Business Law Attorneys

5 Advantages of Having a Small Business Lawyer

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Your business may be classified as small, but it’s everything to you! You have poured yourself into it and know it inside and out.

And while you may be an expert in your business field, chances are you may not be an expert in the law. That’s why having an experienced small business lawyer on your side is a good idea.

Don’t wait until you are in a jam or have been sued. A good lawyer can help prevent those from even happening at all.

Read on for 5 benefits of a small business lawyer.

1. A Doctor for Your Business

You depend on a family doctor to keep you healthy and live a long life. Think of a lawyer as a doctor for your business.

It is their job to protect your dream and livelihood and keep it operating at top capacity while avoiding unnecessary lawsuits and drawn-out legal proceedings.

They will help organize the business structure to best suit your long-term objectives. Do you want a partnership or sole proprietorship? Do you need an LLC, or should you form a corporation?

There are risks, liabilities, tax implications, financial considerations, and other legal matters depending on which route you choose. It pays to have someone with legal experience to help make the right decision.

Your personal small business lawyer will continue to monitor your business model to keep all aspects running smoothly.

2. A Contract Specialist

Almost every decision made regarding your business from day one will involve some type of contract, from customers to suppliers to employees.

Unfortunately, the days of handling details with just a firm handshake are a thing of the past. It is in your best interest and your dream business to have everything in writing and legally correct.

You want to be fair with your employees, but you must protect your business. Non-disclosure or non-compete agreements may be needed to keep your business secrets and plans from falling into outside hands.

Vendors are your lifeline and require mutual respect and the flow of information. There are also times when a well-worded contract by a skilled small business attorney will save you both time and valuable money in keeping your business afloat and profitable.

3. To Defend Intellectual Property

If your business is the product of years of dreaming, planning, thinking, and ideas, then the final achievement is your intellectual property. The last thing you need is someone to steal your concept and claim it as their own.

Inventions, logos, designs, software, brand name, original productions, and even services are considered your intellectual property. To protect them, you might need copyrights to register trademarks or even patents.

Don’t risk losing all your hard work by not taking action to protect them. And don’t trust just anyone with this information. Your small business lawyer knows how to preserve this data and knowledge.

4. For Your Real Estate Ventures

Maybe you started your business from your basement or living room, and it’s time to expand. Or maybe you want to start the gate in a brick-and-mortar building.

Whatever your real estate needs are, make sure you have an attorney in your corner. Leases and other agreements have a lot of fine print but are still often negotiable. Don’t get caught in a situation you can’t get out of.

From start-up to moving up, your small business lawyer will have your real estate needs covered.

5. To Help Arrange an Exit Strategy

Few businesses are run and maintained solely by one person. Whether you have partners or shareholders, there will come a time when someone wants out.

Even under good circumstances, there are still legalities and financial impacts involved when someone leaves. A business attorney negotiates buy-back or buy-sell agreements so everyone is covered and the business still has the capital to operate.

How to Pick the Best Small Business Lawyer for Your Business

Now that you have answered the question should my business have a lawyer, your next step is to find the best one for you. Here are some things to consider.

Their Experience

There are many levels of legal services you will need with your small business. Make sure the attorney you choose is experienced in each of them.

You don’t want to have to hire multiple lawyers to do multiple jobs. Find one who can help you with all your needs.

Their Knowledge of Your Type of Business

All businesses are not created (or run) equally. There is not a one-size-fits-all legal approach either.

Your small business lawyer is also your partner. They should be knowledgeable about the type of business you run. This helps them keep up to date on all related laws, potential road bumps, and how to help plan for your future.

Their Connections

While you want your attorney to cover all your legal bases, they may come when they need to reach out for additional help or resources.

A well-established lawyer will have a network of connections. This will enable them to bring someone in to help that they know and trust.

Their Attitude

Simply put, can you see yourself working with them? You will not see them every day, but you must be able to get along when a need does arise.

They should be approachable, easy to reach, and dependable. Your business’s needs must be a priority, and dealing with them should be pleasant and not another chore.

Their Fees

As with any valuable resource, your small business lawyer is a financial investment. However, you owe it to your bottom line to understand their fees and payment structure.

