[CLBS] Can I represent both an LLC and a principal? What kind oftwaivers do I need?

[Holly Roark]

Thank you. What if neither the principal or the LLC has to do a BK and I’m just defending them in civil court? 

Best regards, 

Holly Roark
Attorney at Law

Roark Law Offices
Phone: (310) 553-2600
Fax:  (310) 553-2601
Cell phone:  (818) 648-3238
E-mail:  holly at roarklawoffices.com 

*Cycle Sport Lawyer: www.cyclesportlawyer.com

*Bankruptcy Specialist, certified by State Bar of California Board of Legal Specialization
www.bankruptcyattorneyinlosangeles.net

Sent from my iPhone

> On Mar 22, 2019, at 6:30 PM, Randal French <rfrench at rfrenchlaw.net> wrote:
> 
> In a ch 7 or ch 13, yes.  In a ch 11 or 12, no. Representing both in ch 11 or 12 is a conflict of interest between representing the estate and being paid from the estate. Which requires employment approval per 327, and representing the conflicting interest of the principal/guarantor.
> 
> Not usually an issue in ch 7 or 13 because no approval per 327 is required. Then its BBCack to basic rules of professional conduct addressing representation of multiple patties.
> 
> Get Outlook for Android
> 
> From: CLBS <clbs-bounces at admws.idaho.gov> on behalf of Holly Roark <holly at roarklawboise.com>
> Sent: Saturday, March 23, 2019 10:57:09 AM
> To: clbs at admws.idaho.gov
> Subject: [CLBS] Can I represent both an LLC and a principal? What kind of waivers do I need?
>  
> I've got an LLC with 2 members. Can I represent both the LLC and one of the
> principals (who signed personal guarantees)? There is no litigation yet, but
> I am doing some transactional work for the LLC, and may have to do a BK for
> the principal and/or defend him in civil court if he is sued. Does anyone
> have a sample of conflict waivers for this type of situation you can share
> with me? Or any horror story as to why I should not do this? I appreciate
> all guidance on this. 
> 
>  
> 
> Best regards,
> 
> HOLLY ROARK
> 
> Attorney at Law 
> 
> Certified Bankruptcy Specialist -
> 
> By the State Bar of California Board of Legal Specialization
> 
>  
> 
> ROARK LAW OFFICES
> 
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> 
> Phone:  (208) 536-3638 (Texting is great! Regular business hours only,
> please.)
> 
> Fax: (310) 553-2601
> 
> E-mail:   <mailto:holly at roarklawboise.com> holly at roarklawboise.com Website:
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> 
> You can easily see my real-time availability and schedule time with me at
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> 
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> 
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>  
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