Marshall Lehman

About Marshall Lehman

Fortunately, I have practiced law in Arizona for more than 50 years.

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Education

• Law School: U of Arizona

Common questions about Business Law in Arizona

Answered by Arizona Attorney Search Network

Do I need a lawyer to start a small business in Arizona?

For the simplest entity formation (single-member LLC, no investors, no real estate, no employees), you can file with the Arizona Corporation Commission yourself. For anything with multiple founders, outside investors, intellectual property, real estate, employees, or industry-specific licensing, an attorney's review of structure, operating agreement, and contracts pays for itself many times over by avoiding costly disputes later.

Can I sue a former business partner in Arizona?

Yes. Disputes between business partners or LLC members commonly involve breach of fiduciary duty, breach of operating agreement or partnership agreement, accounting actions, dissolution, and derivative claims. ARS § 29-3110 (LLC fiduciary duties) and ARS Title 29, Chapter 5 (partnership) provide the substantive framework. Most business-divorce cases settle through buy-out negotiations; litigation can be expensive due to discovery into business records.

What is an operating agreement?

An operating agreement is the LLC's internal governance document, addressing membership interests, capital contributions, profit/loss allocation, voting rights, manager authority, and exit terms. Arizona law (ARS § 29-3105) recognizes operating agreements as the primary source of LLC governance, with ARS Title 29 supplying default rules where the agreement is silent. Single-member LLCs benefit from operating agreements too, especially for clarifying corporate veil.

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