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FORMATION OF GENERAL PARTNERSHIPS PALMER v. CLAYDON 1999 Conn. Super. LEXIS 2661 (Conn. Super. Ct. 1999) Linda Palmer sued John Claydon, an attorney, for legal

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FORMATION OF GENERAL PARTNERSHIPS PALMER v. CLAYDON 1999 Conn. Super. LEXIS 2661 (Conn. Super. Ct. 1999) Linda Palmer sued John Claydon, an attorney, for legal malpractice in connection with his legal services for her in several land transactions. Palmer also sued attorney George Lawler. In fact, Lawler was not Claydon's law partner, did not participate in any of the services that Palmer claimed to have constituted malpractice, and did not provide any legal services at all to her. She later released Claydon from the claims against him. Palmer's sole allegation against Lawler was that he was a purported partner of Claydon and, as such, is also liable for any malpractice by Claydon. Hodgson, Justice. Lawler asserts ... that this action is if she can prevail that there he was not a law partner of Claydon and was a partnership between Lawler and did not hold himself out to be. He states Claydon." The court does not agree with that he and Claydon were never partners this statement. While Palmer does not but that they shared space and expenses. allege that there was an actual He states that he and Claydon "never partnership, she alleges that Claydon and shared clients, nor employed each other Lawler held themselves out as partners to represent our clients" and did not and that she relied on that representation. commingle their funds received from the A] party who purports, by words or practice of law nor share profits or losses conduct, to be a partner or consents to from the practice of law. being represented by another as a partner Palmer asserts that the two attorneys in a partnership is liable to persons who held themselves out to be a partnership by rely on the representation in entering identifying their practice as "Claydon & "into a transaction with the actual or Lawler" on a sign at their law office and purported partnership" either to the same on their stationery and in their telephone extent as a partner for partnership liability directory listing. She further avers that or "jointly and severally" with any other Claydon introduced Lawler to her as his person consenting to the representation law partner; and that Lawler, in a that a partnership existed, depending on telephone conversation with her, the situation. .. identified himself as Claydon's law Lawler claims that even if he is partner. The plaintiff further avers[:] assumed to have held himself out as a I relied upon Attorney Claydon's and partner of Claydon, the release and Attorney Lawler's representations withdrawal of Palmer's claims against that they did business as a law Claydon serves to release him from partnership. I believed that I would liability. The plaintiff does not dispute have the benefits of working with a that she released defendant Claydon from partnership, including adequate her claims of legal malpractice. ... The resources and legal cover-age for the release of Claydon ... as a matter of law real estate transactions. releases Lawler from ... liability [as a Lawler states that "the only way in purported partner]. Motion for summary which Palmer can hold Lawler liable in judgment granted to Lawler

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