Posts Tagged ‘hire a business lawyer’

Should you Hire a Business Lawyer?

January 26th, 2010

By Mark Schecter | No Comments »

If you are serious about growing, sustaining and protecting your company, it may be a good idea to consider hiring a business lawyer so you can do business in a more effective and less risky manner.  Without a valid contract, the parties are left disputing verbal agreements and unknown intentions.

Whether your company is involved in the exchange of goods or is service-based, it is built on relationships, agreements and contracts you’ve entered into with others. In some cases, the growth and sustainability of a company is contingent on the terms and validity of said agreements.

Benefits of Hiring a Business Lawyer

When you do business with valid contracts, you reduce the likelihood of having to engage in nasty legal disputes. The less your company spends on initiating or defending contracts, the more you will save on your legal expenses.

Business lawyers are equipped with the legal knowledge and expertise that is required to review, interpret and enforce an existing contract, or create a legally binding agreement that clearly expresses the intent of all parties.

On a daily basis, your business lawyer can handle much more than business contracts. He/she can also make sure your company remains in compliance with the law, and provide other legal services that are essential to the operation of your business.

3 Factors to Consider before you Hire a Business Lawyer

An effective business lawyer can provide legal support throughout all phases of your business; from the initial start-up phase to the resolution of litigation matters. Here are a couple of factors to consider when choosing a lawyer:

1.    Length and Type of Experience

Before you hire a lawyer, there are a couple of steps you should take. First, you should evaluate the lawyer’s experience. Inquire about the length of time they have been practicing law, and also determine if they have experience practicing business law. Have they represented companies similar to yours? Do they provide the legal services you need?

If you are in an industry where legal disputes and lawsuits are common, you may want to consider hiring a tenacious lawyer that specializes in litigation. If you are in the beginning stages of your business, you may benefit from the help of a business start-up and organization lawyer.

2.    Communication Skills

The most effective lawyers are great communicators. And in many instances, you can assess a lawyer’s communication skills from the initial point of contact, before you retain their services. While you’re in search of a business lawyer, it is important that you observe his/her behavior during the pre and post consultation stages. Does the lawyer return your telephone calls and respond to your emails in a timely manner? Did he/she follow up with you after the consultation?

3.    State Bar Association and Peer Reviews

Every state has a local bar association that monitors the lawyers practicing law within the state.
You can contact the bar to inquire about complaints and disciplinary actions involving the lawyer.

It is also a good idea to review what peers are saying about him/her before you decide to retain their services. There are websites like Martindale-Hubbell and Lawyers.com that provide peer review ratings for lawyers throughout the US. Take a moment to review what others are saying before you decide which lawyer is the best fit for your business.

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Posted in business | No Comments »

Five Essential Tasks an Effective Business Lawyer Can Handle

October 22nd, 2009

By Mark Schecter | 1 Comment »

Despite the differences between large and small businesses, they are similar in many ways. One thing most successful businesses and corporations, regardless of size, have in common is an effective business lawyer on retainer to protect and represent them at every stage of business.

Hiring a business lawyer is not mandatory for any corporation, but it is clearly the safer manner in which to conduct business. If you do not have a business lawyer on retainer, you are not alone but you are taking a huge risk that you probably can’t afford to take.

Although the benefits of hiring a business lawyer may not seem evident at first glance, but there are several you should take under consideration. Most entrepreneurs do not forego retaining a lawyer because they want to risk their businesses. They often do not fully understand what lawyers do and exactly how they can contribute to the success of new and existing businesses.

If you’re one of those entrepreneurs mentioned above, here are five (5) essential tasks an effective business lawyer can handle for your company:

1.    Business Organization
From the moment you decide to start a company, the real work begins. The way you decide to establish and organize your company in the initial stages can determine how secure and protected, if at all, your business is at the end of the day.

Not only can a business lawyer help you decide whether a partnership, sole proprietorship, corporation or limited liability company is suitable for your new endeavor, he/she can prepare and file the documents necessary to perfect your business registration with the state of Florida.

2.    Contract Negotiation and Preparation
Most important business deals are sealed with a contract, and the strength of any contract is contingent on the negotiations process. Because of this, having a tenacious and experienced business lawyer to negotiate contract terms that express and protect your business’ best interests is a safe and smart decision to make.

An experienced business lawyer can draft ironclad business contracts that represent the parties’ obligations, compensation, penalties, and other pertinent terms and provisions, and protect you if or when a breach of contract occurs.

3.    Commercial Property Lease Negotiation
When it comes to doing business with the public, the location of your business is an important factor to its success. Whether you’re looking to lease office space or a retail store in a high-end neighborhood, your lawyer can help you locate a property, negotiate the lease terms, and prepare a lease agreement that unambiguously expresses the terms of the agreement between you (the tenant) and the landlord.