Perhaps you want to pay per project as needed. Others may opt to have their attorney on retainer. This is a negotiation process that both parties need to agree on for the benefit of both.

Don’t Risk Your Life’s Dream

From the first day, you thought about starting your own business; everything has led to this point. Don’t risk all that time, money, and effort by not being prepared and represented.

A small business lawyer will be by your side through the ups and downs and will always work to have your best interests in mind. From contracts to protecting your brand to keeping you out of the courtroom, they do their job so you can focus on yours.

Here at De Bruin Law Firm, we are a full-service law office dedicated to making our clients a priority. We specialize in business law and would love the opportunity to work with you.

Reach out today for more information on our services.

Real Estate 101: Should I Get a Real Estate Development Lawyer?

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Deciding to throw your hat into the real estate development ring means you will soon be juggling several things on your to-do list and putting out fires.

Whether you are looking to renovate an existing property or start from scratch and create a unique branding experience, you need help along the way. The process can take years from inception to completion and choosing a great team will lead to financial success.

One vital addition to that team is an experienced real estate development lawyer. Someone who understands not only real estate, but all the legal facets and hurdles involved in business management, permits, and financing.

Read on for signs to know when to get a lawyer for your new endeavor.

What Does It Take to Be in Real Estate Development

Not everyone is cut out to be a real estate developer, but they are the backbone of the commercial and residential market.

Many start their careers as real estate agents. They learn tips and tricks along the way and decide they want to grow and promote their community and their career.

Others fall into this type of work from the construction side of things. With their years of experience, they have trusted architects and resources and decide to journey out on their own.

If you have the drive to excel and a background in real estate, business management, marketing, and finances then you are on the right track.

Here is how a real estate development attorney can help get you started.

The Sale

Real estate development is a little more advanced than simply buying a home.

Acquiring property for both commercial and residential, or a combination, requires knowledge of the market, potential site surveys, and environmental impact studies.

You will also need to go through the due diligence process of the title examination.

There are multiple agencies involved and it is key to have one central contact to organize all the information. As the client, you need your interests protected with sound legal advice.

Plans, Plans, and More Plans

Planning for your real estate development is an intricate step in the future success of this endeavor. There are development plans, site plans, and of course, building plans that all have their specific requirements.

Are you renovating an existing property? Has a market analysis been completed? Are you going to combine residential space with retail space? All the parties involved must be on the same page and an attorney will keep the plans moving in the right direction.

Tax Laws

Tax laws are a legal minefield all its own. There are local, state, and federal guidelines and laws that must be followed. You have enough on your plate without trying to learn all the necessary tax codes.

Let your attorney work with your accountant to sort through all the details and then follow the lawyer’s advice.

Permits

Permits are another potential difficulty to overcome. For a development project, you will need both a land-use permit and a building permit.

The land use permit allows for the actual use of the land for your specific concept design. The approval depends on things like any rezoning issues and resolving conflict with the community residents or other businesses. This permit can be the hardest and take the longest to obtain.

The building permit opens the door for the actual start of construction. In this stage, engineers from the governing jurisdiction in question will review the building plans. They are looking to make sure all safety measures and building codes are up to date.

Your real estate attorney can walk you through all the legal processes in obtaining these permits. They can note potential pitfalls and make sure everything is in order and lines up for speedy approval.

Financing

Your dream project will never leave the planning stage without proper financial backing.

Finding investors or backers may be the easy part, but there are still many lines of fine print to read and spaces to sign. Multiple avenues of financing are used in such a project, and all the details must line up.

It is wise to let your attorney research all financing options. Do not rush through this step and jeopardize the success of the project.

Construction Contracts

Once the permits are signed and the financing is arranged, it is time to start seeing the actual fruit of your labor. It is time to build.

As with any construction project, there will be a contract and agreements. There should be clear direction on the scope of work, responsibilities, and payment. There will likely be delays and changes along the way as well.

Contingencies for modification and timeline must be addressed. All of these should be thoroughly reviewed by your real estate lawyer.

Leasing Agreements

Whether you are building a commercial/retail space, residential, or a mixed space, you will eventually need to draw up leasing agreements unless you are going to sell once completed.

