One of the questions that I am most frequently asked is, "Do I really need an attorney to set up my own small business or business venture?" The quickest answer I can give is YES. As I will discuss, having an attorney during the formation of your business (at the least) will ensure that you are getting off on the right foot. In this post I will describe the services that we have available and why they could be important to the future success of your dream venture.
Formation
The first key point in developing a business is obviously the formation stage. There are several avenues that a business owner can pursue when starting a business. First, the owner must determine what type of business they are starting. This could be an unregistered sole proprietorship (rarely used anymore), a partnership (or variation, or any of the forms of formal incorporation. Much of this depends on the liability or risk the owner is willing to place on themselves. Also it can depend on the types of tax advantages the owner is looking to achieve or the type of business the owner is looking to open. Generally, you look to what the norm is in that chapter of the business world.
An attorney can help you draft and file the documents necessary to complete proper business formation. For those DIYers out there it is still beneficial to have firm look over any documentation you have prepared to find any mistakes which may stall the process. Our firm does initial review at a much lower rate than we would if we were also preparing the drafts. Some of the items you may have prepared would include:
- State Department Filing
- Company Name Registration
- Partnership/Operating Agreement
- Bylaws
- Filing for Tax ID Number
- Filing for Tax Exempt Status
And the list could go on.
Operation
This is an area that does not get hit on very much when discussing the legal avenues of small businesses; however, it can be one of the most important parts of owning a small business. Whether you are a florist or a photographer the one thing that is incredibly important is that you have an attorney reviewed and enforceable service contract. You see it repeatedly on those afternoon "courtroom" programs that people hire someone to provide a service, but never put it in writing. What ends up happening? Either the service is never provided or the provider never gets paid. It is hard enough in these economic times to start a business. You shouldn't have to worry about getting paid. Much of this anxiety can be laid to rest with an appropriate contract. Again this is something that you can draft yourself, but it is wise to have an attorney (at least) review it because some of your clauses may be unenforceable under the law.
An additional area to watch for and seek the assistance of an attorney is employment contracts or related issues. The area of employment law is growing and has become more contentious as economic pressures increase. Therefore, it is a good idea to have a solid employment contract with your employees or an acknowledgement form that states they are at-will. Classifying an employee clearly is important should that employee get injured (Workers Compensation) or be discharged (Unemployment Benefits).
Liability Protection
The final area of importance for a small business is liability protection. Much of this area can be covered by the efficient and smart filing of certain types of business entities (LLC, LLP, etc.). Additionally, most if not all business carry some form of business insurance to protect themselves from liability to others in case of an accident or claim. However, it is always nice to have an attorney that knows your business (from formation to filed claim) to help expedite any issues that may arise. Generally, an insurance provider with assign an attorney to the business; however, that attorney is looking out for the interests of the insurance company and may not do what is best for you or your business. Having an attorney on retainer or that is familiar with you will allow you to have your opinions and feelings represented to the insurer and the claimant. As part of our continuing support for our small business clients we physically visit the businesses to discuss any issues that they may have. Also while at the business we would do a walk-through in order to point out any areas which may expose the business to liability. We want our businesses to be a safe environment for the owners, employees, and their customers.
We have special rates for our small business clients. As stated above there are couple things we do differently from other firms to provide the highest level of service to our business clients. In particular we like to frequent our clients' businesses as patrons and advisers to help their continuing success. If you have any questions or would like to know more please contact our office at 610.945.1790.
Wednesday, February 1, 2012
Friday, January 20, 2012
How to Establish Your Firm
It has been some time since I have posted so I thought to myself "Why haven't you posted?" My answer, I have been busy trying to "establish" my firm in my local community.
There are scads and piles of articles that will tell you how to market your services and your firm. Many have switched to a complete online marketing program. Others keep it "Old School" and only advertise in print. However, when I think of marketing I think of getting your name out to the largest number of your selected targets as possible. Today, that obviously means to many young lawyers that we have to turn to and rely on social media as a way to network and name drop. Yet, it seems to me that these are limited to a certain extent because these types of media generally only reach those that already know you exist. And while it is a great tool to keep friends, family and past clients up to date on your firm (and keep your firm planted in their head), it may not produce the results that everyone says its going to.
