Question
Fresh out of law school and with dim traditional employment prospects due to a tight job market for attorneys, best friends Scott Griswold and John
Fresh out of law school and with dim traditional employment prospects due to a tight job market for attorneys, best friends Scott Griswold and John Truman decide to join forces, hang a shingle, and start a new firm and enter into the private practice of law. Griswold and Truman have decided to operate their firm as a general partnership. The two legal eagles are currently discussing the terms of their partnership, including the name of the partnership, the division of management duties, and each partner's respective capital contributions.
1. From an evidentiary standpoint, are Scott Griswold and John Truman legally required to reduce their partnership agreement to writing?
2. Assuming Griswold contributes $ 100,000 as startup capital, Truman contributes $ 50,000 as startup capital, and the partners fail to outline the division of profits and losses in the written partnership agreement, would there be any way to determine how the profits and losses would be divided, and if so how would the profits and losses be divided?
3. Assuming a written partnership agreement is not required, nevertheless, would you advise Griswold and Truman to put their agreement in writing? If so, why?
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