These agreements are a solid base for the ongoing relationship with the development and the tenants. Do yourself a favor and make sure all the bases are covered.

An attorney can help with the correct terminology, current leasing laws, and any special conditions that could be involved in this development. Don’t have any lease signed without oversight and recommendation from your lawyer.

Potential Disputes

From the initial stage of planning to filling the space with tenants, there will be disputes that arise from time to time.

Some can be handled quickly with no legal action. However, unforeseen events may cause a person, or persons, to challenge you and file a lawsuit.

For as much as you know about real estate, you should leave the legal issues and disputes to the attorneys.

If you have secured a real estate development lawyer who has been with you every step of the way, they will be familiar with your vision and also knowledgeable of all your dealings. They will be able to properly and swiftly handle any legal disputes that crop up.

A Trusted Partnership

A successful real estate development strategy requires dedicated teamwork.

One key component of that team is an experienced real estate attorney. From the initial planning stages to tenant management or resale, we will be with you every step of the way.

For more information on how our services can help you fulfill your dream, please reach out.

A Guide to Thriving: 5 Expert Tips for Surviving a Company Merger or Acquisition

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You’ve seen the writing on the walls for weeks.

People on the management team disappear into mysterious closed-door meetings for hours at a time. You’ve been asked to compile data about company costs and employee usage rates. There’s been a general sense of unease at the office.

And during today’s all-staff meeting, the dreaded words were finally uttered: company merger 

There’s nothing more stressful than dealing with an acquisition or merger. You’re in for some interesting changes, but don’t worry. We’re here to help you navigate the latest changes in your company so you can keep your career intact.

Navigating the Company Merger: Our 5 Essential Tips 

It can be difficult to stay cool when you’re in the middle of a company merger. There are so many questions on your mind.

Will I still have a job in a few weeks? What’s going to happen to my colleagues? Am I going to have to take a pay cut if I want to stay on?

Unfortunately, we can’t answer those questions for you. We can, however, give you some tips that can help you manage whatever comes your way. 

When you learn that a company merger can’t be avoided, make sure you remember these crucial tips. 

1. Prepare for the Worst

People can underestimate just how jarring mergers and acquisitions can be for everyone involved. Oftentimes, nobody is safe. Everyone from the part-time secretary to C-level employees has uncertain futures at the company.

You could end up staying with the new company and find that you don’t like the new direction. You may find that half of your department got terminated and you need new employees. You could find out that your position has been eliminated. 

Now isn’t the time to panic, it’s the time to prepare. 

As soon as you know the merger is happening, take the time to fully update your resume. If you have any current work you want to add to your portfolio, grab it from company computers now.

You never know what can happen to important files when new people come on board. It’s possible that your access to files could change or that things have been deleted. That’s why it’s important to gather things while there’s still time.

This is also the perfect time to go to networking events and touch base with friends and old business connections. If you end up looking for a job or need to find people to hire, they could come in very handy. 

2. Choose Your Words Wisely 

Mergers are a very sensitive time for companies. Whether you’re an entry-level employee or a VP, it’s important to think about the way you discuss everything that’s going on.

If you’re in management, don’t say anything concrete about the merger until you’re 100% sure about what’s happening.

It’s far too easy for managers to accidentally spread misinformation to their direct reports during this time. Don’t confirm or deny things unless you can say then with absolute certainty. 

People that are feeling negatively about what’s happening should also be careful about who they express their opinions too. You never know who will be listening. A frustrated off the cuff comment could lead to problems for you in the future.

3. Communicate Your Willingness 

Do you love the company you’re currently working for? Are you looking forward to talking to the newest owners about your ideas on how to help improve products or services? Let your eagerness be known! 

Happy and willing to work employees are critical during a merger. They won’t just do the hard work that’s needed at the new company, they can also help create buy-in from employees that may be on the fence about staying at the new company.

Set some time to talk to higherups about how you want to help make the merger go as smoothly as possible. Even if you don’t have a concrete plan, just knowing that you’re offering support can be important for people.

