Despite the business acumen and sophistication of law firm partners when rendering advice to their clients, many law firm partnerships still exist without a written partnership agreement. The absence of a clearly written partnership agreement can lead to both uncertainty in the governance of the firm, including the rights and obligations of the firm’s partners while the firm exists and, because partnerships are voluntary associations, to unintended results in the event partners depart.

Earlier this year, the New York Court of Appeals issued a decision, concerning a start-up partnership in the financial industry, which is instructive on this point and once again highlights the need for law firm partners to commit their agreements to writing.

‘Gelman v. Buehler’

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