Attorney for LLC Not Attorney for its Members
In a recent decision from Kansas, there was
considered and rejected the suggestion that the attorney for an LLC was as well
an attorney for each of its members. Green
v. Blake, 2019 WL 3776009 (D. Kan. Aug. 12, 2019).
Green, Blake and Leonard were all members in an
LLC organized in Oregon, 63rd St., Enterprises, LLC. Green filed suit against
the Blake and Leonard asserting claims including fraudulent misrepresentation
with respect to his having joined the LLC as a member. Green, in bringing that
suit, utilized the services of Laner, an attorney who it was asserted had
previously advised Blake and Leonard with respect to the LLC. On that basis,
they sought his disqualification from the matter.
The court rejected that suggestion. Rather, it
found that to the extent Laner had been involved with the LLC, it had been as
counsel to the LLC and not the individual members. In addition, they could not
bring forth evidence of particularized communications and representation with
respect to the LLC. Falling back on the Kansas adoption of Rule 1.13 and the
principle that the attorney for the organization is not as well the attorney
for the constituent members, the motion to disqualify Laner as plaintiff’s
counsel was denied.
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