Another form, the firm website. There are many places that will go out of their way to try and build a site for you, but it will come at a premium and it will be very simplistic. I say this because now-a-days most people are capable of entering text into a box, which is what most web-based creation platforms are (a.k.a. WYSIWYG [what you see is what you get]). So I say skip the service and do a little research. In example, www.yooandosborne.com was a domain that my partner and I purchased and then had hosted for free by www.wordpress.com. It cost us $17. Next year it will cost us another $17. Now with that being said our site is simple and clean. There are some restrictions, but mostly prospects want to see clear information and don't want to have to dig to find it and that is what a simple wordpress.com site can offer. Additionally, once you purchase the domain name you can create FREE Google Business accounts so that you are not using some @gmail or @hotmail tags on your business cards. Its the little things, trust me.
I am not going to go into the pros and cons of print advertising because it is such a gambit or failure and success that it is hard to gauge sometimes. We can receive many phone calls, but land one prospect. So its up to you what the definition of success is.
The last (and most interesting) type of advertising we now see is the deal promotion (sites such as Groupon, Google Coupon, Living Social, etc.). Recently, there has been an uproar in the legal community about the use of the above services too attract clients. Only a few states have weighed in on the issue. North Carolina , for example, has outlawed the practice of using a Groupon by stating its a violation of their professional responsibility rules. Specifically, they believe that paying Groupon is essentially share legal fees with a non-practitioner (which is strictly forbidden). Missouri on the other hand has decided the practice is allowable and equates it to paying an advertiser for exposure. Although the lines are not clear on this right now, I thinkk we will begin to see a push for answers. Many vendors say that Groupon is a bad deal because you pay half of what you make back to Groupon; however, they fail to understand that in a populated region a firm's deal may be published directly to 100,000 e-mail addresses simply because people have signed up for notifications. Even if prospects don't purchase the deal, the prospect still sees the firm's name and may call for a legal issue outside the scope of the deal/bargain.
I would like your take/comments on this issue. Do you think it is ethical for attorney's to offer a deal/bargain on one of their services? LET ME KNOW!
Thursday, January 5, 2012
Planning For The Future In 2012
Written By: Scott Yoo, Esq.
What is a Will?
A will gives directions as to how you want anything
you own distributed at the time of your death. The will names an executor,
whose job is to carry out the instructions contained in the will. The will may
appoint guardians for minors who will receive property under the will. The will
is the last chance a person has to speak to his or her family. A will can
remind people of how important they were to the deceased and of how much they
were cared for.
What happens if I don’t have a Will?
If you die without a will, you run the risk of the
court making decisions that are not in accordance with your wishes.
Pennsylvania Intestate Law directs who will be the beneficiaries of your estate
regardless of any special needs of persons you might like to benefit. For
instance, in Pennsylvania, the surviving husband or wife is entitled to only
one half the individually owned assets of a deceased spouse and the rest of the
assets pass to the children. That means that the children get on half of your
property and your husband or wife is still responsible for raising them. In
this case, your husband or wife has no control over the children’s half of your
property. If you are married and want your husband or wife to own everything
after your death, it is usually a good idea to have a will that says that to
avoid confusion and surprise. If you have no children, your husband or wife
will have to share your estate with your parents, brothers and sisters, or
nephews and nieces. If you have a partner but are not married, your partner has
no right to your property. Similar conflicts can arise between separated
spouses and between half brothers and sisters. If you have no close family, the
intestacy rules can give rise to complications. The costs involved in resolving
the complications can be very high. If you wish to donate any part of your body
for medical purposes, your will can state that. Even if you think that your
estate would not be very large, you can save your relative and friends a lot of
anxiety and confusion following your death by making a will which sets out your
wishes as to the distribution of your estate.
