Question: Harry Specter and Michael Ross practice law in the same building. They share equally in the overhead expenses, such as rent and utilities, required to
Harry Specter and Michael Ross practice law in the same building. They share equally in the overhead expenses, such as rent and utilities, required to keep the business running. Both Harry and Michael handle their own cases, consult and accept their own clients, and purchase their own advertising. Harry and Michael do occasionally handle a case together, and they have stationery that says "Specter and Ross" on the letterhead. They each have their own stationery as well. Harry and Michael keep their finances separate, except when they handle a case together; then, they split the proceeds equally. When a client of Harry's becomes dissatisfied and sues Harry for malpractice, she sues Michael as well. In deciding whether or not a partnership exists here, the court will look at: choose
whether Harry and Michael share profits and losses
whether Harry and Michael own the business jointly
whether they have a signed partnership agreement
whether Harry and Michaet have an equal right to be involved in the management of the business
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