When to consult a business lawyer
Guest post by Kailey Jacomet, Esq – Check out her blog
As an entrepreneur, you’re used to making things happen and getting projects done on your own—but sometimes you find yourself in new territory where you should consult a business lawyer. The tricky part is that many people do not realize they need a business lawyer until they run into legal trouble. Protect yourself and your business with this checklist of circumstances when you need a business lawyer.
Forming a business structure
Choosing the right business structure involves consideration of many different questions including:
What type of business are you in?
Do you have a partner?
Do you have a professional license?
Do you want financial protection from the business’s liabilities?
Do you want the business to pay its own taxes?
Do you plan to have shareholders?
These are just some factors that should influence your decision. An experienced business attorney can discuss your unique needs to help determine the best structure for your business legally and financially.
Protecting your business name and logo
Your business’s name and logo represent your unique brand—the value of which is difficult to measure and vital to your public image. A business lawyer can help you perform a comprehensive trademark search of your name and logo to ensure that neither have registered trademarks. After determining that your use of the name and logo does not infringe on the trademark rights of another business or individual, it’s time to make sure your name and logo are protected from trademark infringement by registering with the U.S. Patent and Trademark Office (USPTO). This can be a tricky and long process. A lawyer can register the trademark for you and respond properly to any objections from the USPTO.
Forming contracts
When writing and signing a business contract, it’s always a good idea to consult a business lawyer. A contract is a legally binding instrument, which should not be entered into lightly. You will want to make sure that the terms of the contract are legally and financially advantageous for you and that the contract protects your interests. This includes:
Sales agreements
Terms of use
Partnership agreements
Service agreements
Licensing agreements
Franchise agreements
Dealing with employment issues
If you hire employees for your business, you will want to consult with a business lawyer to make sure you have the right policies and procedures in place:
Workers’ compensation insurance
Facilities and policies in compliance with the American Disabilities Act
Policies in compliance with state and federal laws concerning pregnant and nursing women
Anti-harassment policy
Reporting system for ethics complaints
As there are many more areas of business where employment law issues can arise, consult a business lawyer when forming your business policies to avoid trouble later on.
Buying or selling a business
If you are selling your business, buying a business, or merging two businesses together, you will want to consult with a business attorney to make sure that your interests are protected. Does the sale include equipment? Does it assign rights to intellectual property? Is a non-compete clause involved?
Handling a government complaint
No business owner wants to deal with a government complaint. Whether it be an issue regarding taxes, permitting, environmental regulations, or any other government regulation, a business lawyer can help you navigate the issue and protect your rights and interests.
Kailey is an attorney/boss lady entrepreneur specializing in helping other entrepreneurs protect their brands. Follow her on Facebook, Instagram and check out her blog.
Kailey is also launching her new book January 31, 2019– Brandlaw: A Legal Blueprint for Launching and Running Your Business.