Partnership Disputes


For burgeoning entrepreneurs, a partnership can elevate the level of creativity, resources, and exposure a starting business desperately needs to succeed. Unfortunately, many business owners fail to know the extent of their partner’s experience, vision for the enterprise, or other incidental factors that could ultimately cause undue hardship.

Partnership Disputes Attorney David I Shiner Law Group

Understanding Partnership Disputes

A partnership dispute can negatively impact your business’ financial performance, resulting in lost profits and customer retention.

Understanding your rights and responsibilities can help you implement protective measures to prevent or reduce a disastrous outcome, as business partnerships assume shared liability risks and profit gains and losses. (Partnerships can be limited so personal liability is not factored into business losses.)

Per Florida’s Uniform Partnership Act, which governs partnerships, business partners have fiduciary duties to preserve the integrity of the partnership.

A written or formal agreement does not need to be entered into by and between the partners, though the partnership must comply with state and federal business laws. The absence of an agreement, however, can cause underlying tension with respect to the partners’ individual goals and procedures.

Addressing potential areas of conflict proactively will mitigate the complexity and cost of negotiating a dispute once it has negatively affected the business.

Common reasons for partnership disputes include, but are not limited to:

  • Business decisions or new prospects.
  • Misappropriation of funds.
  • Details of the partnership agreement.
  • Breach of fiduciary duty, such as breach of contract, fraud, misuse of partnership funds or misappropriation of assets.
  • Partnership dissolution.
  • Pressures associated with a partner’s personal obligations.

Creating an agreement is an important step in safeguarding the business and understanding the relational mechanics can help prevent an imploding partnership.

Resolving a Partnership Dispute

Many business partnership disputes arise from a partner’s violation of his or her fiduciary duties, which can be outlined in a partnership agreement. (The terms of a partnership agreement may be subject to interpretation by Florida courts.)

In any case, the financial performance of a business is paramount, and a dispute can be remedied without dissolving the partnership by pursuing alternative methods of negotiation and mediation before legal assistance is required.

Dissolving a Partnership

When a partnership dispute causes irreparable harm to your business, a dissociation may be necessary to maintain operations; however, a partner can only dissociate before the termination of the limited partnership under conditions outlined by the Uniform Partnership Act, such as notice of an express will to withdraw, or unanimous consent of other partners because it is unlawful to continue with the withdrawing limited partner.

A partner can also bring a legal cause of action against another party involved in the business partnership for legal or financial relief.

How a Shiner Law Group Attorney Can Help

At the Shiner Law Group, our award-winning partnership dispute attorneys have over 15 years’ experience assisting small businesses, limited liability companies, joint ventures, and other partnerships with a variety of business dispute matters.

We conduct a thorough and independent investigation of the circumstances associated with the dispute to ensure your rights are protected.

Our trial lawyers have a results-driven approach to helping business owners develop strategies to avoid future disagreements. We spare our clients from unnecessary risk and liability by confirming assets and debts are fairly divided.

Speak with a Shiner Law Group Business Litigation Attorney

By working with a business litigation lawyer at the Shiner Law Group, business owners can find comfort in resolving their disputes quickly and in a cost-efficient manner. We can help you assess, file, and prosecute or defend your legal matter and get the justice you deserve. Call us at (561) 777-7700 or contact us online for a free case review.

Partnership Disputes Attorney David I Shiner Law Group

For burgeoning entrepreneurs, a partnership can elevate the level of creativity, resources, and exposure a starting business desperately needs to succeed. Unfortunately, many business owners fail to know the extent of their partner’s experience, vision for the enterprise, or other incidental factors that could ultimately cause undue hardship.

Understanding Partnership Disputes

A partnership dispute can negatively impact your business’ financial performance, resulting in lost profits and customer retention.

Understanding your rights and responsibilities can help you implement protective measures to prevent or reduce a disastrous outcome, as business partnerships assume shared liability risks and profit gains and losses. (Partnerships can be limited so personal liability is not factored into business losses.)

Per Florida’s Uniform Partnership Act, which governs partnerships, business partners have fiduciary duties to preserve the integrity of the partnership.

A written or formal agreement does not need to be entered into by and between the partners, though the partnership must comply with state and federal business laws. The absence of an agreement, however, can cause underlying tension with respect to the partners’ individual goals and procedures.

Addressing potential areas of conflict proactively will mitigate the complexity and cost of negotiating a dispute once it has negatively affected the business.

Common reasons for partnership disputes include, but are not limited to:

  • Business decisions or new prospects.
  • Misappropriation of funds.
  • Details of the partnership agreement.
  • Breach of fiduciary duty, such as breach of contract, fraud, misuse of partnership funds or misappropriation of assets.
  • Partnership dissolution.
  • Pressures associated with a partner’s personal obligations.

Creating an agreement is an important step in safeguarding the business and understanding the relational mechanics can help prevent an imploding partnership.

Resolving a Partnership Dispute

Many business partnership disputes arise from a partner’s violation of his or her fiduciary duties, which can be outlined in a partnership agreement. (The terms of a partnership agreement may be subject to interpretation by Florida courts.)

In any case, the financial performance of a business is paramount, and a dispute can be remedied without dissolving the partnership by pursuing alternative methods of negotiation and mediation before legal assistance is required.

Dissolving a Partnership

When a partnership dispute causes irreparable harm to your business, a dissociation may be necessary to maintain operations; however, a partner can only dissociate before the termination of the limited partnership under conditions outlined by the Uniform Partnership Act, such as notice of an express will to withdraw, or unanimous consent of other partners because it is unlawful to continue with the withdrawing limited partner.

A partner can also bring a legal cause of action against another party involved in the business partnership for legal or financial relief.

How a Shiner Law Group Attorney Can Help

At the Shiner Law Group, our award-winning partnership dispute attorneys have over 15 years’ experience assisting small businesses, limited liability companies, joint ventures, and other partnerships with a variety of business dispute matters.

We conduct a thorough and independent investigation of the circumstances associated with the dispute to ensure your rights are protected.

Our trial lawyers have a results-driven approach to helping business owners develop strategies to avoid future disagreements. We spare our clients from unnecessary risk and liability by confirming assets and debts are fairly divided.

Speak with a Shiner Law Group Business Litigation Attorney

By working with a business litigation lawyer at the Shiner Law Group, business owners can find comfort in resolving their disputes quickly and in a cost-efficient manner. We can help you assess, file, and prosecute or defend your legal matter and get the justice you deserve. Call us at (561) 777-7700 or contact us online for a free case review.

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