Discussion Occurred When Corporate Attorney Sought To Collect Unpaid Fees.
When a trial court granted and disallowed some unpaid fees by a corporate attorney representing the corporation and major shareholder, separately and together at times, the Fifth District in Cyril Lawrence, Inc. v. K.S. Aviation, Inc., Case No. F079662 (5th Dist. Oct. 26, 2021) (unpublished) reminded us that there may not be a conflict between representing a corporation and a major shareholder, depending on the circumstances. Where the corporation, major shareholder, and other shareholders are unified in interest in opposing a third party claim not implicating management issues, simultaneous representation of the corporation and a major shareholder will not pose a problem. However, where there is a dispute about corporate management or control, it would be a conflict to represent both the corporation and major shareholder as against other shareholders. (Buehler v. Sbardellati, 34 Cal.App.4th 1527, 1540 (1995).)
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