what to ask to the lawyer about my retail business

by Joseph Murazik 8 min read

A local real estate lawyer can help negotiate and review the contract to lease or purchase the property. Obtain the necessary licenses and permits: After you've found a location for your retail business, you'll then need to obtain the necessary licenses and permits to operate your business.

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What should I look for when hiring a small business lawyer?

Dec 19, 2018 · How man people will have ownership in the business. How concerned about protecting your personal assets if your business gets sued. How much you expect to pay in taxes. Name Your Business: You may already have a distinctive, clever name in …

How do I find the right attorney for my business?

May 02, 2022 · Also, it’s risky to choose a name that might infringe on another business’s registered trademark. And if you think you’ll want to trademark a business name, you’ll want to choose a name that meets trademark protection criteria. A lawyer can explain the rules and help you research your options. 3.

What should you look for when hiring a franchise attorney?

Jan 17, 2020 · Ask the potential candidate about their experience in your industry so you can be sure they’re the right choice. Is the Lawyer Serving Clients Who Could Cause a Conflict? Ensure that the potential candidates don’t have any clients …

What should I ask a small business attorney at my first meeting?

Aug 25, 2017 · Regardless of whether or not the miscategorization of assets was intentional, it can lead to negative consequences. Asking a business attorney to clarify what stipulates an asset as personal or business can prevent future, unwanted complications. How Can I Create an Attractive Work Environment? Employees are the core of every business.

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What three questions should a lawyer ask of their clients?

For example, as an attorney, you understand why it matters where you went to law school, but the average legal consumer may not.
...
Empowering prospective clients
  • How much experience do you have in this area of law? ...
  • Do I have a case? ...
  • Do you offer payment plans? ...
  • What happens if I lose? ...
  • Why are you the right lawyer for me?
Feb 5, 2020

What should I ask a corporate lawyer?

General Questions
  • How long have you been practicing law?
  • What do you specialize in?
  • What are your main roles and duties? What goes beyond that scope?
  • How do you bill?
  • What companies do you generally work with? ...
  • Are you experienced with startups?
  • Are you familiar with the laws of incorporation in my specific state?

What are good questions to ask when starting a business?

17 Questions You Should Ask Yourself Before Starting A Business
  • Why do I want to start a business? ...
  • Can this business idea make me money now and in the future? ...
  • Who is my target audience for my business? ...
  • Who are my competitors? ...
  • What is your USP? ...
  • How will I market my business? ...
  • How will I price my products?
•
Jul 29, 2020

What are common roles a lawyer can play while forming your small business?

They can guide entrepreneurs through the process of sales or acquisitions, help draft letters of intent, draft contracts, verify trademarks, and review contracts and agreements with buyers and sellers. Small business lawyers can also help you settle litigations.Dec 4, 2020

What questions should I ask a startup lawyer?

7 questions to ask your startup lawyer
  • Do You Work With Companies Comparable to Mine? ...
  • How Do You Bill? ...
  • Will I Be Comfortable Working With You? ...
  • What Is Your Focus? ...
  • What Is Your Past Experience? ...
  • Are You the Best in the City? ...
  • What Is Your Age and Experience With Technology?
Aug 3, 2013

What is the difference between corporate law and business law?

Business Law deals with the elemental legalities which are required for an organisation's foundation whereas Corporate Law lays emphasis on the operations, actions, and validity of an organisation. In simple phrases, Corporate Lawyers write the contracts and business lawyers evaluation these contracts.Oct 24, 2020

What are the three big strategic questions?

He taught that the three most important strategic questions each company must answer are:
  • What is our business? (Mission)
  • What will our business be? (The changing environment that we are certain about)
  • What should our business be? (Vision)
Apr 11, 2017

What are the 4 basic business questions?

The 4 Questions You Need to Ask When Starting a Business
  • Why are you deciding to start the business? This is the most important question to answer before you do anything else. ...
  • What capital do you have access to? ...
  • What do you know how to do? ...
  • If this failed, would you regret it?
Dec 10, 2015

What are four things you must do before starting a business?

