Legal Question in Business Law in New Jersey

Partner A walked out of LLC and 3 years later is suing???

I opened an auto body shop back in 04 w/a partner - We both invested approx $20k - within the 1st few months my partner wrote checks to himself and started spending less and less time there- 6 mnths in he just stopped showing up - He left his corvette in the lot and never really gave me an explanation. 3 years later I get served for a lawsuit for $40,000 - I even paid to have his car sent to his house a year after he left. This guy left me with a 2 yr contract for $4000 a month and almost buried me - The attorney I have is very passive and the only thng he is aggressive abut is billing me - I had a mandatory mediation that wasted my time and money as for all his claims were dissmissed and I keep getting letters that his lawyer wants hundreds of documents as discovery but it seems like he's fishing for something his client can claim is his and is owed. Documents like my landlords financials?? The mediator contradcted himself over and over - saying he couldn't understand the evidence and asking me to shed light on it - my lawyer and the mediator couldn't answer questions I had - they both seemed like they were guessing and between the 2 of them at $600 an hour I've had enough - my xpartner & contingency 25yr old lawyer r killing me


Asked on 2/23/08, 11:12 pm

4 Answers from Attorneys

ROBERT MORAF ROBERT S. MORAFF LLC

Re: Partner A walked out of LLC and 3 years later is suing???

Suits can be commenced within 6 years for contract and tort claims,

Mediations are not binding as contrasted to binding arbitration- mediation is an attempt to resolve disputes and sometimes it is succesful and many times it is not.The bottom line is you need to be satisfied with your attny and performance and are free to get a new warrior. I presume but dont know if you have a counterclaim. You fee arrangement is a bit confusing- $600 an hour is not common in this state and your reference to a contingency as well seems inconsistent. You should have a written retainer agreement. As to the amount of fees any arrangement and cost should, if possible, be related to the results sought or amount of exposure.

If you need any further input I am available

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Answered on 2/24/08, 8:50 pm
Michael Berman Law Offices of Michael A. Berman

Re: Partner A walked out of LLC and 3 years later is suing???

I've been a lawyer in the area for more than 15 years, and it seems to me that you are describibg a common tactic to extort money. The way they see it, you'll pay a lawyer or you'll pay them to settle.

My hourly rates for trial matters in Central and South Jersey are a lot less than what you describe, and my office rate is even less. What you need is someone who will talk straight and try to get you out of this with as little damage as possible.

Mike Berman

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Answered on 2/25/08, 10:29 am
Robert Davies The Davies Law Firm, P.A.

Re: Partner A walked out of LLC and 3 years later is suing???

Fire your lawyer. Get ready to fight very very hard, and go after your former partner. This nonsense is common, and you do not have a lot of good options.

I agree with the other attorney, it may be that your expartner is trying to simply extort undeserved money from you just so he will go away. Seems like you will have to bloody his nose a bit before you can get out of this.

Call if you like; I never charge for a first phone call.

You can then decide how you would like to proceed.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The response that you have received is based only on the small amount of information which you have provided. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 2/25/08, 11:09 am
Robert Davies The Davies Law Firm, P.A.

Re: Partner A walked out of LLC and 3 years later is suing???

Fire your lawyer. Get ready to fight very very hard, and go after your former partner. This nonsense is common, and you do not have a lot of good options.

I agree with the other attorney, it may be that your expartner is trying to simply extort undeserved money from you just so he will go away. Seems like you will have to bloody his nose a bit before you can get out of this.

Call if you like; I never charge for a first phone call.

You can then decide how you would like to proceed.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The response that you have received is based only on the small amount of information which you have provided. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

Read more
Answered on 2/25/08, 11:09 am


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