Assignment Task:
Situation: Annie Chase was surprised when she received the summons from the sheriff. A lender, it seems, claims that Brew, LLC, defaulted on a loan and is seeking damages in court. Annie was sure that Brew hadn't taken any loans and wasn't entirely clear on this creditor. The complainant named Brew, LLC-that is, Annie and her business partner-as defendants. Based upon what you've all learned to date about agency, contracts, and business organizations, what advice would you give Annie, and how would you advise dealing with the claim? In terms of content, consider the following (but realize that you're not limited to these questions or issues): What information is necessary to properly assess this claim and advise Annie how to proceed? More likely than not, you'll want to state in your opinion letter that you'll need certain documents or information from the client. State it. Does it make a difference to Annie's personal liability that Brew has set itself up as a limited liability company (LLC)? What if Annie and her business associate are partners? Your advice letter might be a good place to let Annie know the potential liability for Brew and her personally.