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Contracts

If you are a small-business owner, contacting a lawyer is often a scary proposition. It appears to be costly and only a little bit comes back in return. Legal advice and guidance in varied forms is vital to any small business. It is true that you will get a bill. However, hiring an attorney doesn’t have to break the bank.
Here are six business reasons why your company may benefit from the involvement of an attorney:

1. You’re starting a business.

Most businesses decide to start running their business before ever calling a lawyer for legal advice. Don’ make the same mistake. Before you receive a penny, contact a lawyer to review your business structure, legal ramifications and other elements designed to protect your business and help it flourish.  Remember than a lawyer isn’t someone you go to just when you have a trouble.
2. Check your contracts.

Make sure that any contracts that you have are in writing. Oral contracts often mean an unpleasant lawsuit later.  It is important for an attorney to review every contract you use in your business, both with customers as well as suppliers – or draw up suitable contracts if none are in place.

3. Check if any money is owed.

With the economy in poor shape, it has been more difficult to collect money owed to you. An attorney can help by devising a course of action to collect any funds.  In the alternative, if you any money a lawyer can often provide defenses and negotiate on your behalf.
4. Begin to draw on your wealth.

An experienced estate attorney also is essential in setting programs to fund retirement from the proceeds that come from the business. In my experience, many entrepreneurs start late and wait till their 50’s to start an estate plan. An attorney can help you start taking the wealth out of the business now to fund your retirement.

5. Plan for your retirement.

You probably want your business to continue when your retire. A business attorney can address succession.

6. Resolve a business dispute.

Just hiring an attorney will signal that you mean business. Hiring a lawyer early may help you avoid lengthy and costly court action.
Don’t fear the cost.

Legal advice costs money. But it doesn’t need to be as prohibitively expensive as you might fear. Some matters can be handled on as-needed basis and you may not need to a large retainer.

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Breach of contract occurs when a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party’s performance. If the party does not fulfill his contractual promise, or has given information to the other side that he will not perform his duty as mentioned in the contract or if by his action and conduct he seems to be unable to perform the contract, that party is said to breach the contract.

An example of a breach of contract lawsuit is when a web designer that you hired failed to deliver the new web 2.0 apps on your website as agreed to in your written contract failed to deliver your app. What should you do?  First you should see whether the other side has any defenses. Should you call a lawyer and start a lawsuit?

Below, is quick guide that summarizes the basic steps, legal process and expenses of a breach of contract lawsuit.

Legal Steps:

1. Prove existence of Agreement;

2. Prove breach of Agreement (failure on one side to perform or pay);

3. Prove damages due to breach (loss of profit, damage to business).

Legal Process:

1. File Complaint with the Court;

2. Defendant answers the Complaint, and could start a counterclaim;

3. Period of Discovery which are oral and written questions from each side. Interrogatories and Bills of Particulars are written discovery. Depositions are discovery interviews.

4. Discovery conferences. For example, in New York County, you will have a preliminary conference and a series of compliance, status and settlement conferences.

5. Motions requesting certain relief. For example, a party may make a summary judgment motion if they believe that there are no issues of fact and that they are entitled to judgment as a matter of law.

6. Trial

Expenses:

1. Timeframe: Between 1 and 5 years.

2. Retainer: A common breach of contract retainer is between $5 and $20 thousand dollars.

3. Court costs: Between $500 and $10,0000.00.

4. If a case proceeds to trial, $20-$100,000 is not uncommon.

If you have any questions regarding a breach of contract, contact me at the Law Office of Frederic R. Abramson at 212-233-0666

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Ten Things you must know before entering into a contract

by Fred Abramson May 13, 2009 Business Law

While litigation may sometimes be your only recourse, many times it is a result of signing a bad contract or not fully examining the contract you have signed. Here are ten things to know before entering into a contract that can help protect your business and your assets:

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Why you should never use legal documents found on the internet

by Fred Abramson April 28, 2009 Business Law

1. If you copy a form from the Internet, you have no idea who drafted it. In all likelihood, the business owner acted as his or her own legal counsel and simply copied the terms of the contract from other forms from the Internet.
2. The [...]

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23 Legal Issues for Start-ups and Businesses

by Fred Abramson April 14, 2009 Business Law

Do you have that entrepreneurial drive? It takes more than a great idea to start a new business and keep it running. Unfortunately, entrepreneurs and business owners are often confused about the legal aspects involved in running a business. Below is a list of 23 legal issue’s for both start-ups and businesses that should be discussed with an attorney.

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Is a Handshake Agreement Enough to Protect You?

by Fred Abramson March 5, 2009 Business Law

You worked out all the details, and you shook hands on the deal, but there is no written contract. Is that enough to protect you and the agreements you think you have in place? The answer is “it depends”.

Many contracts do not need to be in writing. However, those that fall under the [...]

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Legal Reasons For Keeping Email

by Fred Abramson February 17, 2009 Business Law

Your email box is probably stuffed with e-mails. We all know that the Nigerian Money Letter is spam and can be deleted (sorry). But what should you do with your business emails? My advice: keep all email correspondence for 5 years.  Here’s why:  potential litigation.  Email is powerful evidence in court. [...]

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