If you do not have a will, you will have no choice
over who will settle your estate or serve as guardians of minors. A will saves
your estate unnecessary expenses. Under the law, the Register of Wills and
Orphans’ Court will make choices for you and your estate may have to post a
bond which will be an additional expense to your estate. Specific instructions in the will may
spare the estate the expense of obtaining special court orders.
What is a Durable Power of Attorney?
A durable power of attorney
is an essential legal document. It give another person the power and right to
make financial decisions on your behalf in the event that you are not able to
do so. Making a durable
power of attorney ensures that someone you trust will manage the many
practical, financial tasks that will arise if you become incapacitated. For
example, your agent will make sure your bills are paid, bank deposits are made,
and will be able to handle your insurance and benefits paperwork. Many other
matters may need attention as well, from handling property repairs to managing
investments or a small business. There are significant limits, however, on your
spouse's right to sell property owned by both of you. For example, in most
states, both spouses must agree to the sale of co-owned real estate or cars.
Because an incapacitated spouse can't consent to such a sale, the other
spouse's hands are tied. When it comes to property that belongs only to you,
your spouse has no legal authority without a durable power of attorney. In most
cases, a durable power of attorney for finances is the best way to take care of
tasks like these. If you don't have a durable power of attorney and you become
incapacitated, your relatives or other loved ones will have to ask a judge to
name someone to manage your financial affairs. The person appointed by the
judge may not be the person you trust or want to handle your financial affairs.
Court proceedings can be expensive and
embarrassing. Your loved ones must ask the court to rule that you cannot take
care of your own affairs. These proceedings are matters of public record when
it entails private matters. In some places, a notice may even be published in a
local newspaper. If relatives fight over who is to be the conservator or
guardian, the proceedings will surely become even more disagreeable, sometimes
downright nasty. Costs will begin to add up, especially if lawyers must be
hired. In order to avoid confusion and
embarrassment at a stressful time, a durable power of attorney should be made
in advance.
What is a Medical Power of Attorney?
A medical power of
attorney sets forth your wishes regarding the withholding or withdrawal of all
medical treatment and procedures, in the event that your are incapacitated or
terminally ill. A medical power
of attorney can allow the designated party to make health care decisions on
your behalf. You can give direction to your agent as to what medical treatments
and procedures you would like and which you do not want to be performed on you.
At a stressful time, a medical power of attorney can save the family from a lot
of heartache from being unsure of your wants.
***Estate Planning
Campaign***
Simple Wills
Individuals
- $425
Spouses
- $750
Durable Power of Attorney &
Medical Power of Attorney
Individuals
- $100
Spouses
- $150
***Call and Schedule an Appointment
– Free Consultation***
Yoo & Osborne, PLLC
Law Firm
610.945.1790 or contact@yooandosborne.com
***1/5/2012
– 2/29/2012***
***Limited
to First 30 Clients***
Monday, December 12, 2011
Immigration Law and the Ever Expanding Debate
Now that my firm is up and running, my law partner and I have started to see a very large trend in connection with the type of inquiries we receive. As you can probably guess by the heading of this particular post, many of the inquiries we get are regarding immigration issues.
We have generally received calls on two main areas of immigration law:
1. Removal Cases; and
2. Visa/Green Card Cases.
What is very interesting to me is that the processes for these types of cases is completely different from one and other. I will start by discussing the Removal cases first then move on to an abbreviated explanation of the Visa process.
Removal Cases
The process of removal has changed in the last few years. This can be attributed mainly as a security enhancement due to the effects of 9/11. However, with the change it has become increasing difficult to be a permanent or any visa'd alien in this country. Mainly because any felony now may result in the initiation of a removal proceeding. This is the case even in situations where the resident has been a law abiding citizen for many many years.
