Posts Tagged ‘business lawyer’

3 Ways a Lawyer Can Help your Business

August 6th, 2010

By Mark Schecter | 1 Comment »

business-lawyerSuccessful businesses are similar in at least one way.

They have access to good legal advice, and some  have an experienced lawyer on retainer to represent them during various stages of business.

If you do not have access to a lawyer, you are engaging in risky business.

To help you fully understand how a lawyer can help, lets discuss 3 ways he/she can contribute to your business:

1.    Business Identity

As you develop your business identity, it is imperative that you take measures to protect it as well. A business lawyer can register your company name, logo, symbol and tag line for copyright and trademark protection, which can prevent another company from stealing your business identity. He can also take steps to protect your business trade secrets.

2.    Negotiate and Prepare Contracts

The best business deals are sealed with contracts, and the strength of any contract is based on the negotiations process. A tenacious business lawyer is a valuable resource for negotiating terms and drafting ironclad contracts that express the obligations of all parties, compensation, penalties, and other terms and provisions.

3.    Business Acquisitions

Have you thought about purchasing an existing business? A business lawyer can help you at every state of the acquisition process. He can assist in the search for a viable business, negotiate the purchase terms, and take other actions necessary to complete the business acquisition.

To hire an experienced and tenacious business lawyer in the Fort Lauderdale area, contact our firm today.

Essential Skills to Look for in a Florida Business Lawyer

April 1st, 2010

By Mark Schecter | No Comments »

A Florida business lawyer can protect your business, and represent you from the initial start-up phase through legal disputes and conflicts.

But, how do you find and hire the right business lawyer for your company? Here are essential skills you should look for in a Florida business lawyer:

Good Communication Skills

When you are looking for a business lawyer, it is imperative that you observe the lawyer’s behavior before, during, and after the consultation period.

  1. Des the lawyer return telephone calls and emails timely?
  2. Does he or she communicate clearly and effectively?
  3. Did you receive a follow up call or letter after the consultation?

The most effective business lawyers are great communicators. If you’re observant, you can assess a lawyer’s communication skills before you retain his/her services.

The “Right” Experience

Before you hire a lawyer for your business, you should evaluate the nature and extent of his or her experience.

  1. How long has the lawyer practiced business law in Florida?
  2. Does the lawyer have knowledge of the legal services you need?
  3. Has the lawyer provided legal support to other businesses similar to yours?

Hire a lawyer that has the business law experience you need. For example, if your business is in an industry where legal disputes and lawsuits are common, you should hire a lawyer that specializes in business litigation to protect your company.

If you are a Florida business in search of a lawyer in and around the Fort Lauderdale area, contact our business lawyers to discuss your company’s needs.

When to Hire a Lawyer for your Small Business?

March 17th, 2010

By Mark Schecter | 2 Comments »

A business lawyer can play an integral role in your success as a small business, providing legal services at every stage. However, many business owners do not hire a lawyer until they have been sued by another party or are facing other legal issues.

Deciding to wait until a problem occurs to hire a lawyer can be dangerous for your business. If a problem arises, you can benefit from the assistance of a lawyer that understands the nature and history of your business. Someone you have an existing relationship with.

Lawyers provide legal support at various stages of small business, including:

Business Organization Services for Start Ups

Every business owner, even the most successful, had to start somewhere. If you’re in the organization stage of starting a business, now is a good time to get the help of a business lawyer.

Before you make any large investments, he/she can help you:

  • Research and compare business ventures
  • Evaluate the viability of your business idea
  • Identify potential liability and legal issues you may encounter
  • Choose and set up the best legal structure for your company – LLC, Inc, etc

Partnerships Agreements and Negotiations

If you are considering starting a business with another person or entering into a partnership, your top priority is likely to protect your interests.

There will be times when the parties cannot agree on the operation or direction of the business, management decisions, employees or salaries. The same is true for many partnerships that come to an end.

By clearly defining the roles, responsibilities and expectations of each partner, you can limit future disagreements and conflicts. Your business lawyer can negotiate the partnership terms on your behalf; and prepare a contract that defines all expectations.

