Question
Alison told her partners in writing that she would be leaving the law partnership at the current partnership year-end, January 31, 2014. At year-end, Alison's
Alison told her partners in writing that she would be leaving the law partnership at the
current partnership year-end, January 31, 2014. At year-end, Alison's partners bought her
partnership interest and agreed that she would no longer be liable for any of the prior or
subsequent partnership obligations. In February 2014, one of the remaining partners
absconded with $2 million held for Mr. Smith, a long-time client, taken in trust in
September 2013. Mr. Smith sued the partnership, the partners, and Alison. Given the
foregoing facts, which of the following statements is true?
a. Even if Alison gave Mr. Smith actual notice of her leaving the partnership, and he
agreed that she would no longer be obligated for the partnership's obligations, she can be
held liable to Mr. Smith.
b. She has no right to recover any funds she has to pay from her former partners.
c. Mr. Smith can recover on his judgment out of the partnership assets.
d. After the partnership assets are exhausted, Mr. Smith can recover on his judgment from
any one of the remaining partners but not Alison.
e. Only the remaining partners, not Alison, have the right to recover anything they have to
pay from the absconding partner.
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