[RPPTL Leasing Committee] Potential conflict of interest?

[Martin Lawyer]

Dear Kris:

A.   This sounds like a Florida Bar exam question in the business association portion of the exam or the ethics portion of the question.

B.   You can never go wrong declining representation.  As my future interests prof at Vanderbilt said, "When in doubt, do the conservative thing."  Amazingly, Mr. Bostick is apparently still alive:   https://law.vanderbilt.edu/bio/dent-bostick


                                Marty
             C. Martin Lawyer, III,  Esquire
                          BAY  AREA  LEGAL  SERVICES,  INC.
                       1302  N. 19th St.,  Suite # 400
                      Tampa,  FL    33605-5230
                       Phone:   (813)  232-1222,  extension 109
                          Fax:           248-9962



________________________________
From: landten-bounces at lists.flabarrpptl.org <landten-bounces at lists.flabarrpptl.org> on behalf of Kristopher Fernandez <KFernandez at kfernandezlaw.com>
Sent: Friday, August 14, 2020 11:33 AM
To: landten at lists.flabarrpptl.org <landten at lists.flabarrpptl.org>
Subject: [RPPTL Leasing Committee] Potential conflict of interest?


During happy times, wife and husband formed Corporation A.  Wife owns 51% of Corporation A and husband owns 49%.



Corporation A owns 100% of LLC A.  LLC A is the owner and landlord of commercial property.



Husband owns 100% of LLC B and LLC B is the sole owner of LLC C.  LLC C is the tenant of the commercial property owned by LLC A.



Wife and husband divorced in December 2019.  Strangely enough, the tenant (LLC C) has stopped paying rent and the now ex-wife has approached me to file an eviction lawsuit against the tenant (basically, her ex-husband).



My concern is that Corporation A is owned 51% by ex-wife and 49% by ex-husband and Corporation A owns 100% of LLC A, the owner and landlord of the commercial property.



My client, I believe, would be LLC A only, the owner and landlord and I would prepare my engagement letter to say that I only represent LLC A.



I have read Rule 4.1-13 of the ethics rules regarding representing organizations.  Still the situation concerns me.  Does anyone have any thoughts?











Kristopher E. Fernandez, Esquire

Florida Bar Board Certified Real Estate Attorney

114 S. Fremont Avenue

Tampa, FL  33606

(813) 832-6340

(813) 601-3257 (after hours)

(813) 251-0438 (fax)



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