If you are getting ready to start a new business, or if you have already done so, it is important that you understand the areas where business and law intersect and rely on one another. There are a wide variety of potential legal situations that business owners might find themselves in when starting a business or growing an existing one. Because the average person might not be aware of the minute details of business law, they could end up facing severe financial consequences.
The best way to properly protect yourself from legal liability is by hiring or consulting with a business lawyer. However it is also important that you learn about the general concepts of business and law, so you will be able to know when you need legal protection. If you want to adequately protect yourself and your new business, here are some things you should understand about business and law, and why the two should go hand-in-hand.
Starting a Business
Starting, running or growing a business can be a very exciting venture. Unfortunately many people are so eager to get up and running that they often overlook very important legal aspects of starting their business. And because of the nature of a new business, even if legal issues are known, the business owners might not have enough financial resources to obtain legal assistance.
No business is exempt from the potential of being faced with some common legal problems, including discrimination or harassment claims, dissatisfied customers, patent or copyright issues, disgruntled employees, and many other legal issues. If large and small companies alike do not have the help of experienced business lawyers on their side, they could end up mishandling certain situations and facing disastrous consequences. Even seemingly minor legal issues could quickly spiral out of control if they are not handled properly by someone who is familiar with the ins and outs of corporate law.
Even the most optimistic business owners can find their lives turned upside-down by a single harassment claim by a disgruntled employee or a claim of errors and omissions by a customer. In some situations, business owners may unwittingly admit to something they are not guilty of just to calm down an angry customer or employee.
These risks should not dissuade people from starting businesses, but should instead serve as examples of what could occur if the proper precautions are not taken.
Legal Considerations
When you start a business and are offering goods or services to a particular market, there is always the possibility that a transaction could go wrong, that a customer or employee could feel they have been wronged, or that a contractual agreement may fall apart. In these situations, it is crucial that you and your assets are protected. An important step in running a business is choosing the proper legal entity that it should be. Different entities have different levels of protection, shielding individuals from liability, offering different tax benefits and establishing roles between partners. Another step in protecting yourself is obtaining and implementing the proper type of insurance, that might be relied on if a particular dispute arises.
Other legal considerations of running a business involve the use of clear contracts between you and those you do business with. One of the biggest causes of business disputes is where two parties are involved in a business arrangement, end up disagreeing what that arrangement is, and either have an inadequate contract, or no contract at all that describes each of their obligations. Individuals and businesses can lose large amounts of money simply because they failed to properly define their legal obligations and put a contract in place.
Business Attorneys
At any time during their operation, both small companies and large corporate entities can be faced with unexpected legal issues that they are simply not prepared for. One of the best ways to prevent such dangers, and to protect yourself if a dispute arises, is to hire or consult with a specialized business lawyer.
A lawyer who is experience in the areas of business law will be able to help you avoid potential liability in the future, and can help defend or enforce your business against others if a dispute arises. If you want to make sure that your company is able to reach its full potential without being sidetracked by legal problems, you can significantly increase your chances of success by hiring an experienced lawyer.
As long as businesses continue to exist, there will always be the need for competent legal protection. Make the smart move for the future of your business by hiring a qualified lawyer to make sure your company is always represented and prepared for unexpected legal situations.
Business and Law
The areas of business and law are intrinsically connected and will always go hand in hand. Our legal system has many regulations and laws in place to govern those operating a business, and it is important to have at least a basic understanding of the legal implications of starting a business. With a little research, basic knowledge, and ideally help from specialized business litigation lawyers, you can continue to grow your business while implementing best practice strategies, and protecting yourself, employees and customers at the same time.
Kohler Legal is a San Diego based business law firm, providing legal services for entrepreneurs, startups and small businesses. Our of business attorneys provide personalized services for small and medium sized businesses, including entity formation, contract drafting, intellectual property protection, trademark or copyright registration, and other business transactions and disputes. If you have questions about starting or growing a business, or need representation in a business related dispute, please call us today for a free consultation at (619) 880-6655.
