what kind of lawyer to sue a bussniess partner

Full Answer

Can I sue my business partner for business litigation?

A California business litigation attorney knows that suing your business partner is not something that anyone wants to have to do. When you file a lawsuit against a business partner, you are making a disagreement you are having even more adversarial.

Can you sue a business partner for fiduciary duty?

If your business partner breaches their fiduciary duty to either you or the company, it may be necessary to sue. Especially if the conduct is ongoing or severely harmful to the business. Of course, that’s not the only reason why you may need to sue your business partner.

What to do if you have a dispute with a business partner?

If you are facing a dispute with a business partner, you should consider speaking with an experienced partnership lawyer. An experienced business attorney can advise you of your options and help you protect your business’s interests.

Do I need a lawyer for a partnership dispute?

Partnership disputes can be complex and messy. A partnership lawyer will examine your partnership agreement and any other contracts between you and your partner and also determine what state laws might apply to your claim.

Can partners in a partnership be sued?

While it's never the ideal solution, the answer is yes. Sometimes the only way to resolve an issue with a business partner is through a lawsuit. If your business partner is engaging in conduct that is harmful to the company, or that violates their obligation to the company, a lawsuit may be the only option.

Can I sue my ex business partner?

You can sue your business partner if: Your business partner engaged in fraud or theft. If your partner stole money or property from the company, you can file a claim to try to recover the items or funds. Theft or embezzlement is not only a civil matter, but is also a criminal matter.

How do you settle disputes between business partners?

Remove The Emotional Component. You need to take the emotional component out of the discussion. ... Establish The Facts. ... Find Common Ground. ... Set The Foundation. ... Have An Active Listening Session. ... Release Tension And Have Fun. ... Focus On 'Interests' ... Follow A Conflict Resolution Process.More items...•

What can you do if your business partner is not working?

Address the Issue Many business conflicts can be resolved or managed through open communication. If you are unhappy with the contributions a partner has made, one option is to simply speak to him about your concerns. Explain what you have observed and how you are feeling, without being accusatory or hostile.

How do I get rid of my 50/50 business partner?

File a Dissolution Form. You'll have to file a dissolution of partnership form in the state your company is based in to end the partnership and make it public formally. Doing this makes it evident that you are no longer in the partnership or held liable for the costs of its debts.

Can I take my business partner to court?

You can take the matter to court if your partner will not sell or negotiate and you wish to remain in the business. In this case, the court will decide the outcome, and one or both parties may be forced to sell.

How do you split a 50/50 partnership?

One popular type of partnership arrangement is the 50/50 split where profits and decision making is split equally. Partners entered into a 50/50 partnership agreement can dissolve the partnership at any time, and when a partner involved in a 50/50 agreement dies, the partnership automatically gets terminated.

How do you settle a dispute without going to court in a partnership?

The dispute in partnership dispute can be solved by the various methods like arbitration, mediation and negotiation. Court proceeding and awards are also the ways in which a dispute can be settled.

What happens when one partner wants to sell a business and the other doesn t?

Go to Court The lawsuit lets the courts decide how to terminate the business. The court's decision also includes figuring out how much each partner is owed if you are forced to sell. Keep in mind that legal fees, for both partners, add up quickly and could put you in a worse situation than if you just left.

Can my business partner push me out?

In most cases, a partner can force out another partner only for violating the partnership agreement or state or federal laws. If you didn't violate the agreement or act illegally, you may nonetheless be forced out of the partnership if a court determines that the partnership should be dissolved.

Can I walk away from a business partnership?

You can walk away, lose your stake, and risk future liability. There are times when this is a viable option. If the business is small, you won't be walking away from much value and if the rent is on a month-to-month basis, and if there isn't much other debt, you could walk away and take your chances.

What do you do if your business partner doesn't pull weight?

And when you observe that your partner is not pulling his or her weight, talk to them. It's when things have gotten bad and past the point of no repair that you should resort to more drastic measures like restructuring the equity or dissolving the business partnership.

What Are the Grounds for Suing a Business Partner?

There are a number of circumstances that might justify a lawsuit against your business partner. For example: Your partner breaches a fiduciary duty...

Can I Sue My Business Partner for Negligence?

If your partner acts negligently, it could affect your business in a number of different ways. For example, your partner may harm the business by n...

Can I Sue My Business Partner for Abandonment?

If your partner abandoned the business, you will likely need to take action to expel the partner or dissolve the partnership. In most cases, the pr...