Legal Question in Business Law in Georgia

Partner problems

My husband and I are partners in an LLC with another couple. Since we told them that we want to be bought out of our share (per our Operating Agreement), they have hired more people without our knowledge. They are also spending money like there is no tomorrow without even telling us. We have an attorney, but he is slow to return calls. Yesterday, one of the partners verbally accosted my husband in our accountant's parking lot. (He was screaming and stood behind my husband's car so that he couldn't leave.) Is there an immediate injunction that we could get to cease business, or at least prevent them from spending any more money?


Asked on 11/30/07, 12:48 pm

3 Answers from Attorneys
Robert Thompson J. Robert Thompson Attorney

Re: Partner problems

Without seeing the operating agreement, I can't really answer this. If you are dissatisfied with your attorney, you should retain another.

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Answered on 11/30/07, 12:57 pm
Charles W. Field Charles W. Field, Attorney at Law

Re: Partner problems

Ordinarily, I would sugget getting an attorney. Since you have one but one who won't move to protect your interests, in effect, you don't have an attorney.

Yes, there are certain emergency remedies available, but they have to be pursued properly. They are too complicated to explain in this type of forum.

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Answered on 11/30/07, 1:14 pm
Roger Krause Krause & Witcher

Re: Partner problems

There are two types of immediate actions that would preserve the value of the Company; the appointment of a Receiver and/or an Injunction. In essence, these serve to protect and maintain the status quo, until the case is resolved. You must be careful when seeking a receiver/ injunction, because there are some benefits and costs; the ultimate determination should be made in consultation with your attorney.

In reference to selection of an attorney, you must feel comfortable with him/her. The State Bar of Georgia has some information on how to select an attorney. From the brief description, it seems like you first, reasonably, discussed the matter with a so called transactional or deal attorney, and it seems like the matter has now become a significant dispute, and as such, you may need a litigator.

I regularly litigate these types of �business divorces�, and I am available to discuss.

Best of luck,

Roger

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Answered on 11/30/07, 1:38 pm


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