Do I Need A Business Attorney?

   We are taught in law school and in our legal careers that the answer to every question is, “It depends.” Of course I am bias, but the answer to this question is yes. Yes, you do need a business attorney. This doesn’t mean you have an attorney every day for every decision. It doesn’t mean you spend all of your funds on attorney fees (Rational Unicorn Legal Services is mostly fee based and does offer competitive fees with no mysteries). With your business planning, hiring, ordering, accounting, marketing, training, and hopefully sleeping and showering, you will consider the decisions that need to be made now so later is better.

   From the onset we can discuss not only entity types, but what kinds of government forms, permits, and contracts you may need. Contracts can be for you and other owners or partners (ie. operating or partnership agreement), employees or independent contractors, merchants or vendors. A commercial lease is also a contract. I’m happy to not only consult with you over lease terms you desire, but go with you to meetings with the building’s owner, negotiate the lease with the owner, and make sure we get what you want before we sign anything.

   Or maybe you are already up and running. You have contracts from two years ago when you were at a different location or had a different team and you want me to review or rewrite them. I can advise on and draft not just practical/logistical changes, but can with a fine tooth comb or one of those cool giant magnifying glasses look for anything that may cause liability.

   For example, maybe we should add to your contract a mediation/arbitration clause so that someone who decides to sue you can not first file a court case in the amount of all of your assets (sorry if that sounds as scary as a clown in the gutter giving out red balloons). I can even be your mediator (if both parties agree) and/or represent you as your lawyer on your side in the mediation

   In this great Quick Books article about consulting an attorney, the author Suzanne Kearns writes, “For instance, if you sign a contract without a dispute clause, you might find yourself in a lawsuit when mediation could have solved the issue. In addition, if you have already executed a contract and the other party has breached it, an attorney can point out your options and prevent you from doing something you may not have the legal right to do. For example, you may want to withhold money when the other side breaches, but the contract may not allow that course of action.

   Or what if another company like yours is using your logo? I can learn all of the necessary information and craft a cease and desist letter.  Or a tenant owes you money and prior to any eviction processes, you just want a few collections letters from a friendly, but stern attorney? Or a merchandiser not only owes money but hasn’t provided you either products or a full accounting. I can write a demand letter? Or ask them for assurances that they will in fact perform. You get the point, the world is our oyster or clam or wonderland roller coaster theme park forrest.

     I’m not going to list all of the reasons why you should hire Rational Unicorn Legal Services or any business attorney for that matter, but remember the answer to whether or not you need a business attorney is yes. And first and foremost, you have nothing to lose. I can’t promise substantive legal advice in our first no-cost 30 minute consult. However, I can promise to learn about you and your business. I can promise for us both to come up with possible legal services that would be ideal (not excessive or unneeded), but ideal. Make your consult appointment today. I’m serious, but also fun. I promise. Respecting your desire or not desire for confidentiality and your noise level preferences, we can meet in a drab conference room or at an arcade. It’s honestly up to you.

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Michael Jonas