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Business and Civil Litigation
At times most small business owners find today's regulatory and business environment frustrating. We have successfully defended cases for clients running a liquor store or convenience store regarding cigarette and alcohol sales. Almost everything a business does is governed by some law. Businesses need legal advice, even though they are not being sued or cited by ABC, when:
Signing a lease. In locating the business at a new place, you may have signed a standard 20-page lease your new landlords attorney prepared. A lease is a binding contract that commits you to making rental payments and fulfilling other obligations over a fixed period of time, whether or not you continue to occupy the premises. Like all contracts, the terms are negotiable. An attorney can alert you to provisions that are unusual, obligations you might not be aware of, and risks you may not want to assume. An attorney can also negotiate terms that better protect your interests. The lease the landlord gave you was written by his attorney and is generally very one-sided and landlords will modify some provisions. You need to know what you're getting into before you sign.
Protecting your personal assets. Operating a business poses liability risks for your non-business personal assets. Most obvious risks can be covered by insurance, but some risks are uninsurable or are under-insured. These include automobile accidents where the injury is so serious as to exceed your insurance policy limits, or a sexual harassment lawsuit arising out of the conduct of one of your employees. There are legal ways to protect your personal assets, but to successfully do so requires advance planning with an attorney.
Collections. When someone owes you money, a letter from an attorney gets the attention your letters don't. If we necessary, we will bring an action in court against your debtor. Sometimes business clients are sued and we help them settle disputed debts with their creditors.
Buying or Selling a Business. After purchasing or selling a home, buying or selling a business is usually the biggest transaction people ever engage in, often without a broker or an attorney. Whether you're the buyer or the seller, you are always in a better position if your attorney prepares the contract or reviews it before you sign. Your attorney will represent you and advise what is in your best interests in the transaction because we represent you, not the other side.
Hiring employees. When a family business decides to hire employees, numerous legal requirements must be followed. Consult with an attorney first. You cannot avoid these laws by simply calling your employees independent contractors. There are very strict legal requirements defining who is and who is not an independent contractor. If the circumstances lend themselves to an independent contractor relationship, we can prepare the necessary documents.
These were some areas in which we assist small business clients. Once you hire us to handle a legal matter, you will as an ongoing client be able to consult by telephone about any legal problems that come up. Clients find having their attorney available reassuring and can then focus on running their businesses.
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