Providing Dependable Legal Counsel and Experienced Representation for Partnership Disputes
Although a partnership business may be established with good intentions, it is not necessarily the right fit for everyone. It isn’t surprising then that disputes may arise over the course of time, leading to the partners deciding to part their ways through partnership dissolution. Sometimes, partnerships end amicably but other times when the company partners/shareholders are at odds over a dispute that is difficult to resolve, then 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 Orlando, Florida. Whether you need to enforce a partnership agreement to protect your business from unfair competition from the former partner or challenge an over-reaching and 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 cure for a shareholder dispute or membership dispute is to have a written Shareholder Agreement.
And having this agreement between owners of a corporation (or membership agreement between owners of a LLC) in place prior to a partnership dispute can help prevent future problems.
But often owners overlook 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 could be the only option.
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
- Other 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 offer you quality advice and counsel based on years of experience with a focus to 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.
However, when partners are adamant on seeking partnership dissolution, then litigation is the best solution. This means going through a lawsuit and proceeding via the court system. Our lawyers have the courtroom experience to defend you in any situation.
Over the years, we have successfully represented clients around Orlando and across a wide 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 so that we can provide you with a highly personalized level of communication and suggest you the best legal course of action 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 negatively affected. Negative effects include prolonged litigation, theft by corporate officers, or failure of each owner to perform his or her obligations.