You did not specify whether you are a managing member, whether the attorney has been acting as the attorney for the company in the past, what is your relative membership interest and what is the membership interest of your co-member and whether the operating agreement touches upon this issue. All those would be material to answer the question whether the attorney might have a conflict of interest.
Since you are concerned about the impartiality of the process, you could propose that a new impartial attorney be appointed to oversee the dissolution process.
In the alternative, you can propose to have your own attorney present to make sure that the distribution of funds is done equitably and in accordance with the operating agreement and state law. You can suggest that your co-member pay for his/her attorney and you pay for yours.
It is not uncommon to have several attorneys present at such proceedings and would be a reasonable request that each of the members pay for their own legal counsel.
Feel free to contact my office at your earliest convenience if you require additional information.
I am a admitted to practice in Connecticut.
Roman R. Fichman, Esq.
www.TheLegalist.com │ @TheLegalist
email: Info (@) TheLegalist (dot) com
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Disclaimer: This post has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice or be relied upon. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice. This post may be deemed as Attorney Advertising.