Prepare Valid, Enforceable Business Contracts

The foundation of any business deal or relationship is a valid contract that unambiguously expresses the parties’ intentions.

In Florida, there are 3 components that every contract must have. If a contract lacks 1 of the 3 components, it can be deemed invalid and unenforceable. If that happens, the terms of the agreement that are in place to protect your business, can be null and void, denying you the right to enforce them.

You do not have to risk doing business without a valid, enforceable contract in place. A Florida contract lawyer can negotiate the terms and prepare an ironclad business contract that expresses each of the 3 required elements.

When you hire a lawyer that specializes in business, you are one step closer to building a strong foundation for a successful company. While you focus on running the business, he/she can focus on keeping it protected.

Hire a Lawyer to Negotiate and Prepare Business Contracts

March 4th, 2010

By Mark Schecter | 2 Comments »

torn-contractWhen you enter into an agreement to exchange goods or services, it is always best to do business with a legally binding contract that unambiguously expresses the terms of the agreement.

Whether you are attempting to purchase commercial real estate or use the services of another business, you should rely on a valid contract that sets forth the intentions and obligations of all parties involved.

What is a Contract?

A contract is a legally binding agreement between two or more parties that’s enforceable by law. In order to be considered valid, every contract in Florida must have 3 essential elements, and they are:

  • An offer
  • Acceptance of an offer
  • Consideration / compensation

Without all 3 of these elements present, a contract is not considered “valid and enforceable.”

Why should you hire a lawyer to prepare and review a legal contract? Why can’t a simple handshake and a verbal agreement suffice?

An ironclad business contract represents the parties’ obligations, compensation, penalties, and other pertinent terms and provisions; and can protect your business interests if or when a breach of contract occurs. Thus, most “big” business deals are sealed with a contract.

The strength of any contract is contingent on the effectiveness of the negotiations process. Having a tenacious business lawyer to negotiate contract terms that express and protect your best interests is the safest way to do business.

Regardless of the nature of your business, doing business with an ironclad business contract can prove to be essential to your company’s success. Now may be a good time to re-evaluate the business contracts you’re relying on.

The business lawyers of Schecter Law specialize in business law and have decades of experience negotiating contract terms, drafting ironclad contracts for small and large businesses, as well as defending and enforcing contract terms.

Outsource to Contract Lawyer to Deal with Layoffs

February 11th, 2010

By Mark Schecter | No Comments »

If you follow the local and national news, you are aware of the US economy and rising unemployment rate. It’s difficult to ignore the dismal news as the topic is frequently covered in all areas of the media, from morning and afternoon talk shows, to radio and newspaper ads.

As a business owner, you constantly struggle with the thought of cutting back your costs and budget, and the possibility of having to lay off employees and add to the rising unemployment rate. But the fact remains, you are responsible for finding ways to keep your company viable while you deal with the current crisis. That means in many companies, layoffs are inevitable.

While you work hard to cut your budget and control your costs to deal with the business losses you’ve experienced, you may find you’re forced to downsize the number of employees in your company.

With that said, it’s not always simple to determine who will be laid off. While you may be able to fade out certain positions, you’ll find there are others you cannot afford to dissolve.

For instance, it may not be a good idea to completely fade out the legal services your in-house attorney provides to protect your company. In fact, it may be an absolute wrong decision as claims of wrongful termination and other employment disputes tend to increase when layoffs occur.

So, what can you do?

You can outsource to a local contract attorney many of the same legal services an in-house attorney offers. Does this mean you must completely dissolve your company’s legal department? No. But it does mean a contract lawyer can prevent you from having to hire more salaried in-house attorneys and support staff.

Although much of the news we hear focus on the loss of jobs once held by middle Americans, there are other industries that are often overlooked. The legal industry has been hard hit by the economy. It was already heavily saturated and very competitive, and the economy has only exacerbated that reality.

Now, instead of hiring more in-house salaried lawyers, many corporations hire contract attorneys to provide legal services they need. In many instances, a lawyer working on a contract basis has the same (and sometimes more) education and work experience as the typical in-house attorney.

