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Two business partners using the same lawyer

Is this a fair way of settling a dispute?

Toytown Germany > Discussion forum > Germany-wide > Legal
SpiderPig
As part of an on-going buisness spilt, I find myself being pushed into many corners

I have been asked "not to take sallary and pay this off against debt"

I have ben offered " early rease from contrtual obligations" If I pay my %age of debts.."

I offered today to meet around a table with " our mutual buisness advisor" only to be told " But you need your own accountant"

so, I need to know, can "our mutual tax advisor/ accountant/Klansai" represent 2 of the 3 parties involved in this battle? and not the third party?
Mik Dickinson
yes they can.As in a divorce but only if all parties are understanding and striving to meet a mutual decision
Guy
Without casting aspersions on any parties, I personally think it unwise to rely on a sole adviser to multiple parties in such circumstances. Of course they're supposed to be impartial, but usually one party gets what turns out to be better advice than the others. It depends whether you just want to draw a line under the whole thing, or whether you want to make sure things get sorted out in a proper manner. Where money is involved it's usually every man for himself. Get your own accountant, or get your own lawyer to bring his for you.
Johnny English
Well I reckon like all stuff that starts looking kinda "legal" it is always better for the parties to try and settle by mutual agreement before things get too formal and too aggressive etc. Once stuff goes proper legal the costs spiral and it becomes like a poker game where nobody wants to fold first.

Now, at this stage, that can be as simple as the two parties simple talking one-to-one, or with "any" 3rd party that knows them both to keep things calm and rational - so actually sounds to me like the accountant bod would be a pretty good choice of mediator. His role at this stage is NOT to formally advise either side, just to kinda help tread a fair path.

Clearly if talks break down, then both sides would need to take more formal/legal advice, and ironically that actually implies that NEITHER should then use the previous accountant as advisor, because historically he has worked with both sides.

p.s. My tuppence worth from past experience is that you both wanna get out of any "contractual obligations". Hell on earth is working your notice somewhere you are not welcome anymore. It's a nightmare for both sides.
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