Like couples about to get married, potential partners looking to commence or join a partnership rarely focus on the possible future breakdown of relations. 

Similar to family law disputes, partnership disputes can be highly charged due to the close and intimate nature of relationships and what are often diverging interests.

As prevention is normally better than cure, we recommend that all partners consider the adequacy of their current written partnership agreements and other legal arrangements when relations are good amongst partners.  Indeed, a well-documented partnership agreement and fair reward structure may help you to avoid disputes and help you and your partners to navigate around common pitfalls.

It is not always possible to avoid disputes amongst partners.  Where trust breaks down or where new entrants have different medium or long-term priorities to older partners, a partnership may no longer be viable.  Our Partnership Disputes team always assesses your situation in the first instance to see whether the key relationships are salvageable.  We encourage mediation as a method of either rescuing relationships which have deteriorated or, where that is not possible, allowing you and your partners to part ways as amicably as possible.

Where mediation is not viable or where urgent steps are required to preserve assets and your interests, we have the litigation experience to fight your corner and to support you through what can be a distressing process, especially where you have nurtured the business from its infancy.

Our multi-disciplinary approach and experience ensures clients get a seamless service in respect of the establishment, running of and dissolution of partnership structures across a range of industries.  We have the corporate expertise, the employment and regulatory experience and the specialist dispute-resolution skills and experience to assist clients in this challenging area.

Experience

  • We have advised several law firms and other professional services firms in relation to the expulsion of partners.
  • We acted on behalf of a large professional services firm in High Court proceedings in the defence of a claim brought by a departing partner in relation to his termination.
  • We acted in a mediation which led to the agreed dissolution of a law firm which was no longer viable and which enabled the partners to establish new firms.
  • Our experience includes acting in partnership disputes in the environmental services and construction industries involving alleged fraud or theft of partnership monies by partners.
  • We issued injunctive proceedings on behalf of a regional law firm, which subsequently led to the successful resolution of the dispute by agreement.
  • We have been involved in the successful mediation of disputes amongst partners across a range of industries and sectors.
  • We have advised in relation to the appointment of a receiver over partnership assets.
  • We have advised partners of firms in “run-off” situations in relation to the maintenance of professional indemnity insurance beyond the dissolution of their partnerships.
Head of Practice
Photo of Shane Neville

Shane Neville

Partner
Partnership Disputes

sneville@lkshields.ie
+ 353 1 638 5853


More from our Partnership Disputes team

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+ 353 1 638 5853

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