4.    Purchase an Existing Business
Entrepreneurs come in many shapes, sizes and forms, and for various reasons they decide to be their own boss. With that said, not every aspiring business owner wishes to build a company from scratch. Some budding entrepreneurs would rather purchase an existing, thriving business. If this is your preference, a business lawyer can help you navigate the entire business acquisition process with ease. He/she can help you find a viable business to purchase, negotiate the purchase terms, prepare the Purchase Agreement and any other pertinent documents to complete the acquisition.

5.    Protect your Intellectual Property
As you develop your company’s identity, it is imperative that you take measures to protect it as well. This protection is even more critical for individuals that offer design-based services utilizing their creativity. A business lawyer can register your company name, logo, symbol and tag line for copyright and trademark protection to prevent anyone from borrowing your creativity and company identity.

Starting a business can be a very exciting or stressful situation, depending on your knowledge of how the process works; how your business should be set-up, organized, and managed. When you hire a business lawyer you’ll have help preparing your business plan, organizing and setting up your company, preparing valid and enforceable contracts, negotiating commercial lease terms and agreements, as well as on-demand legal support and document review services to handle any issues that may arise. If you are in search of an experienced, tenacious and effective business lawyer in the Fort Lauderdale, South Florida area, contact the business lawyers of Schecter Law today.

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Posted in Existing Business Acquisition, business, contract law | 1 Comment »

Four Reasons Every Corporation Needs a Business Lawyer

September 21st, 2009

By Mark Schecter | 1 Comment »

business-lawyer-FloridaEvery corporation, despite its nature, size or location, can benefit from having an effective lawyer that specializes in business affairs on retainer. An experienced business lawyer can provide legal assistance at every stage of your business, from the conception and organization phase, to advising you of potential issues of liability, and defending you from frivolous claims and lawsuits that could threaten your corporation’s success.

If you do not have a business lawyer on retainer, you are not alone. Most business owners do not consider hiring a lawyer until they are faced with a specific legal problem or after they’ve been sued by another party.

An experienced and knowledgeable business lawyer can play an integral role in your corporation’s success. Here are four good reasons every corporation needs a business lawyer:

1. To assist with the start-up and organization of the corporation…

One of the best times to enlist the services of a lawyer is at or before the start-up of your business. A lawyer can help you evaluate the viability of your business idea before you invest any capital. He/she can also help you choose the best structure for your company, whether a limited liability company or corporation, and help you identify any potential liability or other legal issues you may face.

2. To keep your corporation in compliance with applicable local and federal laws…

There are laws that govern practically any and every action your corporation wishes to carry out. However, because most entrepreneurs that decide to start a corporation does so with little or no legal expertise, many corporations fail to comply with laws that are applicable to them and as a result, they face fines, lawsuits and other legal actions. A business lawyer can make sure you’re aware of the laws and regulations that are relevant to your corporation, and prevent you from taking action that will jeopardize your corporation’s success.

3. To properly advise and structure partnership agreements…

As with most business partnerships, there will be times when all parties will not agree on the operations of the business, management decisions, employees, or salaries. If you are considering starting a business with another person or entity, or entering into some type of partnership, protecting your interests should be one of your top priorities. With the help of a business lawyer, you can have a partnership agreement drafted that will layout and define each partner’s expectations. By clearly defining the roles, responsibilities and expectations of each partner, you can limit the presence of disagreements and potential conflicts.

4. To prepare ironclad business contracts…business-contract-md

An essential component of any business relationship is a written, legally-binding contract. In Florida, there are three components that must be present in a valid Florida contract. If your contract lacks any one of the three components, it may not be considered valid and enforceable. Thus, the terms of the agreement that were in place to protect you and your company, can be considered null and void, denying you the very protection you sought during preparation of the contract. A business contracts lawyer can protect you from this potential pitfall by preparing an ironclad business contract that outlines the terms of the contract and possesses each of the three elements required in the state of Florida.

As with any business endeavor, it is imperative that you put forth every effort to protect your business and non-business related interests. Waiting to hire a business lawyer can be dangerous for you and your corporation. In the event a problem arises, you can better benefit from the assistance of a lawyer that you have an existing relationship with; a lawyer that thoroughly understands the ins and outs of your corporation.

Why risk your Florida corporation’s success by foregoing a business lawyer? By hiring a Florida lawyer that specializes in business law, you are one step closer to building the successful empire you’ve dreamt of. While you focus on what you do best, your business lawyer can focus on helping you protect, defend and build your corporation.

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Posted in business, contract law | 1 Comment »