Bloomberg Law
Oct. 1, 2018, 8:30 PM UTC

Partnership’s Lawyer Didn’t Have Duty to Dish on Partner

Mindy Rattan
Mindy Rattan
Reporter

One member of a two-member general partnership can’t sue the partnership’s lawyer for malpractice on allegations that he didn’t tell her what the other partner was up to, a Tennessee appellate court ruled.

Victor Bishara and Donna Vanderschaaf were equal partners in a real estate development that defaulted on its loan. Bishara sold the company’s assets to avoid foreclosure. Vanderschaaf then sued the company’s lawyer for malpractice and breach of fiduciary duty after learning that Bishara received a fee for facilitating the sale.

Judge W. Neal McBrayer of Court of Appeals of Tennessee affirmed a judgment for the lawyer Sept. ...

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