4. Read Paperwork Carefully

This tip goes for the people selling their company, acquiring a new one, or simply going through the merger action because they’re an employee. Whenever there’s a merger happening, pay very close attention to any piece of paper you have to sign. 

Are you accepting a severance package? Severance pay often comes with strings attached.

Accepting the money may mean not working for a competitor, or even speaking negatively about your experience. Make sure you thoroughly comb through the agreement before you sign.

If you’re accepting a position in the newly formed company, read your contract carefully, even if you’re in the exact same role. The new company may handle pay, benefits, or duties carefully. 

This isn’t the time to guess and assume that everything is in order. Don’t be afraid to bring in the help of an attorney if there’s anything you don’t understand or are concerned about.

5. Evaluate Your New Company

So you’ve survived the merger and now you’re working within your new company. You may have kept your job, but the work isn’t over yet.

When you’re dealing with the stress of a merger you’re so concerned about the possibility of losing your job, you don’t take the time to consider if you actually want to keep it.

Now it’s time for you to decide if you want to stay with the new company. You may find that the way things are going aren’t working for you. 

Think about the new company culture and if you’re a good fit. See if you mesh well with new employees and management. Decide if you’re happy with the work you’re assigned and what you’re producing. 

The Expert Help You Need

A company merger can be a stressful time, but that doesn’t mean that it’s an impossible situation to navigate. If you stay in the right frame of mind and handle things as they come, you can easily survive whatever comes your way.

Are you a business owner that’s about to go through their first merger? Are you a concerned employee that wants to learn how to handle an impending merger in the right way?

We’re here to help. Be sure to reach out to us today so we can answer any questions and handle any concerns you may have.

How can someone protect their business from potential lawsuits?

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One of the most important things to remember about protecting your business from a potential lawsuit is remembering that there is no way to protect yourself from everything. In this day and age, anybody can file a lawsuit for any reason. The merit of the lawsuit can be determined later on, but there is no way to protect yourself from a lawsuit being filed against your company. The best way to protect yourself from a claim or lawsuit is to create processes and systems within your business that you are dedicated to. If you have a system for billing vendors, you should adhere to that system. This creates document and paper trails that you can refer to if needed, and also creates stability within your company.

What are some alternatives to business litigation?

Settlement and negotiations can always take place before litigation. Even if you believe you will win, litigation is time consuming and not always the best way to go about things. Resolving the issue prior to litigation is in the best interest of both parties. If that’s the situation, we’ll certainly make you aware of it. We seek to negotiate with other parties and attorneys while simultaneously not disrupting your daily business functions. However, if the other party is not willing to resolve an issue, litigation may be your only choice.

This is sometimes caused by a breakdown in communication, and the only way to get that communication started again and resolve issues is to litigate. These situations are considered forced communication, which causes both parties to come to the table and seek a way to resolve an issue.

Why do businesses really need a business law attorney?

It’s important to remember that you don’t know what you don’t know. Business law is very extensive, and although several issues can be researched, the problem is if you’re missing something, you may not be aware of what it is that you are missing. If you think you are doing everything right legally as your business moves and you are answering these questions because you’ve done your own research, you could be right, but you could also be wrong. It is much better to have someone tell you that you are wrong up front, so you are able to fix it, than to have the court tell you later on that you are wrong.

At the end of the day, business law attorneys at our firm feel that it is our job to help you navigate. The businesses that we see get themselves into the most trouble are the ones that feel that it’s just better to do it on their own to save money. Oftentimes, the desire to save money today means spending twice as much tomorrow.

At the De Bruin Law Firm, we are business owners, so we understand that. It isn’t easy to decide to pay someone for a service that you think you may be able to do on your own. You always need to ask yourself, what is the best thing for my business? The pain and complications involved in litigation aren’t a good thing for your business. At the end of the day, your business is about providing a product or service. Anything that takes away from that should be dealt with as efficiently and effectively as possible. Our belief is that having a business law attorney will help you with a lot of the issues that arise in the life cycle of your business.

For more information on Protecting Businesses From Lawsuits, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (864) 982-5930 today.

What are some examples of businesses and companies you work with?

