Client plans to sue my former photography partner

[fontanka]

Hello everybody,

Thought I'd ask you before taking it to lawyer.
I guess I'll just try to put everything in plain facts:

Me and my (at the moment) photographer-partner did a wedding around 1.5 years ago.
At some point we shot different parts of the wedding: separately Bride and Groom getting ready + he did all Formal family shots.

It took 9-10 months for Bride to finally make her Proofs selection: best images to post process and then burn CD for the Client.

I returned my part of the images (60-65%) shortly after I got her selection and she was happy with the results. (She later hired me for her Pregnancy session 11 months after the wedding after she got my wedding images, of course).

My partner on the other hand (with whom we separated at that time as I started my own business and he went with his own) never gave her the images. They had their last email communication 8 months ago (around the time I had my pregnancy session with her) and when asked by me: if everything is working out with my partner regarding the images, she said: we are in talks. She didn't seem to be worried.

Now, 7 months later Im getting a phone call form the client saying that she is taking my former partner to court and would like to subpoena me as a witness.

I am happy to help her out, but the problem is:
Both me and my partner at the time are mentioned as a "Photographer" in our Contract, but then I foolishly put just my signature on the contract. There is no his signature on the contract and I believe I am the only one responsible for the fulfillment of this contract. So basically my partner will not be affected in any way by this court thing.

Unfortunately I do believe he lost the images, otherwise I do not see why would he keep them from the Client.
I don't have any communication with former partner and he is not responsive to her emails for the last 8 months. (God knows, why she didnt tell me about all this mess earlier). They spoke on the phone briefly sometime in the past 8 month period and he reassured her that everything is under control. Then he disappeared. I do know he is well and functioning (social network).

The court will be in maryland, usa.

I would greatly appreciate your advise on:
Am I the only one responsible in this case? Should I consider hiring a lawyer?

I have only great feedback from this client, but i guess it will not matter in Court regarding this particular case (my partner's images are missing).
Also, I offered her to pay for damages and not take it to the court as if images are lost indeed: she will not get them through court.
I understand this is the worst possible situation and I learned my lesson never have any business partner again and did quite a few changes to the contract, but unfortunately I can't redo the past.

[turbo212003]

You should be contacting a lawyer, not asking advice in an internet forum.

[fontanka]

I can do both, right: more info the better. I'd prefer to get other people's experience, if any and hire lawyer in a week as time permits.

[kayl]

Is your partner's name typed anywhere in the contract?

[fontanka]

Yes: our both names are mentioned, that we both will perform photography services and hereinafter called "Photographer" in this contract. Then on the last page it is sole my signature next to "Photographer".

Also client has emails, from him, where you can see, that he is aware of his part of the job.

[stax]

Generally speaking, contracts for services that can be performed within a year typically do not need to be in writing. It is always a good idea, but not legally required. Thus, the fact that your former partner's signature is not on the contract does not automatically defeat the client's claim against him.

In the absence of a written contract, the client could still claim that your former partner breached a valid oral contract or, possibly, a quasi-contract. A quasi-contract is, in a nutshell, a contract that should have been formed, but was not. Quasi-contracts are recognized under the law to create an obligation on a non-contracting party in order to avoid an injustice.

Of course, since your signature is on the contract, you could be liable, depending on the contract's terms.

If the client does sue you, however, you would have a claim against your former partner that could be resolved in the same action (i.e., a cross-claim).


Also, email exchanges between parties can form a contract, depending on what is said.

In any case, you should get an attorney, but I would wait to see if the client actually tries to come after you.

[images by Paul]

her law suit is with the "Company" that shot her wedding. The people that owned and operated the company are the responsible parties. When your partner and you split, assuming it was your company, why did you let him leave with the original images. Don't you have a copy?
The contract is what you should be looking at to see who shot her wedding. That's where the responsibility lies.

[Cosha]

Strange,

The comapny still continues in the same name?

You seem to have a good communication with the Client, and as i understand it, has issues witth the other partner not you?

I would look over your original contract, if it states you will have xxx pictures, and half of them are missing, then yes i see why she would like the rest of them!

I would join forces with your Client, and sue your former partner too for damages to your business for tarnishing your name and acting like a jackass!

I hate the way people front all day, and are nice and genuine, but underneath there total ~~~~ :D

[DarthSparky]

You need to get a lawyer asp.

[jonwhite]

Why the heck aren't you just driving round to your ex partners place and sorting it out with him, even if it means getting the proof images off him and PP'ing them yourself ? ...... going to court isn't likely to end well for either of you with the business setup that you had at the time....... I just dont understand how people can be so keen to take this sort of small dispute to court, the only people that win are the lawyers collecting the fat fee's.

If you were in business together the very least I would expect is that you kept a copy of each others images from all shoots you undertook together.

From the situation you have described its easy to see how you would both get nailed in court so if your ex partners not handling this then you need to for your own sake.

[OregonRebel]

Has she been able to have him served? If he's vanished, she might come after you instead (something similar happened to me once).

[Karl Johnston]

I can do both, right: more info the better. I'd prefer to get other people's experience, if any and hire lawyer in a week as time permits.
Ridiculous, go get yourself a lawyer.

[turbo212003]

Ridiculous, go get yourself a lawyer.


My thought's exactly. People's experiences aren't going to help when you're getting sued.

[fontanka]

She doesn't know his address, nor do i. This is when i assume i will be the one in full responsibility. Even, if contract somehow makes him responsible as well. As i understand, basically when he is unreachable, then he can't be brought to court.

Regarding lawyer: i will end up getting one: i wrote this post yesterday in the middle of the night: used that time to get any info, I will get him after shopping for one as i have to figure out what to look for in layer.

Also: i offered her money (as well as to my former partner - in case he is just fooling around and has the imeages siting on his hd). I offered him to pay him again in order to receive images "as is". Btw: he got paid for the job in full.

Before i get into lawyer money making mashine I want to try to make it clear to my client: she will never get the images from me, so by suing me she will only waist our time and money and i would rather pay her all this money, than to my lawyer. If she is really this not smart not to understamd this simple thing, then I will fight and make sure i'll pay minimum to her.

As for why i never got the copies from the images on my computer: my former partner was my best friend for years: i trusted him as i trust myself. Huge mistake on my side never to repeat again.

I cant go to his plave and just get the images (as somebody suggested here): even if i knew the address: he uses abusive language talking to me once in a blue moon, he will make sure to act same way, when he see me.

K, thank a lot. I guess there is nothing much to discuss anymore.

:).

[fontanka]

Strange,

The comapny still continues in the same name?

You seem to have a good communication with the Client, and as i understand it, has issues witth the other partner not you?

I would look over your original contract, if it states you will have xxx pictures, and half of them are missing, then yes i see why she would like the rest of them!


I would join forces with your Client, and sue your former partner too for damages to your business for tarnishing your name and acting like a jackass!

I hate the way people front all day, and are nice and genuine, but underneath there total ~~~~ :D
1. No, we both have dif names now
2. Yes, so far we are in a good relationship/communication with the client.
3. on a contract we had 700 total final images from both of us: she choose 553 of my images - she got them.
4. to be honest: i dont want to see my former partner: it will be hard to hold down everything i'd like to tell him (its easier to do on paper)

thanks! :)

[fontanka]

It looks like we will work out the situation: my former partner just reached me out and explained what is going on: HD problem, but pics are most likely restorable.
I'm so happy :)

Thank you, everybody! :)