Providing Dependable Legal Counsel and Experienced Representation for Partnership Disputes
Although entering into a partnership may be established with good intentions, it is not necessarily the right fit for everyone. Over the course of time, differences may arise in how decisions are made in the company, leading the partners to seek partnership dissolution. Sometimes, partnerships end amicably but other times when the dispute too is difficult to resolve, seeking legal representation is necessary for defending their interests. This is where we can help.
At the Law Office of Michael L. Dear, we provide dependable counsel that is backed by our commitment to client service for individuals, business owners, entrepreneurs, and corporations across Central Florida. Whether you need to enforce a partnership agreement to protect your business from unfair competition, or challenge an over-reaching non-compete document that your former company is imposing on you, we can provide you with high quality and reliable representation to safeguard your legal and financial interests.
Our experienced partnership dissolution lawyers can protect your rights in partnership dispute matters caused by:
- Breach of contract
- Breach of fiduciary duty
- Allegations of a director
- Mergers and acquisitions
- Force outs and freezeouts of partners
- Dissolution of businesses
- Restrictive covenants
- Non-compete agreements and clauses
Membership Agreements and Shareholder Agreements
The best resolution for a shareholder dispute or membership dispute is to have a written Shareholder Agreement.
Having this agreement in place between owners of a corporation (or membership agreement between owners of an LLC) prior to a partnership dispute can help prevent future problems. But often owners do give the proper due diligence to these agreements. Sometimes this is because there is a great deal of trust between the owners of a closely held corporation, or family business at the inception of the business relationship. It is usually not until the partners begin to disagree that the parties wish they had the foresight to put dispute resolution techniques or buy out provisions in writing. At this point it is often too late, and litigation may be necessary.
Partnership Disputes and Shareholder Disputes
In the absence of a written contract, navigating a shareholder dispute or membership dispute can be difficult.
The Court will look to the following to determine who is entitled to make corporate or LLC decisions:
- The action of the parties and historic decision-making authority
- Profit share
- Tax obligation
- Any other relevant operations history
Also, which individuals are entitled to what share of corporate or LLC profits is also determined by this historic information.
How We Resolve Shareholder Disputes and Partnership Termination Issues
At the Law Office of Michael L. Dear, our lawyers will provide you with legal advice and guidance based on years of experience to help achieve an efficient and workable resolution. When it comes to resolving partnership disputes, there are several options to choose from, such as arbitration and mediation.
When partners are adamant on seeking partnership dissolution, litigation may be the next appropriate course of action. This means going through a lawsuit and proceeding via the court system, where our lawyers have the experience to defend your interests.
Over the years, we have successfully represented clients in Orlando from a diverse spectrum of industries and commercial endeavors. Committed to offering exemplary service, our partnership dispute lawyers take the time to develop an in-depth understanding of the needs of our clients to provide you with a highly personalized level of communication. We will utilize the best legal strategy towards resolving your dispute.
Contact us today to arrange a no-cost initial consultation with our experienced business litigation attorneys.
If you find yourself in a shareholder dispute or membership dispute, it is important to seek counsel early. The life of the business and its assets could be severely affected. Negative effects include prolonged litigation, theft by corporate officers, or failure of each owner to perform his or her obligations.