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The De Bruin Law Firm represents many various types of businesses, in industries including software, construction, national and international manufacturers, real estate, national and international distributors, and local startups. We represent these companies in the majority of their legal matters. If you provide the service or a product to the general public, we have experience representing an area that you probably serve.

Although we are more selective with who we represent, we do also serve select nonprofit clients. This covers areas of business from brick and mortar stores to completely cloud-based services, such as tech companies.

What questions should I ask before starting a new business?

When you start your new business, the first thing you should always ask is what the purpose of your business is. Are you going to provide a service for people, or are you going to provide a product? The next question you should as is what your ideal kind of customer is. This will help you narrow down your industry and your market. If you are a first time business owner, it may take a little bit of time to really grasp what it means to discern who your ideal client and customer is.

Next, you can decide if you are going to be a brick and mortar store or if you are going to be online based. Another important thing to decide is how you are going to market yourself to your target audience.

From there, you can ask some more specific questions, such as, how are you going to raise capital? Are you going to be an LLC, in which every employee has a day to day activity, or a corporation, in which you have investors? Deciding which entity formation will play a large role in the growth of your business from that point on.

What qualities should I look for when retaining a business law attorney?

When selecting a business law attorney, the first thing you should look for is an attorney that has experience in the nature of your business. This means finding someone who has handled business plans like yours and has experience in with your marketed objectives and goals going forward. Next, it’s important to find an attorney that is experienced in business planning. When big decisions arise, it is easy to become reactionary when something happens. This can be expensive and inefficient for your business. If you have an attorney that has experience in handling startups and established companies, they can lay out a business plan based on your objectives and goals in order to help navigate obstacles that arise.

For more information on Businesses & Companies In South Carolina, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (864) 982-5930 today.

What are the common business law matters that you handle?

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We commonly represent business law clients in South Carolina, dealing with technology and software development, manufacturing, professional services, and a multitude of other industries . A portion of our clients are bootstrap startup companies that are trying to grow not just organically in South Carolina, but also with a new and innovative idea. We also represent both manufacturers and service industries, whether they are builders, developers, or if they make specific products, cabinetry, custom metal work, etc.

We also have a large pool of international clients, specifically in the dental industry, and a few other industries that are trying to get their products to market in the United States. We represent them and assist them to gain compliancy with US government laws as well as helping to sort out their infrastructure in the United States, whether that’s shipping, accounting, employment, staffing, or human relations.

What is the role of an attorney in business planning and formation?

As your business planning attorneys, we find the most efficient solution to your business’s everyday problems…for example, if you’re selling your product in other states, how do you make sure that you are complying with all the laws from state to state? Or, if you have an agreement with a shareholder or a vendor, how do you make sure that you’re both protected while also ensuring that it is an efficient agreement that will allow you to go forward within your business relationships with others, and simultaneously protect your interests?

Solving these problems on a day to day basis is one of the things that our clients have said that they’ve enjoyed about us. We have several repeat customers and referrals because we do our best to make sure that your business relationships overcome a lot of the hurdles that end up leading to litigation.

What are the different corporate services that you provide to clients?

We handle the review process of any business agreement, any kind of contract, as well as the creation of business agreements that occur in the day to day between clients and vendors, customers and clients, from studios that need membership agreements to major mergers and acquisitions and shareholder buyouts. We have handled it all and we handle it regularly.

Why is an attorney needed when buying or selling a business?

The most important part of buying or selling a business is communication. Whenever you’re buying or selling a business, as well as in a merger or acquisition, there are a lot of moving parts. One of the attorney’s jobs is to make sure the communication is present between all parties and being able to effectively communicate a client’s position to the other side in a way that keeps everything moving forward. At the end of the day, whether your client is buying or selling the business, there’s a desire to go forward in that process. It’s our job to both protect their interests, but at the same time, not be the reason why it stalls. Our job is to make sure that everybody is in the loop and, first and foremost, protect our clients.

What are the common business related lawsuits that you handle?

The majority of lawsuits that we handle arise from agreements or contracts, prior to our representation, in which a potential client or business comes to us after finding that they have a disagreement with someone over this agreement or contract.