Four things you MUST consider before starting a business
  • 1) Plan carefully. Starting a business isn't for the faint-hearted. ...
  • 2) Research your market. ...
  • 3) Expand with care. ...
  • 4) It's all down to you. ...
  • Read these before you start your business.
Nov 2, 2021

What do a commercial lawyer do?

Commercial lawyers help businesses trade and work on a wide range of commercial agreements dealing with the manufacture, sale, supply and distribution of goods and services, as well as identifying and establishing the best routes to market, which could be via an agency, distribution or franchise model.Mar 30, 2022

What are common scenarios in which businesses engaged in litigation?

Common Types of Business Litigation
  • Intellectual property disputes: Your intellectual property belongs to you and if someone is using it without your permission, you will need to take action. ...
  • Breach of contract cases. ...
  • Employment disputes. ...
  • Partnership disputes or shareholder litigation.

What does a lawyer do in a firm?

A law firm is usually a partnership between lawyers who have come together to offer their expertise to clients under one name. These partners share the profits of the firm as well as the risks (liabilities), and engage other lawyers to work with them as associates.

What does a business lawyer do?

A business lawyer can explain how to start a business and answer your business law questions. But more importantly, a lawyer can identify the risks you face and help you minimize them. When you meet with your lawyer for the first time, it’s a good idea to have some questions in mind.

Why is it important to meet with a small business attorney?

Meeting with a small business attorney is an important way to get your business off to a good start and minimize future risks. Here are questions to ask at your first meeting. New entrepreneurs have their hands full, making plans, developing products and services, and lining up financing.

What to do before starting a small business?

Before starting a small business, you must decide how your business will be structured. If you do not form a formal business entity, your business will either be a sole proprietorship (with one owner) or a general partnership (with more than one owner). Legally, you and your business will be the same “person,” so if your business has debts ...

What happens if you don't form a business entity?

If you do not form a formal business entity, your business will either be a sole proprietorship (with one owner) or a general partnership (with more than one owner). Legally, you and your business will be the same “person,” so if your business has debts or is sued, you are personally liable for those obligations.

What are the federal laws?

Federal laws range from anti-discrimination laws to health and safety regulations to wage and hour laws. You may need policies and procedures, handbooks, and training to ensure that you don’t inadvertently violate them. You must also comply with state laws relating to such things as the minimum wage.

Do small businesses have trademarks?

All small businesses potentially have trademarks that they use to identify the business and distinguish it from others. Your business name, logo, labels, slogans, and packaging can all be trademarks, but you must take steps to protect them. You may decide to register a trademark with the U.S. Patent and Trademark Office.

How does a contract protect a business?

Contracts protect your business by describing the rights and responsibilities of the parties to the agreement. A well-written contract can reduce the number of disputes that arise, ensure that you get paid for the work you do, and provide a clear remedy if one party doesn’t hold up its end of the deal.

Do you need a lawyer for a business?

Once your business starts working with vendors, suppliers, clients, or any other third parties, you’ll need written agreements in place to ensure that all parties involved know what to expect. A lawyer can help you draft specifics or at least walk you through the creation of some templates that you can use in common situations.

What are the legal ramifications of starting a business?

There are several legal ramifications of starting a business. It can lead to issues related to liability, copyright, employee rights and everything in between. So one of the first steps you should take as you work to get your business off the ground is speak with an experienced business attorney.

What is a corporate shield?

Only by establishing a corporate entity and following the necessary corporate laws and regulations do small business owners enjoy what’s commonly known as a “corporate shield” that protects their personal assets and ensures only their business assets are at play.”.

What happens if a business has an outside investor?

If your business has any outside investors, it could impact the type of corporate entity you’re able to establish for your business. Specifically, you need to be sure that the structure provides a corporate shield for your investors as well as yourself.

Who is Ben De Leon?

Ben De Leon is the President of De Leon Washburn & Ward, P.C., where he has served as general counsel to some of the fastest growing companies in Texas. As an experienced business lawyer, he recently spoke with Small Business Trends about some of the most important legal issues that new entrepreneurs should discuss when getting started.

