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A hallmark of a partnership is the sharing of “any profits, income, expenses, joint business property or hav[ing] authority of any kind over each other.” Wilder v. But in another opinion issued at the same time in the same case, the Court granted the motion for summary judgment of another Defendant (Allen) on the same grounds, finding that there was no genuine material issue of fact as to Allen's lack of association with the claimed joint venture.

Rather, intent to create a joint venture can be inferred by the conduct of the parties and the surrounding circumstances. The existence of a joint venture “may be based upon a rational consideration of the acts and declarations of the parties, warranting the inference that the parties understood that they were [co-adventurers] and acted as such.” Davis v. “Facts showing the joining of funds, property, or labor, in a common purpose . There does not appear to be any North Carolina ethics opinions or rules that expressly prohibit it.Using such a provision, however, seems to force commercialism into the arrangement and ignores the heart of the attorney-client relationship — a relationship based on duty and trust.

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