The process itself is similar to any other trial. The alien receives a notice that DHS (Homeland Security) has initiated removal proceedings and that the alien must show up for a Master Calender Hearing. At this hearing the alien is made aware of the ability to receive legal counsel, the legal assertions for removal by the DHS, and the schedule of the proceedings hearings. The trial-like proceedings continue to prove or disprove the alien's removal status.
One of the most popular options in the past to beat these proceedings was citizenship through marriage. However, this process has been made incredibly difficult for many as well. The burden of proof on the couple (and especially the alien in removal) is a bonafide relationship as proven by "clear and convincing" evidence. For the lay person this is essentially the highest evidentiary burden in existence. Therefore, it is pertinent that someone making this argument has direct evidence or shared living, bank accounts, etc. Without these forms of evidence it is more likely than not that DHS will refuse to grant the marriage petition.
Moving on...
Visas/Green Cards
The Visa process has also become more difficult to navigate since 9/11. In many ways, the rules have gotten tighter for those looking to receive entrance. For instance, family members are now sorted into categories of preference when it comes to visa issuance. To obtain an immigrant visa for a cousin is much more difficult than getting one for someone's mother. Additionally, the process, fees, forms, and documentation of support are often misleading and confusing. For example, most accepted initial petitions are then followed by a fee and filing of an affidavit of support. However, there are an upwards of 5 to 6 documents promulgated by the USCIS (who is in charge of immigration) entitled "Affidavit of Support." This makes the process difficult for someone who has little education or, as in many cases, zero understanding of the confusing requirements.
Therefore, my suggestion (even though semi-self-serving) is that you seek legal help with these matters because what may seem simple at first glance can become a mountain of paperwork. With the help of an attorney the process can be broken down into explainable chunks.
We have generally received calls on two main areas of immigration law:
1. Removal Cases; and
2. Visa/Green Card Cases.
What is very interesting to me is that the processes for these types of cases is completely different from one and other. I will start by discussing the Removal cases first then move on to an abbreviated explanation of the Visa process.
Removal Cases
The process of removal has changed in the last few years. This can be attributed mainly as a security enhancement due to the effects of 9/11. However, with the change it has become increasing difficult to be a permanent or any visa'd alien in this country. Mainly because any felony now may result in the initiation of a removal proceeding. This is the case even in situations where the resident has been a law abiding citizen for many many years.
The process itself is similar to any other trial. The alien receives a notice that DHS (Homeland Security) has initiated removal proceedings and that the alien must show up for a Master Calender Hearing. At this hearing the alien is made aware of the ability to receive legal counsel, the legal assertions for removal by the DHS, and the schedule of the proceedings hearings. The trial-like proceedings continue to prove or disprove the alien's removal status.
One of the most popular options in the past to beat these proceedings was citizenship through marriage. However, this process has been made incredibly difficult for many as well. The burden of proof on the couple (and especially the alien in removal) is a bonafide relationship as proven by "clear and convincing" evidence. For the lay person this is essentially the highest evidentiary burden in existence. Therefore, it is pertinent that someone making this argument has direct evidence or shared living, bank accounts, etc. Without these forms of evidence it is more likely than not that DHS will refuse to grant the marriage petition.
Moving on...
Visas/Green Cards
The Visa process has also become more difficult to navigate since 9/11. In many ways, the rules have gotten tighter for those looking to receive entrance. For instance, family members are now sorted into categories of preference when it comes to visa issuance. To obtain an immigrant visa for a cousin is much more difficult than getting one for someone's mother. Additionally, the process, fees, forms, and documentation of support are often misleading and confusing. For example, most accepted initial petitions are then followed by a fee and filing of an affidavit of support. However, there are an upwards of 5 to 6 documents promulgated by the USCIS (who is in charge of immigration) entitled "Affidavit of Support." This makes the process difficult for someone who has little education or, as in many cases, zero understanding of the confusing requirements.
Therefore, my suggestion (even though semi-self-serving) is that you seek legal help with these matters because what may seem simple at first glance can become a mountain of paperwork. With the help of an attorney the process can be broken down into explainable chunks.
