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How to Protect Yourself in Office-Sharing Arrangements
How to Protect Yourself in Office-Sharing Arrangements. Office sharing can create one of the most frustrating forms of liability in your practice. Most attorneys assume, with some justification, that they are only liable for acts which they commit or which are committed by formal partners or associates. While this is generally true, office-sharing arrangements can create situations in which liability is imposed upon an attorney for the acts of another attorney with whom office space is being shared. This article will explain the basic reasons why office sharing can lead to such liability. A number of strategies will be suggested for avoiding such liability. The article will conclude with a discussion of "of counsel" relationships which can both create and help avoid this type of liability. The Basis of Office-Sharing Liability Section 16 of the Texas Uniform Partnership Act (TUPA) provides that a person may be a partner by estoppel "when a person, by words spoken or written or by conduct, represents himself, or consents to another representing him to anyone, as a partner in an existing partnership or with one or more persons not actual partners .

Full Article: http://www.tlie.org/riskmgmt/news/92isu1.htm


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