Thursday, 1 January 2015

If my partner signed corporation papers as president and treasurer, yet abandoned the business after three months, without writing any offic...

Question

If my partner signed corporation papers as president and treasurer, yet abandoned the business after three months, without writing any official statement, and not full filling his duties. Is that a breach of fiduciary duties? In addition he tried to go behind my back and cut a new deal with the landlord, and I have a letter from them stating so, being he would take over location if they kicked me out. Is that breach of loyalty? We have been in court for three years, he has changed 5 attorneys while I have represented myself the entire time. I am worried that his new attorney, who has been playing very dirty in comparison to previous 4, is going to find away to get his client out of this situation.



Answer

There is no way anyone can provide specific advice on your situation in a public forum. Among other things, it would be public information available to your former partner and his attorney.

If you want advice on your situation, I am afraid you are going to have to speak with an attorney directly.



Answer

The fact that your opponent has changed attorneys so many times tells you something about this person. It is not surprising that the latest attorney plays "dirty" in comparison to the previous ones; it could indicate your opponent was looking for someone who would take a stronger stance. Multiple changes of attorney might also indicate that your opponent's case is tenuous and the attorneys didn't feel they could continue to represent him. Or it could mean that he wasn't paying them.

As the previous answerer said, you really need to discuss your situation in private with an attorney. Something to consider: even if you continue to represent yourself, there are attorneys who can evaluate your case and advise you. The cost of a few hours of attorney time advising you will still be considerably less than the cost of having an attorney represent you in court, and the result is likely to be better for you (assuming you get an attorney competent in the type of corporate suit you are involved in). When you interview an attorney, it's a good idea to ask them if they have handled other cases like yours, how many, and what were the results.



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