Has your company considered outsourcing to fill in-house attorney positions following layoffs?

http://www.schecterlaw.com/litigationblog/legal-services-local-corporate-attorneys-offer

Florida Ranks in the Top 10 for Entrepreneurs

December 1st, 2009

By Mark Schecter | No Comments »

The Small Business & Entrepreneurship Council is known for its annual index that ranks the states across the United States on laws and policies that affect small business and entrepreneurs.

The 14th Annual Small Business Survival Index was recently released and revealed some great news for new, old and aspiring small business owners and entrepreneurs in Florida.

When compared to the other 50 states and D.C., Florida ranks 6th most friendly to entrepreneurs. Other states in the top 10 include South Dakota, Nevada, and Texas. The states that are ranked least friendly to entrepreneurs and small business include New York, New Jersey, California and D.C.

What does the Small Business Survival Index take into consideration?

The council considers a broad range of public policies that affect the way entrepreneurs do business, including property rights, health care costs, government spending, and all types of taxes – property, personal and corporate income, health insurance and unemployment taxes. The states are ranked according to how they measure up when compared to other US states on these public policy issues.

If you’re a small business, budding or seasoned entrepreneur in the Florida you may want to review our other posts:

Other resources you may be interested in:

Five Reasons You Should Invest in a Business Plan

October 31st, 2009

By Mark Schecter | No Comments »

lady-writing-smIn spite of the current economic crisis, Florida remains one of the most attractive places for both aspiring and seasoned entrepreneurs to start new businesses. But, before you begin investing capital in your new idea, and announcing your grand opening to your closest friends and family, take adequate time to thoroughly research and plan your new business venture. Write a business plan!

The desire to start a new business is admirable, but it will take much more than mere desire to build a successful company. According to the Small Business Administration (SBA), more than half of the businesses that are started end in failure, and most of those failures are due to lack of planning.

Proper planning is crucial when starting and building any new or existing business, and a business plan can make the difference between a thriving, successful business and short-lived, failed company. In case you’re still not convinced, consider these 5 reasons you should invest in a business plan for your new venture:

1.  Having a Plan is Less Stressful than Not
We can all agree that when you plan your path, navigating it is not as stressful as it could be. Your business plan helps you organize your thoughts in writing and in your mind. When your thoughts are organized, your path is clearer and you’re less likely to be burdened by a sense of overwhelm. Your stress level is reduced and you’re able to focus more on growing your new business and less on stressing about it.

2.  Assess your Strengths and Weaknesses
When you sit down and begin writing your business plan, you’ll have to consider every aspect of your business; from the finances you need to the skill sets you require. You’ll be able to determine where your strengths and weaknesses lie; what you bring to the table and where you’re lacking and may need more help.

3.  Build Partnerships
A good business plan will outline the overall mission and objectives of your company, and will specify the plans you have for starting and building your business. Also included in your plan are your thoughts – whether literal and idealistic – about the growth and potential of your company. All of this information can help make your business more attractive to potential partners, and help you determine if you’re both on the same page before entering into a partnership.

4.  Estimate Business Start-Up Costs
Most entrepreneurs underestimate what it will cost to start their new business, which can make getting through the first year tougher than it has to be. The best way to estimate your start-up costs is to consider every item, person, service, tool or resource you will need to successfully start and run your business during its first year. A good business plan can help you determine exactly what you need and how much it will cost to get your business through its first year.

5.  Make a Good Impression on Lenders and Investors
Funding is critical for any new or old business due to the often unpredictable startup and operating costs. Before an investor agrees to lend you capital, they will inquire about the viability of your new business venture and will want to know the plans you have for growth. A business plan for an entrepreneur can be just as important as a resume for a job seeker in that it shows potential lenders you are serious about the success of your new business venture.

If you were building your dream home you probably wouldn’t begin investing money on supplies until you had a blueprint that detailed your construction plans. The same should be true when you’re starting a new business. Although a solid business plan can be the blueprint for your business, many entrepreneurs totally disregard its importance. This disregard and lack of planning often leads to failed businesses. Before you make the same mistakes half of new business owners make, hire a business planning lawyer to prepare a formal business plan outlining the vision and plans of action you have for your new business venture.