Sunday, August 12, 2012

Never Be Without a Small Business Lawyer

By Ella Gebhart


People have always longed to be self-employed or to own their own business. With unemployment still on the rise, it has become even more popular. Many small business owners start out strong, but do not make it through the first year. Those succesfully strutting through the first year do not make it much longer after that.

Many things factor into who is successful and who isn't. Legal situations are one of the many traps new business owners fall into. Consider having a small business lawyer if you really want your new business to succeed. If you are already up and running, consider getting one to keep things running smoothly. There are many reasons to hire a lawyer.

Making sure you are incorporated properly will serve you well. Your legal responsibilities as a business will vary depending on whether you are a sole proprietor, s-corporation, or LLC. A lawyer will guide you through the incorporation process and may even help your business save money.

Although no one likes to mention it, businesses are sued all the time. Sometimes the situation is one of neglect. In other situations, maybe poor judgment played a role. It is highly likely that your company did not do anything wrong. Either way, if you end up in court, it is always a good thing to have a relationship already established with a small business lawyer. If it was a simple mishap, they are able to eliminate the situation altogether or at least reduce the amount of money you must pay.

There are also a number of online businesses that have evolved over the years. Although they have additional legal requirements and responsibilities as an online enterprise, they most often still fall under the business advisory service category. If you have a blog or website that is selling products and services, you will need to be compliant with the Federal Trade Commission (FTC). Not being compliant online has cost some entrepreneurs hefty fines and others have been shut down altogether.

One of the categories that has been hit hard over recent years has been the affiliate marketing division. Often times, it is as simple as knowing to have a statement on your website that reads something like the following, "I am an affiliate marketer and will make a commission when something is sold through this site." This is just an example of how businesses can be hit hard in fines for not having correct wording where appropriate. FTC guidelines apply whether you are runing an online business or a physical location.

Taxes are of upmost importance when deciding to hire an attorney for your small business. You are sure to save money if you have professionals on your side that are aware of the benefits you are privy to as a small business owner. Most tax professionals will be unaware of benefits that small businesses are privy to.

So, why are small business lawyers important? You will surely encounter many situations in your business including taxes, incorporation, legal disclaimers and the possibility of being sued, but having a professional on your side before the situations arise will help you manage your legal problems and save your business from unnecessary hardship.




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