Tuesday, November 29, 2011
Back In The Saddle
Well... it has been a very long time since I have sat down and written anything for this blog. This can be attributed to a number of things.
First, I got married last month (exactly to this day) to the love of my life who has been supportive of my decision to open a practice out of law school.
Second, I went a 10 day honeymoon with my wife to the paradise of Belize which I suggest to anyone who is willing to give it a try. However, it was after I returned from the trip that things began to run at light-speed. Before I had left my law partner and I had managed to get the shell of our firm set up. This included filing for and EIN and tax ID, filling for incorporation, developing a business plan, and submitting applications for financing or credit.
Everything was going great except that banks were unwilling to loan a start-up law firm ANY amount of money. In retrospect, Scott (my law partner) and I were asking for a pittance, but that didn't matter. Two brand spanking new attorneys were not going to receive any bank assistance unless they were able to put up a 1/4 of the start-up costs on their own. So after battling with banks over that for a couple of weeks we decided to start with what we had.
I am proud to say that, despite the ups and down over the last two months, Yoo & Osborne, PLLC is open for business. We are now launching a marketing plan that will cover a number of different demographics in our geographic area. Our firm can handle any case that a small firm is equipped for including, but not limited to, DUI defense, family matters, business planning, wills/estates, and other civil matters.
Again, I would like to thank everyone for their support through this entire process especially my wife Shirley and law partner Scott.
Be on the alert for more blog posts in the coming days.
First, I got married last month (exactly to this day) to the love of my life who has been supportive of my decision to open a practice out of law school.
Second, I went a 10 day honeymoon with my wife to the paradise of Belize which I suggest to anyone who is willing to give it a try. However, it was after I returned from the trip that things began to run at light-speed. Before I had left my law partner and I had managed to get the shell of our firm set up. This included filing for and EIN and tax ID, filling for incorporation, developing a business plan, and submitting applications for financing or credit.
Everything was going great except that banks were unwilling to loan a start-up law firm ANY amount of money. In retrospect, Scott (my law partner) and I were asking for a pittance, but that didn't matter. Two brand spanking new attorneys were not going to receive any bank assistance unless they were able to put up a 1/4 of the start-up costs on their own. So after battling with banks over that for a couple of weeks we decided to start with what we had.
I am proud to say that, despite the ups and down over the last two months, Yoo & Osborne, PLLC is open for business. We are now launching a marketing plan that will cover a number of different demographics in our geographic area. Our firm can handle any case that a small firm is equipped for including, but not limited to, DUI defense, family matters, business planning, wills/estates, and other civil matters.
Again, I would like to thank everyone for their support through this entire process especially my wife Shirley and law partner Scott.
Be on the alert for more blog posts in the coming days.
Friday, August 26, 2011
Can We Hold Criminals Liable For Investigatory Expenses?
Okay, it is very likely that I will take a large amount of flak for this post. I have prepared to get more hate e-mail like I did the day of the trial, but this post will focus on some developments in the Case Anthony trial (I know I will spare whipping the overkilled horse...trust me). While many of you know my views on our justice system and the outcome of her trial I just found an interesting report stating that the state of Florida is, in fact, suing Anthony for the reimbursement of investigatory services linked to searching for her daughter. You can see the story here.
If you read the story you see that the state is making a claim against Ms. Anthony for $293,123.77. And if you have any sense of how the legal system works you must be scratching your head like I did. Does Florida honestly believe she is going to pay this? At a minimum this is just an act to drain Anthony of any funds she may get from appearances, book deals, or a movie 9all of which have been proposed).
However, before she has to pay a judge will have to rule on the merits of the case and issue a judgement in favor of the state. MARK MY WORDS, any judge that issues that type of judgment will likely quit his/her job because it is political and public suicide. Not to mention the appeal-ability of this type of claim. I have done some research and was unable to find any state or federal precedent for this type of suit. Florida is trying to support its case by pointing to Anthony's convictions as a miscarriage and inhibition of the investigation leading to the exorbitant expenses. Yet, being that this case is unsupported by LAW it is very likely this claim will be tied up in the appellate courts for a very long time.
