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Posts Tagged ‘Business Attorneys’

Do You Have a Competent Business Attorney?

Saturday, January 22nd, 2011

Finding a good business attorney may be more difficult than it sounds. While it is possible to open the phone book and pick the first corporate litigation or business lawyer you see, that is often times not the best choice. The right business attorney for your company will most likely come from a referral or information service offered by the local bar association. These organizations specialize in providing businesses with corporate attorneys that best match their needs. Usually, the bar association will set up a free initial consultation with an attorney or provide you with free referrals to business lawyers that specialize in your particular area of business and is better equipped to handle your needs.

Researching corporate lawyers on the Internet is another method of finding the right business attorney, but you have to take the time to research each firm. Like searching through the phone book, there are many attorneys who label themselves as “business lawyer” or “corporate attorney,” but they may not have the specific qualifications, knowledge and experience you’re looking for. Make sure the business attorney you contact has real-world experience with legal business issues that are similar to yours.

You can also find business attorney referral websites, which sometimes offer free referrals to corporate lawyers in your area. Simply enter the search terms like “business attorney,” “starting a corporation” or “corporate litigator” and the referral service will list the best matches for you. It may take some time to receive the results, but once you have found a business lawyer that appears to be right for you, you can set up a consultation. Be sure to check with your local chamber of commerce and/or the Better Business Bureau before your face-to-face meeting. Find out if the business attorney has any complaints against them.

During the consultation, you can ask more in depth and specific questions to make sure the business attorney has the right experience and qualifications to be retained for your company. Find out exactly what the lawyer’s specialty is and if it is an area in which you need legal assistance.

After all, you will be spending a lot of time with the lawyer and they will be privy to the inner workings of your company. Having a business attorney you trust will help navigate your company through rough legal waters and get you through with an outcome that is most beneficial to your business.

At Howard, Stallings, From & Hutson, P.A., they are dedicated to helping their individual and business clients achieve success, avoid legal problems, and reach practical solutions to their legal needs. Since their firm was established in 1983, they have followed high legal and ethical standards and maintained a tradition of excellence, characterized by personal, responsive service to clients. Their attorneys provide a broad array of commercial and personal legal services. Business clients come to them to organize corporations, partnerships or LLCs, and they continue to assist them with ownership, governance, employment issues and business transactions such as buying, financing and leasing real estate. As clients expand, they help them acquire or merge with other companies, or sell their businesses, as the case may be.

With offices in Raleigh and New Bern, they are convenient to clients in the Triangle area and throughout North Carolina. From the Capitol to the Coast, their lawyers are there when and where you need them. If you would like to speak to an attorney at Howard, Stallings, From & Hutson, call them or complete their quick web contact form.

Business Litigation Attorney in Miami, Florida

Monday, March 30th, 2009

Every business needs legal counsel and hiring a proven business attorney to advocate for and protect the interests of your company saves money and brings peace of mind. There are an unlimited number of situations in South Florida’s commercial environment that involve business and legal procedures, but the panorama can be broken down into traditional categories.

Whether the subject matter involves services or goods, agreements are an indispensible component to business transactions. In fact, it is no exaggeration to say that the art of drafting and interpreting contracts is the foundation of all business law.

One of the major functions of the business law practitioner is to provide comprehensive and accurate review of the provisions to an agreement and ensure that the parties understand the terms of the transaction into which they are entering. Similarly, a trained business attorney is skilled at listening to the parties and writing contractual clauses that clearly and precisely reflect their intentions. The attorney’s ability to accomplish these tasks directly bears on both the likelihood of disputes arising between the parties down the road and the possibility of incurring penalties as a result of non-compliance with rules and regulations.

Bear in mind that parties to an agreement will always have at least some adverse interests. Accordingly, in most instances contracts should be reviewed, negotiated, and/or drafted by separate counsel representing each party individually. The reality is that the party with the more skilled business lawyer is likely to come away with certain advantages.

Another real-life consideration is the business attorney’s demeanor. Business negotiations are a very delicate matter. One of the fears business professionals have is that after they have laid the groundwork for a business relationship with another party, their attorney will show up and wreck the deal by aggressively seeking more favorable terms and/or by bringing up issues that lead to conflict. To be fair to the attorney, he or she is only trying to look out for the client in this situation. However, the bottom line for the client in such a case is that the deal is gone. It requires a certain amount of wisdom and grace on the part of business counsel to ascertain the situation, weigh the consequences of making certain statements against not making them, and choose the appropriate comportment in order to walk the fine line that leads to true advocacy of the client.

The subject of business litigation is one that must be fully and frankly considered since business ventures and business relationships often do not work out as planned. Some business attorneys focus their practice on litigation and dispute resolution. Such practitioners are business litigators, and they have a different skill set from the transactional lawyers that draft and negotiate contracts.

First, the steps involved in litigation are complex, and failure to following proper procedures invariably leads to delay, expense, and/or defeat. To further complicate matters, there are several different codes of civil procedure that apply depending upon the issue, amount in controversy, and the county. Many times you may need a business attorney just to determine in which courthouse to file the lawsuit.

A business litigator knows the correct legal forms to use and the proper procedures for each courthouse. Also, the litigator is adept at presenting the facts of the case and the legal support for the client’s claim both on paper, in the form of a pleading, and before a judge, in the form of oral arguments. Each of these can be daunting tasks for a business professional without legal training and experience. Where the amount of money in question is relatively small, the business professional may bring the matter in Small Claims Court prose, where some judges may have more patience with non-lawyers. Many times, however, it is a bad idea to go into even a small claims matter without a qualified business attorney. Some judges dislike non-lawyers representing themselves or their companies because they invariably make mistakes and end up wasting the court’s time. Once the amount in controversy gets over a certain limit, the court will require that business entities be represented by legal counsel and failure to do so will mean losing the case.

Hence finding a business attorney is really essential for your business. If you are in Miami, the commercial litigation law firm Payton & Associates, LLC is available to help your litigation. The firm is led by Harry A. Payton, one of a small percentage of attorneys who is Florida Bar Board Certified in the specialties of business litigation and civil trial. More than 4000 lawyers in Florida are board certified; and Payton is one of only 205 that are certified in both civil trial and business litigation.

Payton & Associates is committed to achieving the best results for clients by approaching litigation with common sense, adhering to the highest professional and ethical standards, and providing services of value. Payton & Associates believes that professionalism is as important to every lawyer’s stature as is technical skill. The business litigation lawyers have earned a reputation for excellence and integrity.

A distinguishing characteristic of this firm is the creative and innovative approach to the business of business litigation. Payton & Associates focuses on effective litigation strategies and the importance of what constitutes a successful outcome in litigation. Payton & Associates applies common sense, fairness, and flexible billing arrangements to ensure that the clients receive value for the services it renders.

When the need arises, a business litigation lawyer can represent you in any legal proceeding that may arise from any lawsuit against you or your business.