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Business & Corporate Law

Limit your business and personal liabilities by hiring an attorney to aid you in the formation, development and growth of your business. Our business and corporate law practice can be divided into four main areas:

 1.    Business Creation and Development

The first step involved in starting a business is the creation of the business entity itself. You may have many questions at this stage, such as:

Should it be a partnership? 

      A Corporation with shareholders and securities?

Maybe a S-corporation would be best?

But does a LLC have a lower tax burden than other entities?

Which entity affords more protection from personal liability?

And most importantly, which business entity is right for me?

An attorney can guide you through the business formation process from beginning to end. Starting up a business can be costly, and once you incorporate it’s quite expensive, if not cost prohibitive, to switch to a different entity. Why not get it right the first time around? Our prices are comparable to most non-attorney incorporation services out there.

Wouldn’t you prefer to have peace of mind that an attorney custom created your business, tailored to your company's needs, versus using a standard fill-in-the-blank form supplied by an unknown author?

Business creations include but are not limited to the following:

  • C-Corporations
  • S-Corporations
  • Limited Liability Companies
  • Partnership Agreements
  • Sole proprietorships

 

 2.    Document Preparation

Next, your company will need solid contracts that will minimize your company’s liabilities, tailored not only to your industry, but to YOUR business. Standard forms and contracts will never do this, and a business contract that works just fine for a consultant may not work for an electrician. Having an attorney prepare your company’s contracts means fewer headaches, and provides you with complete confidence to let you run your business at its full potential. Documents prepared by our office include but are not limited to:

  • Annual Corporate Books
  • Confidentiality Agreements
  • Leases
  • Non-Compete Agreements
  • Purchase and Sale agreements
  • Rental Agreements
  • To view further documents that we prepare please visit our Wills, Trusts and Estate Planning page > HERE.

 

 3.    Document review

Many clients just need an attorney to review a contract. Whether you are about to sign a new lease or sign a purchase or sale contract, our attorney can review your document and explain to you your legal obligations, responsibilities and options. When a dispute arises, and there is a contract that you are bound to, you should have an attorney review it before making any important decisions. Situations that would call for a document review by an attorney could be as simple as deciding to break a lease, or maybe even declining to pay someone for unsatisfactory work performed.

Whatever your situation is, should you not fully understand the terms of a contract, lease or agreement (before or after you sign it), hiring an attorney to review it is a must. People that say “I didn’t know that” or “I didn’t read it” or “how am I supposed to read that small print?” are usually bound for trouble.

 

 4.    Litigation and/or Loss Mitigation

In the State of Florida all corporations must be represented by an attorney for the purposes of litigation. In other words, if your business is sued, for whatever reason, you must show up to court with an attorney. You cannot represent your business alone, or Pro-se. Also, if you have an attorney on hand to counsel your business, odds are you won’t get sued in the first place, saving thousands of dollars in the long run. The Complex Business Litigation section of the courthouse is not a place in which you want to be alone.

            Not all litigation occurs in the courthouse. Behind closed doors attorneys are hard at work settling cases out of court. This practice is also known as Loss Mitigation. Businesses must see litigation as a normal part of business. Let’s face it, odds are that if you own a company in the United States, at some point you may get sued. Whether it’s a dispute with an unhappy client, customer or vendor, or even your landlord, disagreements occur all the time while conducting business. Cutting your losses or costs is an integral part of doing business. 

    Make sure that a competent attorney is by your side, as an error in or out of court could put you out of business. Whether you are a property management company that failed to send out a notice of intent to claim a deposit for damages, or a retail business that failed to meet a deadline or deliver a certain product, your business could risk being sued. Cutting the expense of such suits or settlements can mean keeping your business afloat. An attorney can help you cut your costs or settle a case for less than you probably think.

The time-value-of-money is a basic financial principle that comes up in court every day. What is it worth to you to settle this case right now? Even the Florida lottery pays people cheaply up-front instead of payments over time for the full amount. Cutting of your losses by using Time-Value-of-Money to your advantage is loss-mitigation at its best.

See our Estate Planning section for more information regarding asset protection for businesses and business owners HERE.

 

 

 

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