Unfortunately, we see a lot of people getting stock contracts off illegitimate websites. We had one situation in which someone came to us thinking they had bought a business. They had not. The contract that they had signed was for the purchase of equipment. The business that they thought they were buying was a completely online business without any equipment. Occasionally we have situations like that, where unfortunately, because an individual didn’t seek legal counsel or legal representation in the beginning, now they’re at a position where it’s at litigation and it could have been avoided.

For more information on Business Law In South Carolina, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (864) 982-5930 today.

Common Business Law Questions:

What types of cases do you handle under real estate law?

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Our Firm handles traditional purchases of real estate, including both residential and commercial properties. We also handle refinancing of loans and mortgages, home equity lines of credit, and mobile home sales and de-titles. Additionally, we handle quitclaim deeds and property transfer. We handle commercial lease agreements, commercial purchases, and commercial sales and refinances. We also do real estate development, and that could be anything from sub-divisions to multifamily homes or to a corporate real estate development. The only thing we don’t handle in real estate law is real estate or residential litigation. We don’t handle litigation between homeowners, neighbors, landlords and tenants, etc.

Do I need an attorney when purchasing a single family home?

The real estate attorney handles the title insurance of the closing. In South Carolina, title insurance is a legal requirement, and you do need a lawyer to handle the closing, escrow servicing, and titling of your property.

Why should I hire an attorney if I’m just purchasing or selling a property?

In South Carolina, it’s required that an attorney handle and supervise many of the critical elements of a real estate closing. These elements include title searches and abstracts, title review and certification, and the closing itself, including preparation and analysis of closing documents and escrowing the funds. All money passes through the attorney’s escrow account and is distributed according to the documentation that is presented.

Should I use the standard listing agreement by realtors to buy or sell property or should I use a custom agreement made by my attorney?

For residential properties, most states including South Carolina have a standard realtor’s contract that everyone real estate agents and attorneys are familiar with. We use the standard form as it is convenient for all parties involved, but also review and draft real estate agreements specific to the individual transaction.

What is involved in the closing of a real estate property?

Often, when people are buying a property for the first time, they don’t understand the amount of paperwork and tasks associated with a closing. The first thing that needs to be done is a contract between the buyer and seller. There is an earnest money deposit that usually goes along with the signing of that contract. Included in the contract is a list of deadlines and dates for certain things to be done. It is very important to make sure that all those dates are noted when the contract is signed.

Next, there is the due diligence and the inspection period. This is vital, because in most contracts for real estate, specifically in residential real estate, there are out clauses, or the things that the buyer, if things are found, can get out of the contract, or the contract will be cancelled. There will be inspections, both home inspections and termite inspections, with a financing statement stating that if the buyer can’t obtain funding to buy the house, either they negotiate the contract again or the contract is voided. At that time, a title search is done to make sure that the title is good and marketable.

In addition, a survey of the property is done, and then the attorneys review both the survey and title to certify that the title is good and marketable. Also, the attorney needs to receive payoff requests for all liens.

Then, the lender will give a title commitment letter and will coordinate the closing. From here, we must review all the lender documents and the settlement statements and prepare for the closing.

During closing, the attorney will explain every document that is involved and all parties will sign the closing documents. The attorney will do the transferring of the deed and transfer funds through the escrow account to the lenders, sellers, agents, mortgage companies, and taxing authorities and insurance companies. The attorney will give the title insurance commitment to the buyers and the bank, and then record the mortgage deed through the clerk at the courthouse.

For more information on Real Estate Cases In South Carolina, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (864) 982-5930 today.

What are some issues associated with buying or selling a business?

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The first issue to address when you buy an existing business is the role of the seller in your new business. If the seller is going to become an employee, you will need to discuss the role of that seller as the employee is going forward. Having someone who is a business owner sell the company and then stay on as an employee can potentially create obstacles and confusion. In most cases, the seller has a vast amount of experience in the industry, so you want to keep them on. It’s also important to draft non-compete and non-disclosure agreements between you and the seller. The last thing you want to do is buy a company from someone who then opens a competing business nearby.

On the other hand, if you are considering selling your company, the first question you have to ask is how much your company is worth on the open market. This can be very important for small businesses if they decide to sell their business to someone they know. This doesn’t necessarily mean that you’ll get the whole value of your business for that, but it does mean that you will need to enact promissory notes because the buyer is not able to afford the full value of the business upfront.

