Business Legal Issues
Running a small business can sometimes be a daunting task. An attorney can help the small business owner as a legal advisor so a small business owner can focus on the operation of the business. At all stages of establishing and running a business an owner is going to face a wide variety of legal issues including but not limited to choosing the best business form, protecting one’s interest in business relationships by contract, copyright and trademark protection, and avoiding litigation. Additionally, even though most people do not prefer it, certain situations require litigation of a business’ interest. An attorney can help with all of these issues and more.
Under today’s laws, businesses have many options regarding the type of business entity. These include sole proprietorships, limited liability companies, c-corporations, s-corporations, general and limited partnerships. Each of these options have their own unique advantages and limitations. The choice of entity, however, can be critical to protecting the interests of both the business and owners. Each offers specific liability and tax treatment of the business and owners. The best type of entity for a business depends on many factors. A full review of a business structure and situation is required to determine what type of structure would be best.
Contract Drafting and Review
Today, contracts are used to establish many business relationships, whether it is the relationship between a landlord and a tenant, a supplier and a purchaser, and so many other business relationships. A contract is used to determine the rights and obligations of each party. Before a business enters a contract, it is critical to understand what these obligations and duties are going to be. An attorney can help businesses in drafting a contract so that the terms are what the parties want. Additionally, once parties have already entered into an agreement, it may be necessary to review the terms of the contract when the parties disagree about those terms.
Litigation and Dispute Resolution
While most people do not want to litigate issues, it sometimes becomes necessary to do so when a business’ or person’s rights have been violated. The source of these rights can come from a variety of sources, including the statutes of state and federal government, the common law of the states, and rights created by contract.
Through litigation in the courts, people and businesses can enforce these rights and obtain legal remedies from the court. The nature of the law suits and applicable laws can vary significantly depending on the particular factual situation. Due to this wide variety, it is difficult to present all of the possible situations.
If you believe you have a potential claim it is best to consult an attorney for a thorough case analysis.
This website is provided for informational purposes only and use of the information does not create an attorney client relationship. Each person’s factual situation and legal situation is different. Therefore, each person should consult an attorney for an analysis of his or her own situation.