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In: Operations Management

A lawyer advised his client that they could no longer participate in a certain business because...

A lawyer advised his client that they could no longer participate in a certain business because of changes to the tax laws. He then secretly took advantage of an exception in those tax laws to start up his own business doing the same thing. He failed to advise his client of that exception and kept his own participation in the business a secret while continuing to act as their lawyer. When the client found out, he sued both the lawyer and his partners in the law firm.

            Explain the nature of the complaint and the appropriate remedy in these circumstances. Should the innocent partners also be liable for the loss?

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Expert Solution

ANSWER :

In this situation the legal counselor has neglected to guidance Monarch accurately and totally on all issue pertinent to the proceeding with his business and rather disguised reality which has been utilized for individual preferred position.

In this manner the idea of the griping here the Breach of Fiduciary Duty which the legal advisor had towards Monarch being his legitimate consultant responsible for his recommendation and employment.

The suitable cure as distinguished in this circumstance would be that the attorney who penetrated his obligation just as the inferred trust will be required to repay Monarch out of his own benefit which he picked up legitimately from the business out of hiding reality and acting a contender if ruler.

He will likewise be required to take care of ruler out of his income from law office which he picked up from charging ruler for the administrations, however just for the timespan inside which the attorney was going about as the accomplice of firm and business contender of ruler. When he will leave the law office he will have no obligation towards ruler.

No the blameless accomplices who didn't had any thought regarding this misleading demonstration of legal counselor would not be subject for the loss of ruler.

This is on the grounds that they didn't had any information about legal counselor's endeavor to exploit for not uncovering right data to his customer ruler.

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