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  • Why should I hire a business attorney?
    Business attorneys play a vital role in making sure your business is set up for success. They can assist you in properly forming your business and will draft the necessary formation paperwork to give you peace of mind. In addition to forming your business, attorneys can draft or review contracts, create employee handbooks and policies, assist with business or asset purchases, and negotiate with other parties on your behalf. Business attorneys also know the law, ensuring you are protected and in compliance so you can focus on growing your business and helping your local community.
  • What can I expect when I want to schedule a consultation with Wheeler Legal, PLLC?
    When you call Wheeler Legal, you will speak to Amy, our Legal Assistant. She will assist you in scheduling your consultation and completing the intake form. She will also collect the flat, non-refundable consultation fee. Our consultation appointments are phone conversations between you and an Attorney and are generally scheduled on Tuesdays and Thursdays. Should you decide to proceed with our firm’s services after your consultation, we will send you the appropriate engagement paperwork. Once you complete these documents, we will begin working on your file!
  • What types of business should I start?
    It’s important to select the appropriate type of entity in order to meet your specific goals and to comply with state and federal guidelines. Selecting the correct entity type determines how your business will operate and handle situations involving taxes, liabilities, etc. There are several different entity types to choose from, which include: · Partnership · Corporation · Limited Liability Company (LLC) Choosing your business entity without the counsel of a business attorney could spell trouble for you in the future. It’s crucial that you research and consult with an attorney to ensure that you’re selecting the most appropriate entity type for your business.
  • How can I make sure my personal assets are protected?
    Protecting your personal assets is essential and there are several ways you can safeguard them. First, it is important to understand and comply with all state and federal guidelines. Choosing the right type of business entity and setting it up correctly is extremely important. Business owners should also utilize liability waivers when appropriate, especially when your business poses any type of risk to your employees or customers. Another action business owners should take is to constantly review employee situations and update handbooks and policies. Of course, it’s also essential to review all contracts, especially with your attorney, before signing them.
  • What is an Operating Agreement and is it necessary?
    An Operating Agreement outlines how your LLC will be governed. This document is necessary because it allows the members to decide how the business will be run rather than subjecting the LLC to the State’s default rules and laws. It also separates the LLC from the individual members, thus providing asset protection. An Operating Agreement also allows you to outline what should happen if an unexpected event happens that impacts the business, such as the death of a member. This document is not required by law, but it is a crucial part of running your business smoothly and with minimal miscommunication.
  • Can I utilize verbal contracts?
    In some instances verbal contracts are sometimes binding; however, they can be extremely difficult to prove and enforce. Business owners should use good practice and only rely on written contracts. Having a written contract allows all parties to review and edit terms before signing. Business owners should use written contracts with vendors, employees, other businesses, etc. to ensure that terms and responsibilities are clear for all parties involved.
  • What are some major mistakes that business owners should avoid making?
    Navigating the business world, especially as a first-time business owner, can open you up to making major mistakes. Many business owners fail to select the correct entity type and fail to make sure that their preferred names and logos are available for use. Additionally, many mistakes in the business world stem from not using contracts or using insufficient contracts with vague language. Business owners can be so focused on starting their businesses, they also forget to ensure they are following Labor and Employment Laws. Utilizing a business attorney, especially from the early stages of starting your business, can help you avoid making these critical mistakes.
  • How can I shield my business from lawsuits?
    There are many actions business owners can take to protect their business from any potential lawsuits. A major step to take is to use contracts for every type of business relationship you have. This sets clear expectations and protects everyone involved. It’s also imperative to stay aware of employment issues. Assess what’s working or not working and update your employee handbooks accordingly. Making sure that your corporate formalities are in order is also a great way to shield yourself from lawsuits.
  • What is the difference between Independent Contractors and Employees?
    Employees are hired to work on an on-going basis, generally within the typical work hours. Independent contractors are hired to work on an as-needed basis. They are typically self-employed and can work for several different companies at once. The biggest difference is that employers are subjected to more regulations when utilizing employees as opposed to independent contractors. Classifying your workers correctly will help you avoid legal headaches and penalties in the future. A business attorney can help you draft agreements between your workers and ensure that you’re in compliance with regulations.
  • Do I need employee handbooks and policies?
    It is good practice for business owners to have an employee handbook or some sort of employee policies in place. Employee related issues are a major source of liability for businesses and while not required, these tools will better insulate your business from potential lawsuits. Employee handbooks will outline clear guidelines to avoid confusion and miscommunication within your business. This gives business owners protections and allows them to target areas that are vulnerable to legal exposure.
  • Do I need an attorney to help with Trademark Registration?
    Yes, you should use an attorney to assist with trademark registration. There is no simple test to determine if a trademark will be approved and each application is decided on its own facts. The process is extremely complex and time consuming and is accompanied with a non-refundable application fee. You must also comply with all Federal laws and requirements. Additionally, an extensive trademark search must be completed before the application is even filed to identify any potential issues that may occur. An experienced business attorney knows the process and understands how to navigate each step. Investing in a business attorney to complete this process will keep you from experiencing costly legal problems in the future.
  • Does Wheeler Legal, PLLC utilize a software program to communicate securely with clients?
    Yes, Wheeler Legal, PLLC utilizes a case management system called MyCase. This allows the firm to securely communicate with you, upload documents for your review, send invoices, and store notes and contact information regarding your file. Once you become a client, an email will be sent to you so you can create a password to login and activate your portal.
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