Alternatively, and additionally, do we really want the police to succeed on these types of claims? By allowing this form of restitution it may be that the police are just getting double paid for something they were under a duty to do in the first place. Again, this seems like a case where the state is attempting to capitalize on Anthony's projected fame.
I will be watching this issue pretty closely because it will open a HUGE can of worms for "celebrity bad boys and girls." The court appearance on the issue is slated for September 2, 2011.
If you read the story you see that the state is making a claim against Ms. Anthony for $293,123.77. And if you have any sense of how the legal system works you must be scratching your head like I did. Does Florida honestly believe she is going to pay this? At a minimum this is just an act to drain Anthony of any funds she may get from appearances, book deals, or a movie 9all of which have been proposed).
However, before she has to pay a judge will have to rule on the merits of the case and issue a judgement in favor of the state. MARK MY WORDS, any judge that issues that type of judgment will likely quit his/her job because it is political and public suicide. Not to mention the appeal-ability of this type of claim. I have done some research and was unable to find any state or federal precedent for this type of suit. Florida is trying to support its case by pointing to Anthony's convictions as a miscarriage and inhibition of the investigation leading to the exorbitant expenses. Yet, being that this case is unsupported by LAW it is very likely this claim will be tied up in the appellate courts for a very long time.
Alternatively, and additionally, do we really want the police to succeed on these types of claims? By allowing this form of restitution it may be that the police are just getting double paid for something they were under a duty to do in the first place. Again, this seems like a case where the state is attempting to capitalize on Anthony's projected fame.
I will be watching this issue pretty closely because it will open a HUGE can of worms for "celebrity bad boys and girls." The court appearance on the issue is slated for September 2, 2011.
Tuesday, August 23, 2011
Can Teenage Driving Laws Prevent Tragedy?
I would like to begin this post by saying that the following topic is the result of a close-to-home tragedy that occurred just over the river in Linwood, NJ. Some of you may know that a recent roll over car accident cost Linwood four high school football players. My heart and prayers are with the families of the players and the community at Linwood. An article about the players can be found on Sports Illustrated.
This brings me to the point of this article. Should there be teenage driving laws that restrict the number of passengers that a teenager may have in a vehicle while behind the wheel? This issue has been particularly hot lately and I personally have heard of proposed legislation in three states (New York, Pennsylvania, and Michigan). Currently each of these states have what I'll describe as an age cap ban which allows others 18 or 21 and older to ride plus an additional under 18 passenger. However, in New Jersey the only exception to the law is passengers that are dependents of the teenage driver.
In the Linwood case, there were eight passengers all under the age of 18; therefore, in violation of New Jersey law. However, from what I understand the cause of the accident is still in the wind (unknown). Commentators are not willing to say what everyone in the state legislature had lobbied. That is that the cause was too many distractions due to the number of teenagers in the vehicle. Personally, I think it is respectful not to criticize the actions of the deceased, but then how do we really tackle this issue.
Out of personal experiences (and the fact that I am not that far removed from teen-hood) I can tell you that there have been times when I have been distracted by friends in my car. Interestingly though, is that in the few accidents I have been in, I have never had another passenger in the car. For this reason alone, I feel that laws prohibiting the number of teen passenger in a vehicle operated by a teenager is practically worthless.
Additionally, if we look at other laws passed for traffic safety as a deterrent for certain vehicular activity we find that many laws are not followed closely. Cruising at 5 m.p.h. over the speed limit has become acceptable, talking and texting while driving, and even drinking then driving are all enforceable legislation, but seem to lack bite. Instead, we continue to see rising levels in fatal car accidents.
I don't believe the tragedy in Linwood could have been prevented by having less passengers in the vehicle, but does this mean the law in place was ineffective? You tell me.
Subscribe to:
Posts (Atom)