Civil Litigation,
Law Practice,
Ethics/Professional Responsibility
Oct. 25, 2019
Walking the tightrope of representing two-person entities
When representing a two person partnership or corporation, how does a lawyer avoid developing direct fiduciary duties to each equity owner in his or her individual capacity? Significant guidance comes from a recent Court of Appeal decision.
Timothy D. Reuben
Founder and President of Reuben Raucher & Blum and the Founder of Reuben Mediation
Email: treuben@rrbattorneys.com
Timothy D. Reuben is a mediator, litigator and author who focuses on resolving complex civil disputes in state and federal courts, as well as in arbitration and mediation. He is also the author of "Tequila, a Story of Success, Love & Violence," a legal novel inspired by real world legal practice that explores power, loyalty and the human dynamics that drive conflict.
When representing a two person partnership or corporation, how does a lawyer avoid developing direct fiduciary duties to each equity owner in his or her individual capacity? Significant guidance comes from Division 7 of the 2nd District Court of Appeal in Sprengel v. Zbylut, 2019 DJDAR 9643, where Justice Lau...
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Sprengel v. Zbylut
In determining whether an attorney entered into an 'implied' attorney-client relationship to represent the interests of the individual partners of an entity a court must assess the totali...
