Would this be considered conflict of interest?

Asked over 1 year ago - Siler City, NC

I am a partner in a business. I have decided to sell my half to my partner. We cannot settle on the price. So she is using the say lawyer that we used to start our business to do our legal papers for our business. I cannot get her lawyer to discuss anything with me the lawyer keeps telling me she not my lawyer and will not discuss or try to settle this matter. I cannot afford a lawyer.

Attorney answers (3)

  1. Kenneth Love Jr.

    Contributor Level 19

    Answered . As to the conflict of interest issue, the other answers gave very practical advice. This depends on who the attorney represented before. If the attorney represented the corporations, which is typical during the incorporation, he or she did not represent either of you before. In that case, there is no conflict which could be created as you were not a client before. It is unusual and unwise for an attorney incorporating a business to represent the individual owners/members during the incorporation process.

  2. William Emil Cassara


    Contributor Level 18


    Lawyer agrees

    Answered . I do not know the value of your business, but it sounds to me like you can't afford to not have your own lawyer.

  3. Rixon Charles Rafter III

    Contributor Level 20

    Answered . You have very limited options- you can stay in, you can sell at a price the partner will accept, you can hire a lawyer, or you can represeent yourself. Thats about it.

    You want out--so option 1 is a nonstarter.
    You won't agree to a price with the partner--so option 2 is out.
    You can't afford an attorney--so option 3 is not happening.
    Representing yourself against the attorney is all that is left. That likely won't go very well for you.

    Seems to me that accepting your partners price is the least expensive way out--but you have to measure that against other factors and circumstances you did not post. I wish you the best of luck with this tough decision.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of... more

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