Business Law

Even the best-laid plans can be waylaid and unfortunately, the odds are good that a business will have to contend with a legal dispute at some point in its existence. For most of my clients, when this happens, the first priority is addressing the problem and getting back to making money. It is just as important for a business to timely respond to legal action as it is for an individual and for more information on that issue please visit my Civil Litigation page. However, a small amount of preventive action can help the small-business owner avoid problems in the first place or at least reduce the ill-effects when an issue does come. Many times, these measures involve crafting contracts properly. It is tempting to use 'boiler-plate' information from the internet but it is quite common for such "DIY" agreements to be a major contributing factor in the legal problems arising in the first place. Simple things like making sure you have properly described the venue that any legal action will take place in or who will pay for legal fees in the event of a dispute can go a long way towards making a lawsuit less likely or more manageable financially. Other issues that arise in business include making sure that the money-handling procedures are follow the best-practices and to always "trust but verify" any employee, agent or contractor that receives payments on behalf of the business.

Other critical areas to consider involves partnership agreements. While a 'bare-bones' agreement may seem sufficient in the beginning, an agreement that doesn't address critical issues such as capital contributions, dissolution and who approves use of corporate funds is almost useless. Starting a corporation out correctly or, revamping the corporation when times are 'calm' is one of the best forms of preventive maintenance that a business can take.