91视频

Bob McGaughey has seen his share of bad breakups over the years.

It doesn鈥檛 matter that the disputes the Portland attorney deals with usually are between firm shareholders and business partners. Those breakups can be just as emotional and messy as marital disputes, and they sometimes dredge up decades鈥� worth of resentment, especially when sides are taken within a family.

And McGaughey says he sometimes finds himself filling two roles 鈥� as a lawyer and a counselor 鈥� for his clients.

91视频: What are the most common disputes you encounter in your practice?

Bob McGaughey: Oftentimes, a second or third generation has inherited a family-run business and resentments come to the fore. It鈥檚 like that old Smothers Brothers鈥� act 鈥� 鈥榃ell, Mom always liked you better.鈥� There are some stresses rooted in upbringing. Other times the disputes arise when some members of the family work in the business and others don鈥檛.

We have a lot more strangers going into business together these days. First-generation family businesses tend to work out better than second-generation, and both of those often do better than working with a stranger. With the family-run businesses, they鈥檝e had longer to get to know their partners.

91视频: How has the practice area changed over the years?

McGaughey: The law has changed in the last 10 years so that people can now have, in effect, a no-fault divorce. In the past you had to have a cause to break up a business, like breach of fiduciary duty. Now one party can just elect to buy the other out. That makes things go a lot quicker and litigation is never pleasant for people, but there鈥檚 not a lot of name-calling going on.

91视频: It sounds like you do some emotional counseling along with serving as legal counsel.

McGaughey: It is very much like a divorce and there is a lot of emotion involved. People will come in and they really don鈥檛 like the other person, and money is going to have to change hands to buy them out. I tell people, 鈥榊ou can shell out money for me to say horrible things about this person, but 20 Christmases from now wouldn鈥檛 you rather give that money to your brother instead of having given it to me?鈥� Family is family, and people need to take a longer view of it.