Legal Question in Business Law in Florida

can an active Lawyer in Florida represent a company while acting as register agent of that company at the same time?

the question is 1. who is paying the Lawyer or 2. the lawyer earning from profit of company.

isn't that conflict of interest?


Asked on 5/29/11, 11:25 am

2 Answers from Attorneys
Richard Kaplan

The purpose of a Register Agent is for the purpose of receiving legal notices for the company and for service of process on the company. Once received, they advise the company, and await instructions, if any.

Lawyers are often the Register Agent, and there is not conflict for serving in both capacities. It is the company that decides whether to use the Lawyer in a legal capacity or not.

If the company decides to use the Lawyer to represent them legally, then the company will pay the Lawyer. Lawyers don't take a profit from the company just for serving as an attorney. They only get paid for their services, i.e., hourly, flat fee or contingency, depending upon the situation.

Read more
Answered on 5/29/11, 11:34 am
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I agree with the other attorney answer. It's not a conflict of interest - where's the conflict? Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

Read more
Answered on 6/02/11, 5:55 pm


Related Questions & Answers

More Business Law questions and answers in Florida