Legal Question in Business Law in Michigan

Re: attorney representation

This is a difficult question and is fact specific. Who engaged and paid the attorney the first time? You? Partner? Corporation? If the attorney was hired by the corporation technically he can represent either of you. However, the prudent course of action is for the attorney to find someone else to represent the partners, get a waiver, or state he only will represent the corporation. Furthermore, if the matter he is representing your partner on is not adverse to you or the corporation there is no conflict. So in summation you need to evaluate the following:

1-Who did the attorney first represent?

2-Has that representation concluded?

3-Who is adverse to the party he his attempting to represent at this time?

If this representation is adverse to you it may be prudent for you to get an attorney to draft a letter to your partner's attorney. Good luck.