One of the main advantages that corporations have is that the owners enjoy limited liability protection and are typically not personally responsible for business debts. This means that creditors can't pursue your home or car to pay business debts.
How I as an Attorney Can Help Your Business: Setting up the right corporate form is important. For many small business owners, using a lawyer is often similar to calling a fireman or plumber: one does it only when there's a problem. Try to avoid this scenario and maintain your personal limited liability by using an attorney up front, for important company decisions, risk assessment, contract drafting and review.
Corporate Formations: LLC, Inc., PC, LLP's
Non Profits - Formation of 501(c)(3)
Company & Employee Handbooks
Annual Reporting
Intellectual Property
Contract Drafting & Reviews, Employment Agreements
Corporate Governance
Exit Strategies - Selling, Merging, Dissolution's
Often, for new businesses start-ups, immediate needs such as marketing, sales, staffing and just getting the business off the ground can easily take priority over legal issues, particularly ones that don't seem to be of concern. I operate under two theories, “Things Change” and “It’s not a problem until it’s a problem.” A smart business plan also includes a strategy to minimize risks and unnecessary problems. This can easily be accomplished by using an experienced cost-effective Attorney. Below are other simple recommended DO’s and DON’T’s to consider when starting up a business.
THE DOs:
DO prepare a detailed written business plan.
DO discuss with your attorney the advantages and disadvantages of the various forms of business entities.
DO disclose to your attorney about your proposed business venture and past business experiences, both positive and negative.
DO discuss with your attorney the "Corporate Formalities or Corp. Governance" you must adhere to in order to preserve the limited liability protection afforded to you by incorporating your business (aka, Corporate Veil Protection).
DO discuss with your attorney the need for a detailed written buy-sell agreement with your business partners and other pertinent contracts.
DO discuss with your attorney the need for a written employee handbook and written employment agreements containing confidentiality and non-compete obligations if necessary.
DO buy Professional Personal Liability Insurance.
DO talk to a tax professional and budget for taxes.
DO set aside a small percentage of your annual sales income for potential insurance and legal matters.
THE DON'Ts
DON'T make expensive office space and furnishings a high priority unless you are in an "image" business.
DON'T print your stationery, business cards, and promotional materials until you have had a trademark attorney conduct a search of existing state and federal trademarks and pending trademark applications.
DON'T spend money required to be set aside for employee and other withholding taxes.
DON'T sign company contracts in your individual capacity. Rather, have your attorney review them first and then only sign them on behalf of the company as an officer, not an individual.
DON'T pass up opportunities for free publicity.
DON'T try to do everything yourself. Setting up a business is complicated, and a business law attorney can assist you in making and implementing the right decisions.
Contracts
Contract Drafting & Management: My services are designed not only to protect your interests but provide a legal resource without having the expense of having full time in-house attorney.
Drafting: Whether personal or business, contract disputes often arise from simple cases of miscommunication. The original contract may have used ambiguous language or perhaps it allowed for both sides to hold viable, yet conflicting views of the project. By formulating comprehensive contracts and templates that protects your rights, you can avoid potential future disputes. I can help with your contract formations.
When it comes to small business law (close corporations) and personal protection, I assist my clients to negotiate and draft comprehensive contracts, with the goal of avoiding future issues. However, disputes can arise from any contract, no matter how much protection it provides. In these cases, I am ready to pursue all possible avenues to secure the rights of my clients. Remember, “Things change and it is not a problem until it is a problem."
Contracts Tailored to Your Needs. Since every project is different, they can't all be made up from the same stock cut and paste contract clauses. I will help you develop contracts tailored to your specific business or personal needs. My goal is to help you tailor and draft a successful contract that covers all your needs, but is simple, straight forward and not too unwieldy that it becomes ineffective.
Contract Review, Admin. & Management: I can help you Protect your rights, obligations and duties and key contract milestones and expiration by providing the following services;
Review and summarize contracts
Provide gap and risk audit
Assess business requirements for contract data tracking
Gather and codify all existing contracts
Scan and load contracts into central contract repository
Contract claims and dispute management
Management reporting services
Risk and compliance management
Contract alerts and notification services
Obligation management
Termination notices and transition services