FAQ

General Questions

Q: Why does my business need a lawyer? A: A business attorney provides proactive legal guidance, helping you make informed decisions from the start. We assist with critical tasks like choosing the right business structure, drafting essential contracts, and ensuring compliance with federal and state regulations, which can help you avoid costly legal disputes and financial penalties down the road.

Q: What should I bring to my initial consultation? A: To make our meeting as productive as possible, please bring any documents relevant to your legal matter. This may include your business plan, any existing contracts or agreements, your business formation paperwork (if applicable), and a list of specific questions or concerns you have.

Business Formation & Structure

Q: What is the best legal structure for my business? A: There is no one-size-fits-all answer. The best legal structure (e.g., Sole Proprietorship, Partnership, LLC, or Corporation) depends on several factors, including your business type, the number of owners, your liability concerns, and your tax situation. We can help you analyze the pros and cons of each to choose the one that best fits your goals and protects your personal assets.

Q: How do I form a Limited Liability Company (LLC)? A: Forming an LLC involves several steps, including choosing and registering a unique business name, filing Articles of Organization with the state, and creating an Operating Agreement. The Operating Agreement is a crucial internal document that defines ownership, management roles, and financial responsibilities. We can guide you through each step to ensure your LLC is properly established.

Contracts & Agreements

Q: Do I need a written contract for my business dealings? A: Absolutely. While verbal agreements may seem convenient, they are often difficult to enforce. A well-drafted written contract is a legally binding document that clearly outlines the terms and expectations of an agreement, protecting your interests and providing a clear path for resolving disputes if they arise.

Q: What is a non-disclosure agreement (NDA)? A: An NDA is a legally enforceable contract that creates a confidential relationship between parties. It ensures that sensitive business information, such as trade secrets, client data, or proprietary processes, remains confidential. NDAs are essential when sharing information with employees, contractors, partners, or investors.

Intellectual Property

Q: How can I protect my business name and logo? A: You can protect your business name, logo, and slogans through trademark registration. A registered trademark gives you exclusive rights to use your brand identifiers in connection with your goods and services. The process involves a thorough search to ensure your mark is not already in use and filing an application with the U.S. Patent and Trademark Office (USPTO).

Q: What is the difference between a copyright, a trademark, and a patent? A: These are distinct forms of intellectual property protection:

• Copyright protects original creative works like books, music, art, and software code.

• Trademark protects brand identifiers like names, logos, and slogans.

• Patent protects new and non-obvious inventions, including processes, machines, and compositions of matter.

Employment Law

Q: What is the difference between an employee and an independent contractor? A: This is a critical distinction with significant legal implications for tax and liability. An employee works under the direct control and supervision of the business, which dictates their hours, tools, and work methods. An independent contractor is generally self-employed, provides their own tools, and controls how they perform their work. Misclassifying workers can lead to severe legal penalties.

Q: Do I need an employee handbook? A: Yes, an employee handbook is a vital tool for communicating your company's policies, expectations, and procedures to your team. It helps ensure consistency, provides a clear record of company rules, and can serve as a legal defense in the event of a dispute. A comprehensive handbook typically covers topics like workplace conduct, safety, anti-discrimination policies, and paid time off.