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High Drama and Hindsight: The LLP Shield, Post-Anderson

Business Law Today, January-February 2003

4 Pages Posted: 14 Aug 2009 Last revised: 12 Nov 2009

Susan Saab Fortney

Texas A&M University School of Law

Date Written: January 6, 2003

Abstract

This article explores several disadvantages associated with limited liability partnerships (LLPs) in the wake of the Anderson-Enron debacle. The article explains how conversion to LLP from a traditional partnership may undercut the incentive for partners to devote time and resources to monitoring and risk management activities. Additionally, the article notes that conflicts may arise regarding the payment of debts when a firm, without sufficient malpractice insurance, converts to an LLP. The article delves into the exodus problem caused by the lack of partners’ commitment to the firm. The article also describes the tension between partners over malpractice insurance decisions that arise with LLPs. The article cites asset insufficiency and the potential of moral hazard as potential problems caused by LLPs. The article urges firms to carefully evaluate these potential negative consequences when deciding to transition from a traditional partnership to an LLP.

Keywords: Limited Liability Partnership, LLP, legal malpractice insurance, law firms

JEL Classification: K19

Suggested Citation

Fortney, Susan Saab, High Drama and Hindsight: The LLP Shield, Post-Anderson (January 6, 2003). Business Law Today, January-February 2003. Available at SSRN: https://ssrn.com/abstract=1454816

Susan Fortney (Contact Author)

Texas A&M University School of Law ( email )

1515 Commerce St.
Fort Worth, TX 76102
United States
817-212-3902 (Phone)

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