When you buy or sell a business, you need to be thinking about how your agreement is going to play out long term. Whichever side you’re on in the transaction, how is the agreement going to wind out to a complete transfer of the company? If you’re running a business, you will be dealing with vendors, customers, contracts, and agreements on a day to day basis. Your attorney can certainly help you foresee those interactions, and handle them well in advance.

There will also be reactionary situations and decisions that need to be made, such as what happens if vendors don’t fulfill agreements or customers don’t pay for your services on time, or what to do with a disgruntled employee. Oftentimes, this can be a chain reaction, causing other issues. These are the common, day-to-day business operations that our firm certainly can help with.

What are some issues that business owners can handle on their own without an attorney?

Although it isn’t necessary that you hire an attorney for every issue, it is a great idea to have an attorney that you are comfortable with so you can pick up the phone and call when you need to. However, at the end of the day, if you are entrepreneur or a small business owner, the failure and the success of your business is ultimately in your hands.

One of the most difficult things to do is lead and manage other people. Those are the issues in which it may not be necessary in the best interest of your business to pick up the phone and ask the attorney’s advice, such as motivating your staff and promoting a good work ethic. With any other legal issues, we can lead you down the right path, and warn you of any pitfalls that your actions may be leading you towards.

For more information on Issues With Buying Or Selling A Business, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (864) 982-5930 today.

Does every business need an attorney?

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Depending on the size of your business, you may not need an attorney as in-house counsel or on your staff and payroll. However, it is always a good idea to have a strong relationship with an attorney so you feel comfortable picking up the phone to ask questions. Whether those questions happen once a week or every six months, your trusted attorney needs to be someone that is competent and regularly available to handle issues that arise in your business.

Does your firm work on a retainer with client or on as needed basis?

For smaller businesses, if it’s a work as needed basis, we can give you pretty good estimate of what that work’s going to entail. If the work determines that there needs to be a retainer, we’ll let you know well in advance for that also.

The larger businesses are the ones that typically need an attorney on retainer on a month by month basis. For larger businesses that have ongoing daily functions that require the use of an attorney, we have found it’s in their best interest financially to hire us rather than hire their own in-house counsel. We can act as general counsel outside of their payroll in the day-to-day things they need.

What are the disadvantages of not proactively hiring a business law attorney?

The disadvantages of not proactively hiring a business attorney depends on the nature of your business. On a general scale, however, it is our job to know what might throw up red flags. The more comprehensive approach we have together as far as your business plan and your goals, the better able we’ll be to point out some of those red flags prior to them arising.

What are the resolutions or assistance that your firm can provide to potential clients?

We provide a variety of services to our business law clients, including debt collection, litigation, business restructuring, and more. We will help you through any sort of business restructuring and contract related matters, as well as represent the business. If there are significant employment issues that you need help with, we have the experience necessary to help you and guide you through these issues as well.

In addition to creating new agreements does your firm assist in reviewing and modifying existing agreements or contracts?

The De Bruin Law Firm assists with reviewing and modifying existing agreements and contracts. We can also do a document review, even if the documents have been previously executed. This often happens with new clients who have existing shareholder or operating agreements. We encourage existing document reviews for all of our clients. These reviews enable us to see where you were prior to coming to us—if there’s anything that needs to be addressed, we can resolve it before it becomes an issue.

Does your firm litigate business matters? 

We typically litigate matters in which we are already actively representing the business. We are truly selective on cases we litigate. If it’s a situation in which a business or a business owner comes to us because we have represented them in the past, we will handle that on a case-by-case basis. Our clients require our attention actively, and litigation is very time-consuming. If we are unable to represent that new business in a litigation matter, we certainly will refer to another trusted litigator.

For more information on Need For Business Law Attorneys, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (864) 982-5930 today.

Common Business Law Questions:

Your Guide to the Different Types of Business Entities

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Have you been in business for a while (or just starting out) and wonder if you’re on the right track with your business structure?

Are you wondering what types of business entities are available to help save you money on taxes or shield you from liabilities?

