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?
3 Answers from Attorneys
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.
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.
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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