These summaries were prepared by McGuireWoods LLP lawyer Thomas E. Spahn. They are based on the letter opinions issued by the Virginia State Bar. Any editorial comments reflect Mr. Spahn's current personal views, and not the opinions of the Virginia State Bar, McGuireWoods or its clients. 
 
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  Topic: 72 - Representing Partnerships
LEO NumTopicsSummaryDate
0266

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72-Representing Partnerships

A law firm may represent a limited partner in an action against another partner seeking access to the books of the limited partnership although the lawyer had prepared the limited partnership documents with every partner's consent (because the firm had originally been hired to represent the limited partner's interests). 6/10/1975
1099

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16-Lawyer's Personal Interests

32-Lawyers Acting in Other Roles (Miscellaneous)

72-Representing Partnerships

A lawyer is a general partner in a partnership with three limited partners. The lawyer has filed an action against the three limited partners. The Bar declines to say whether it is proper for the lawyer to file a lawsuit against the limited partners while retaining the status of a general partner. 7/11/1988
1458

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72-Representing Partnerships

A lawyer may represent a partnership and one of three partners in an action against the other two partners as long as the lawyer never met with the two partners or discussed any confidential matters with them, because the lawyer had no attorney-client relationship with the two partners (the partnership was a separate legal entity). 5/11/1992
1037

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16-Lawyer's Personal Interests

32-Lawyers Acting in Other Roles (Miscellaneous)

72-Representing Partnerships

A lawyer represents a limited partnership suing a city on a zoning matter. One of the five general partners later joins the law firm representing the city. The general partner has conveyed the partnership interest to a trust, and the city's law firm has erected an ethics screen around the former general partner. Although the general partner was involved in "legal discussions involving strategy, settlement and the conduct of the suit" before leaving the limited partnership, there was no ethical violation because there had been no attorney-client relationship between the partner and the limited partnership. 3/8/1988
ABA-361

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72-Representing Partnerships

Because a partnership is like other legal entities, a lawyer representing a partnership ordinarily does not represent the individual partners. Information the lawyer receives in representing the partnership ordinarily may not be withheld from individual partners. A separate attorney-client relationship with an individual partner may potentially result in a conflict. If asked to represent an individual partner, the lawyer should obtain the partnership's and individual's consent after full disclosure. 7/12/1991

Copyright 2000, Thomas E. Spahn