the period ends, his co-partners can file a lawsuit against him for breaching the contract.

“Partner Backing-out from the agreement

Under the Revised Uniform Partnership Act, a partner who wrongfully backs out from his partnership deal may be sued by his co-partners for breaching the contract. According to lawyers, most states follow this law.

Should You Pursue A Legal Malpractice Lawsuit

Mistakes made by an attorney can have significant, costly consequences for his or her client. As such, California law provides for individuals and organizations to recover loses in incidents where their legal counsel failed to perform according to the standards of the profession. This is known as legal malpractice, a very specialized area of the law that is typically handled by a personal injury lawyer specializing in prosecuting these types of cases. Though this area of the law falls under personal injury, such an attorney is commonly referred to simply as a legal malpractice attorney.

Just failing to win a case is not sufficient grounds on which to file a suit against an attorney and win damages. At least four criteria must be met that prove that an attorney breached his duty to the client:

Proof of negligence Attorney negligence occurs when the lawyer fails to use the care and skill that would be reasonably expected by other lawyers in similar circumstances. For example, when lawyer negligence fails to procure expert testimony in a case with technical detail (such as in a medical malpractice lawsuit).

Damages tied to the negligence The mistake of negligence of the attorney must result in damage to the client. A case against an attorney essentially is a case within a case. A legal malpractice attorney must prove there would have been a different outcome had the attorneys negligence not occurred. This typically requires the use of another lawyer as an expert witness.

Existing written agreement Very specific rules under California law require that written agreements exist between lawyers and client for cases where client fees will exceed $1,000. Sometimes, those agreements will restrict legal malpractice claims, such as requiring such disputes to be resolved through arbitration. Some agreements also require the losing party in a malpractice claim to pay the attorney fees of the prevailing party.

Viability for collecting on an award Attorneys in California are not required to carry liability insurance. Because an award for legal malpractice might exceed existing resources of that lawyer or law firm, it may not be possible to collect the damages you suffered if the attorney has no insurance.

When looking for a legal malpractice attorney

If you have damages due to legal malpractice in Southern California, consider hiring a reputable legal malpractice lawyer with experience in this area. It is a specialized area of injury law where clients benefit from personal injury attorneys who understand the specific challenges of such cases.

R. Klettke is a freelance writer. He writes about personal injury and medical malpractice law and other matters of jurisprudence.

Important Advisory: This article is not intended to provide legal advice upon which you or anyone else should rely in making any decisions regarding the instituting or prosecuting of a legal claim. Laws and rules relating to the bringing of a claim vary widely from state to state. You should always contact a personal injury attorney to obtain information as to the rules and the laws pertaining to any claim you might have.

The Importance Of Legal Research

You can arrange to have legal research and writing done by a variety of services. One might think that nowadays in the democracy that we live in all the laws would be easily accessible to any ordinary citizen, but unfortunately that’s not true. Of course, you might be able to do some kind of limited legal research on your own but that’s all. For instance, if you know the number of a specific law you’d like to read, then you might stand a chance. However, if you are searching to find how a genuine law applies to your area of concern, then you’d have to read hundreds of pages until you find it and that simply won’t do.

Outside legal research is very useful especially when you want to research a whole area of law. In case you know how the law is organized, you might try, otherwise don’t waste your time as you won’t succeed. There is only one reason why our laws are so arduous, concealed and complex and it is because it gives power to legal professionals such as lawyers and legislators. This is how they get work which we could have otherwise done by ourselves. Consequently, if you need to understand a specific area of law concerning your business or rights, then you’d better consult a professional who will do your advanced search, or else you might waste many hours in vain trying to do it by yourself.

Generally you can try to cope without legal researchers. Often there are times when you can learn how to do legal research on a certain topic and you might be quite successful at it. For instance, I once fought for saving some of the last wetlands in the San Francisco bay. As our campaign lacked money for legal researchers we did it by ourselves. However, in our case there has already been much pioneering environmental work done, so it was not that difficult to do advanced legal search; we even managed to find the existing endangered species laws we needed. Legal research can easily frighten you and make you quit when you try it for the first time, that was the situation with us. However, we were determined to succeed and didn’t give up. After all, if you put some considerable efforts into fighting with the legal system, then even you, an ordinary citizen can take part in the democratic process.

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