Maybe you think your company is too small to incorporate. Did you know that 84.9% of the C-corporations in the U.S. in 2015 had fewer than 20 employees?

We’re not saying incorporation is the best choice for you.

We’re just suggesting you consider all the alternatives available. Make sure your business entity type is the best fit for your company.

Let’s discuss some of them now.

Types of Business Entities

When starting a business, there are many business types to choose from.

Each has its own advantages and disadvantages when it comes to the ease of formation, tax advantages, protection from liabilities and lawsuits, and more.

It’s important to take the time to learn about the various options available to find the one that best fits the needs of your company.

Below is a summary of five of the most common types of business entities.

Sole Proprietorship

A sole proprietorship is a business owned by one person for profit. It is the easiest type of business to set up and end. But sole proprietorships do not offer any protection to the owner.

The owner is entitled to all the income from the business but is also personally liable for all the debts incurred. If any claims are brought against the business, the owner is personally liable for them too.

If you want to do business under a name other than your own, you will need to file a notice that you are doing business as (aka d.b.a.) the name you’ve chosen. Doing so doesn’t protect you from personal liability.

You will file a Schedule C along with with your individual income tax return to report the profit or loss from your business.

Partnerships

A general partnership is one of the types of business partnerships. A general partnership is owned by two or more people or business entities.

A general partnership can be formed without a formal written agreement. But it is generally recommended that the agreement between the partners be written down. This is especially true if the income from the partnership won’t be divided equally among the partners. Or all partners do not contribute an equal amount of capital or other resources into the business.

All partners are personally liable for the debts of the partnership. So disputes can arise, for example, when a partner takes on debt for the partnership without the other partners’ consent.

A partnership doesn’t file its own tax return, but it does have to file a Form 1065 – U.S. Return of Partnership Income every year. Form 1065 will report how much income or loss flowed through the partnership to the partners. Each partner will then report this income or loss on their own individual tax return.

Limited Liability Partnership

A limited liability partnership consists of one or more general partners and at least one limited liability partner.

Limited partners have limited personal liability for debts incurred by the partnership. The limit is up to the capital they put into the business. Limited partners do not take an active role in the management or operation of the business. If they do, they can lose their limited liability status.

In order for a limited liability partnership to be valid, the partnership must be registered with the state where the partnership does business.

Corporations

Corporations are their own entity owned by individual shareholders. Shareholders are protected from liabilities owed by the corporation.

Shareholders vote to elect a board of directors who have specific duties oversight duties. The board of directors chooses the officers for the corporation. The officers are responsible for hiring people to handle day-to-day business activities.

Corporations are considered their own separate entity and corporations file their own tax returns. The corporations pays dividends to the shareholders. Shareholders then pay tax on the dividends on their individual shareholder’s tax return.

Before creating a corporation, you should consult with an attorney to discuss which type of corporation to for. Two types of incorporations are C-corporations and S-corporations. You will also need to make sure you’re aware of the various corporate reporting and filing requirements.

Further, an attorney can explain how to maintain the protected status against personal liability.

Limited Liability Company

A limited liability company is another one of the forms of business ownership. The people who own them are called members.

The rules for forming a limited liability company (LLC) vary from state to state.

In some states, like South Carolina, you will need to file Articles of Organization with the Secretary of State to form a limited liability company. In others, the form is a Certificate of Formation.

Members of an LLC have limited liability protection from the liabilities of the LLC.

Like a partnership, profits and losses flow through the LLC to the members. However, members do not claim the profit or losses on their individual tax returns. Members can opt to be taxed in one of two ways: as a partnership or as a corporation.

Make the Right Choice – Talk to an Attorney Today

Wherever you are in your business planning, now is the best time to talk to an attorney about the types of business entities that will work best for your company.

Laying the proper foundation for your business will give it the structure and stability you’ll need to make your business a success.

Contact us today to set up a free consultation to discuss your business and which business entity options are best for you.

The De Bruin Law firm offers a wide range of legal services to clients in Greenville, SC and the surrounding upstate. Our experienced attorneys can help you with legal matters in the areas of business law, criminal law, estate planning, and real estate law.

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