Business Attorneys

As a business owner, your two most important assets are your lawyer and your accountant. They are there to spot issues before they happen and put a framework in place to protect you from them.  In this article, our business lawyer cover typical things a California business attorneys can do to help a small business owner with 1 to 20 employees.

How Our Business Attorneys Help Companies

Having a business lawyer is essential for a myriad of reasons, and their role goes beyond simply dealing with lawsuits. While it is true that having legal representation after being sued is about damage control, the proactive benefits of having a business lawyer far outweigh the reactive ones. Here are some reasons why every business should have a business lawyer:

• Legal Compliance: Business operations are subject to a multitude of laws and regulations, both at the federal and state levels. A business lawyer helps you navigate through these complex legal requirements to ensure that your company is operating in compliance, minimizing the risk of fines, penalties, or legal disputes.
• Employee or Independent Contractor Misclassification: A common issue for small business owners is classifying their workers and understanding the rights and responsibilities of each worker classification. A small business owner can help you to navigate the tricky legalities of unpaid versus paid interns and employees versus independent contractors. Consult your attorney early on to ensure this is done correctly.
• Defend a Company from Disgruntled Employee or Customer: Your small business lawyer can assist you with a disgruntled customer who is threatening litigation. They can tell you whether the threats should be a concern to you or not. They can also represent you to negotiate a settlement or convince the customer to drop the lawsuit altogether.
• Risk Management: A business lawyer can identify potential legal risks that your business might face and develop strategies to mitigate them. This could involve drafting contracts, agreements, and policies that protect your interests and minimize exposure to liability.
• Contract Drafting and Review: Contracts are the backbone of business relationships, whether with suppliers, clients, employees, or partners. A business lawyer can draft and review contracts to ensure that they are fair, clear, and protect your company’s rights and interests.
• Business Structure and Formation: When starting a business, choosing the right legal structure (such as LLC, corporation, partnership, etc.) has significant implications for liability, taxes, and operations. A business lawyer can guide you in making informed decisions based on your specific circumstances.
• Employment Law: Hiring, managing, and terminating employees involve a range of legal considerations. A business lawyer ensures that you’re following employment laws, helping you avoid costly disputes related to discrimination, wrongful termination, harassment, and more.
• Real Estate and Property Matters: If your business involves real estate transactions, leasing, or property acquisition, a lawyer can assist in negotiating terms, conducting due diligence, and ensuring proper documentation.
• Dispute Resolution: Even if you are not being sued, conflicts can arise in various aspects of business, such as contract disputes, partnership disagreements, or customer complaints. A business lawyer can help mediate or negotiate these issues to reach favorable resolutions.
• Regulatory Changes: Laws and regulations that affect businesses can change frequently. A business lawyer keeps you informed about these changes and assists in adapting your operations to remain compliant.
• Business Growth and Expansion: When your business grows, legal considerations become more complex. Whether you’re acquiring another company, expanding to new markets, or seeking funding, a business lawyer provides guidance to ensure these processes are executed smoothly.
• Litigation Preparation: While the goal is to avoid litigation, having a business lawyer in place means you’re prepared to respond effectively if legal action is taken against your company. This can save valuable time and resources in a high-stress situation.
• Business formation: Businesses can be structured in many ways; LLCs, partnerships, joint ventures, and C-corporations are all business entities with different benefits. A small business attorney can advise you which is best for your needs. Learn more: Member-Managed vs Manager-Managed LLCs
• Review and Drafting Business Contracts: A business will need to set up contracts with their vendors and employees. A good business lawyer will ensure your contracts are legally sound and protect you if an issue occurs. Contracts are important in protecting your business and ensuring everyone knows their rights and responsibilities. Your small business lawyer can help you draft and review contracts such as freelancer contracts, intellectual property agreements, and employment contracts.
• Business Dispute Litigation: If a lawsuit is brought against you, a small business lawyer will defend you in court and in front of government entities to protect your interests. Learn more: California Business Litigation Lawyer
• Business Debt collection: A small business lawyer will assist with customers who do not pay their bills. They will ensure your debt collection process is legally sound and represent you in court if customers need further persuasion.
• Drafting Business Partnership Agreement: A handshake and a scribbled agreement on a napkin doesn’t cut it in the business world. You need to make a formal agreement such as a Founders’ Agreement, Partnership Agreement, or Operating Agreement to ensure the rights of all parties are protected. These agreements will also clearly lay out each party’s responsibilities and share of expenses and revenue. It is also typical of these agreements to include a “break up provision” for how all assets will be split. Your small business lawyer will assist you in drafting these agreements and ensuring all parties are fairly provided for.

Waiting until you are being sued to hire a business lawyer is a reactive approach that can result in significant financial and reputational damage. Instead, having a business lawyer from the outset allows you to proactively manage legal aspects of your business, minimize risks, and capitalize on opportunities. It is an investment in the long-term success and sustainability of your business.

Even a simple slip up in any of the above areas can cost your business serious money and bad press. This is why the expertise of a skilled small business lawyer will save you money in the long run. A small business lawyer will help you with all general issues and can recommend a specialist lawyer for technical problems.