Marquart

FACTS AND PROCEDURAL BACKGROUND

Plaintiff and defendant formed a law partnership in 1998, agreeing they would share equally in the business’ profits and losses. In 2003, the parties acquired an office building and created Centennial Professionals LLC to operate it. At the same time, they entered into a written agreement confirming the terms of their oral law partnership agreement, including each member’s 50 percent interest in the firm’s profits and losses. During the law firm’s existence, each partner handled his own caseload. But they did not take equal draws from the firm’s income. The trial court found each party withdrew funds “in an atmosphere of no real control.” “[T]here were no . . . specific amounts indicated relative to partnership compensation and/or agreements whatsoever in this area and that it was somewhat of an idiosyncratic activity, with each partner taking funds as needed for personal reasons . . . year to year.” From time to time, plaintiff and defendant discussed the disparity in their draws. Plaintiff testified that after defendant took several draws in January 2006 without his knowledge or consent, he decided to withdraw from the partnership. On February 1,…