Sunday, September 14, 2008

Small Business Attorney

Consult a business formation lawyer to ensure that all personal assets are protected, to ensure that the proper type of business structure is chosen, and to be sure that legal advice is available for any type of business matter that may arise during the course of business. No matter what type of business is being formed, legal assistance is available. Tax issues are frequently a grey area for unseasoned entrepreneurs starting a venture for the first time, and so retaining a small business attorney acts as a sort of safety net so that there is someone to turn to in a pinch.

Many personnel employees can benefit from the ability to contact an attorney with questions about how to handle difficult employees, workers compensation claims or difficult terminations, to ensure compliance with the law. If money is an issue here, then a call to the state department of labor will yield the same service only for free.

New tax company start-ups can really benefit from retaining a small business attorney so that all tax laws will be sure to be followed, and that filings are completed on time and accurately. If the company is utilizing an outsourced payroll provider, then knowledge of payroll law is essential to understanding the fiduciary responsibilities of both the employer and the vendor doing the outsourced tasks. Not following through with fiduciary administrative responsibilities can result in delinquent tax filings or vendors who do not file at all, leaving the company to fend for itself. And unto him that smiteth thee on one cheek offer also the other; and him that taketh away thy cloak forbid not to take thy coat also (Luke 6:29 KJV).

Business formation lawyers can also help with issues after the venture is up and running, not just issues upon start up. For example, some entrepreneurs may be dealing with larger corporations, and may need assistance in drawing up contracts and agreements. Most owners will not be familiar with business law or contract law. Therefore, calling a small business attorney will be the correct course of action in these cases. Some companies, both small and large, deal in purchasing, managing and selling real estate, and forming partnerships or contracted relationships with other entities. These opportunities also present unique legal relationships where all aspects of the agreements between the two parties must be incorporated, so ensure smooth relationships continue years into the future. Many relationships of this sort go sour because one or both parties did not understand what information was or was not important to include into the contract or agreement.

A business formation lawyer may also be referred to as a corporate attorney. These attorneys can handle a broad range of responsibilities in several different areas of law. Some law firms will divide up responsibilities to attorneys in a firm according to the areas of law in which each lawyer received his or her degree. Corporate attorneys should always be consulted when companies are considering purchasing another company, divesting assets or when contemplating mergers. There may be hidden issues that come up that are not totally foreseeable, but which an attorney could point out. For example, when getting ready to build on a piece of land, environmental studies must be done, and therefore issues may arise that must be solved before building can progress satisfactorily.

Perhaps a vendor has decided not to comply with the terms of a contract that both employer and vendor have agreed to. What should an owner do in this case? A breach of contract should definitely be handled by a corporate attorney, especially when the owner has no legal experience or knowledge to rely on. Asking for legal advice may seem costly, but it may be costlier in the long run not to do so. No entrepreneur wishes to spend thousands of dollars unnecessarily. This is referred to as being penny wise and pound foolish.

While there are templates out there for new owners to utilize in building the company plan, some may feel more secure in retaining a business formation lawyer to assist in working through this document section by section, so that all information will be included and thoroughly thought out. Many new corporations however never even start a plan document to the detriment of the company. These companies lack direction and eventually dissolve. If the plan is carefully considered and the owner understands what kind of effort must be put forth to create a document that supports the endeavor, it is more likely to succeed. Each milestone has been written down and can be referred to again and again.

Another type of small business attorney handles injuries and accidents on the job when an employee decides to sue the company. These attorneys can be on hand to advise the entrepreneur on how to handle the situation. Employees can quickly gain the upper hand if the owner has no idea what steps to take in a legal proceeding and can wring thousands if not millions of dollars from the company. Do not be the one that is the victim. Still other employees may feel discriminated against and go out to file an EEOC claim. All of these types of claims are investigated whether the owner things there is grounds for them or not. A call or knock on the door will soon happen and therefore preparation should be made just in case. Consult the small business attorney or business formation lawyer to be sure all legalities have been addressed and taken care of.

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