Partner disputes – Corporate Law, law homework help

Your managing partner has called you into his office and tells you
that he has a confidential research matter that he needs you to
complete. He advises that the law firm operates as a general partnership
with four general partners. While there is a written agreement that
identifies the four partners and states that they “shall share all
profits and bear all expenses, equally,” the partnership agreement fails
to discuss what happens if the partners cannot agree on an issue and
there is no majority among the partners to decide a conflict.

One of the secretaries in the firm has come to the managing partner
to complain about sexual harassment allegedly committed against her by
another of the partners. The partner in question denies the allegations
and has demanded that she be fired; the managing partner agrees with
him. The other two partners, however, are afraid that if they fire this
secretary, she may sue the firm in court, causing great embarrassment
and bad publicity. They wish to negotiate a severance package and
settlement agreement with the secretary in which she resigns in exchange
for a sum of cash and execution of a confidential settlement agreement.
The partner who was accused of the sexual harassment has gone ballistic
over this suggestion and has threatened to leave the firm and take all
of his clients. The two partners who have recommended settlement have
made a similar threat in the event that the issue is not quickly,
quietly, and amicably resolved.

For this assignment, you should use the state in which you
currently reside to determine the applicable law (Florida). Your supervising
partner has requested that you draft a memo that (1) explains what
happens in the event the partners remain split 2-2 over what action to
take, (2) explains the right of any partner to leave the firm and take
clients with them, and (3) makes a recommendation for how the firm
should proceed in this situation. Be sure to cite applicable statutes
and case law in the memo.

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