Can a lawyer review a contract?

In addition, some lawyers are knowledgeable about tax issues, even if they aren’t accountants. They may have handled legal tax matters for other business owners and can make sure you don’t run into the same issues.

Why is it important to hire a lawyer?

However, if your business is subject to a lawsuit, you’ll be relieved that you hired a lawyer. When evaluating lawyers, you should ask a lot ...

Is it expensive to hire a lawyer?

It’s well known that hiring a lawyer can be expensive, making it challenging for some small business owners to retain their services. However, if your business is subject to a lawsuit, you’ll be relieved that you hired a lawyer.

What kind of law do lawyers specialize in?

People sometimes wonder what types of lawyers are available to them. Lawyers often specialize in either business law or personal law. For this reason, you should search for lawyers who have business law experience.

What is a general business lawyer?

1. General Business Lawyer. As the name suggests, a general business lawyer can provide legal advice on a wide range of matters. This type of lawyer has a hand in every legal discipline. If your business doesn’t deal with special circumstances, a general business lawyer may be well suited to your purposes.

What is an employment lawyer?

Employment and Labor Lawyer. Using an employment and labor lawyer only makes sense when your business has employees. If it does, your business should comply with state and federal laws. An attorney in this area of the law can help you draft employee manuals and ensure safety standards are in place.

What happens when you buy and sell a business?

When you buy and sell businesses, you’ll negotiate for the property and assets of those businesses. It may not always be clear what you’re entitled to during these negotiations. It pays to have a mergers and acquisitions (M&A) lawyer representing your interests in the transactions.

How long does it take to wind up a business?

In ordinary times, it can take months to wind up a business properly. Ideally, you want to create and follow a closing plan that offers the most protection possible to your personal assets, your credit, and your reputation in the community—and to those of your spouse, cosigners, and lenders. However, these are not ordinary times.

When are Social Security payroll taxes due?

As a result of the coronavirus pandemic, employers are allowed to defer 50% of the employer's portion of Social Security payroll taxes until 2021 and 2022. The deferral applies to deposits and payments otherwise due March 27, 2020 through December 31, 2020. See the IRS FAQs for details.

What should a letter contain?

Typically, the letter should contain: how long the buyer and seller are willing to keep the deal open. a binding promise by the purchaser regarding confidentiality of the seller's trade secrets, like customer lists and other sensitive company information. a binding promise by the seller not to negotiate a sale with any other prospective purchaser ...

What is a formal final agreement?

A formal, final agreement is the culmination of the negotiations. It contains all the details of the deal: the price, the terms of the deal, when the business or assets will be turned over, whether they will be held by an escrow agent, and other important items. Usually, the agreement goes through many drafts and is finalized for ...

What is an asset purchase?

Generally, the purchase or sale of an incorporated small business will be in the form of either: an asset purchase, where the buyer purchases some or all of the seller's assets. This transaction is often favored by buyers because you get the assets, like equipment and inventory, without taking on the seller's debts and liabilities. ...

What is the difference between a stock purchase and an asset purchase?

an asset purchase, where the buyer purchases some or all of the seller's assets. This transaction is often favored by buyers because you get the assets, like equipment and inventory, without taking on the seller's debts and liabilities. a stock purchase, where the buyer purchases all or most of the seller's stock and "steps into the shoes" ...

What is a binding promise?

a binding promise by the purchaser regarding confidentiality of the seller's trade secrets, like customer lists and other sensitive company information. a binding promise by the seller not to negotiate a sale with any other prospective purchaser for a certain period of time.

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Structuring Your Business

Protecting Your Personal Assets

Choosing A Name

Protecting Investors

Establishing Ownership Responsibilities

Creating Internal Bylaws

Adhering to Compliance Practices

Making Sure You’Re Covered with Insurance

Creating Vendor Contracts

  • Once your business starts working with vendors, suppliers, clients, or any other third parties, you’ll need written agreements in place to ensure that all parties involved know what to expect. A lawyer can help you draft specifics or at least walk you through the creation of some templates that you can use in common situations.
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Navigating Tax Issues