Adam, Bob, and Cody are successful attorneys who decided to set up a law firm under the
Question:
Adam, Bob, and Cody are successful attorneys who decided to set up a law firm under the name "Win Legal Services LLP" ("Win LLP"). They agreed to share profits and losses equally. Adam prepared the documents required to register the firm as a limited liability partnership and instructed his assistant to file them with the Secretary of State. Inadvertently and unbeknownst to Adam, Bob, and Cody, Adam's secratary never filed the prepared documents.
Adam, Bob, and Cody found a office to lease. The office had space for a library, a receptionist, four secretaries and leased four attorneys. They placed their name on the door of the office as Win LLP.
Having an empty office they decided to rent out the other office to another attorney. David rented the extra office, an attorney who had a small solo law practice, for a monthly rent of the greater of $1,000 or 10% of his billings. David committed malpractice arising from a case that he undertook soon after he moved into the Win LLP office space.
- May Adam, Bob, and Cody each be held personally liable for David's malpractice? Discuss.
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts