Reasons to Seek Legal Advice for Your Business

Growing a business is a difficult time with many bumps in the road. You want to make sure that you have the option of finding legal advice during your time as a business owner. Whether it is during the initial startup of the business, protecting your intellectual property, drafting contracts, and settling any lawsuits that may arise, having a prepared and experienced legal professional is essential.

 

While Forming Your Business

When you are determining how to form your business, seek an advisor to benefit your business’s future. You can determine if you will run your business as a sole proprietorship, LLC, partnership, corporation, or any other business structure, a lawyer will weigh the pros and cons to what could be the best option and help properly register your company as such.

 

Protecting Your IP

Either a start-up or a seasoned business, new ideas, products, trademarks, and more intellectual property will be created. No matter how long the business has been around, you are going to want to protect your property. Finding a lawyer that focuses their practice on IP will help with technical language and legal proceedings of registering the IP for the business. When it comes to safeguarding your IP, you want to make sure you take all the right steps to ensure it’s safety.

 

While Drafts Contracts

Hiring employees, creating relationships with other businesses, and other business transaction can require contracts. You are going to want to thoroughly understand the rights and obligations of contracts you are creating and also what you are signing. Taking your contract to a legal professional can relieve you from the stress of combing through the contract with a microscope.

 

Settling Any Lawsuits

The litigation process can be timely and expensive. Though you want to take the proper preventative measures listed above to avoid any lawsuits, there may come a time when you are going to want a lawyer to help when settling these disputes.

 

It is important to be prepared for any situation to arise. When owning a business, you need to be aware of the problems that can affect your operations. Protect yourself, your business, customers, and employees by seeking legal advice from a professional.

 

**This article is for informational purposes only and is not intended to be legal advice. In relation to your individual situation, always seek advice specific to your circumstances from a lawyer.

Common Legal Mistakes Business Owners Make: Part 1

Starting up a business is difficult. Even the most successful businesses to date have had bumps in the road. Business owners need to be aware that when creating a new entity in the business world, there is going to be red tape stopping them at almost every turn. Being prepared and having the right resources can make it easier for businesses to create success. Amongst the common mistakes that are made, many of them are legal mistakes.

 

Not Using a Lawyer

Many new businesses face the mistake of waiting too long before bringing in legal representation. They believe that they do not have similar legal obligations that established businesses have. They believe that legal issues will only come when the business scales and they have time before they have to hire a lawyer. This is a huge mistake. You want to hire a lawyer from the very beginning. This can save you massives costs down the road. If you have a lawyer right off the bat, they can help you establish your business correctly from the start.

 

Not Placing Terms and Conditions Policies

When you’re on websites, it is common for a “Terms and Conditions” checkbox to pop up. By checking this box, customers are agreeing to specific uses of your products and services and the obligations that come with being a customer. If you do not have these policies written and published, you have set yourself up for a lawsuit if a customer would choose to proceed with legal action.

 

Lack of Privacy Policy

Your privacy policy is to be public. Your customers and business partners have a right to know what you will be doing with the information they supply to you. If you are sharing your customer list, your customers have a legal right to know what is happening. The privacy policy will lay out the information it does and doesn’t share.

 

Business Tax Laws

Tax laws are complex no matter where your business is located. You should hire a legal professional to answer questions about what taxes your business is subject to, when you must file your tax returns, how often you need to make payments, and more. A lawyer can help keep your records and help file your taxes when it is required.

 

**This article is for informational purposes only and is not intended to be legal advice. In relation to your individual situation, always seek advice specific to your circumstances from a lawyer.

Employment Law: Employees Perspective

There are some of the strongest protections for workers when it comes to Australian employment laws. It ensures their safety from being exploited and allows them to be compensated in certain unfair situations that can arise in the workplace. When dealing with a legal matter in the workplace, it is recommended to consult a legal professional for proper and knowledgable advice. Usually, companies have their own legal team prepared for handling situations, but if an employee feels their rights have been breached, they should contact a lawyer.

 

What are employees protected from?

 

Adverse Action

Employees should not be afraid to make requests for information or the change of something within the company due to repercussions that an employer may threaten. Employers who threaten:

  • Terminating employment
  • Injury to an employment
  • Demoting employees
  • Discrimination

Unless the employee is not following the employment contract, it is unlawful to take adverse action against them.

 

For example:

If an employee feels they are not receiving the proper compensation so they request assistance from the Fair Work Ombudsman. If the employer finds out and demotes the employee, this is viewed as unlawful since the employer took adverse action against the employee.

 

Coercion

Employers do not have the right to make employees do something they do not want to do through intimidation or threats. Many of the adverse actions fall into the coercion category. The difference is that the employee did not take action first.

 

For example:

If an employee does not want to do something against their will (out of the scope of their job description) and the employer threatens to terminate the employee so they will do the task. That is coercive behavior and is counted as unlawful behavior.  

 

Misrepresentation

Employers are not able to give false information to employees. The employment contract should be available for employees to access and hold all the information employees need to know about their position. Whether it contains their annual leave, sick and carer’s leave and compensations, employers have to be forthcoming.

 

For example:

If an employee asks an employer about leave and the employer does not give the correct information to try and mislead the employee. The employer could give the employer the wrong number of weeks they get annually or for sick leave and it is considered misrepresentation.

 

As an employee, if you feel that you have lost your job for an unfair reason, feel as though you’re being coerced, or feel that your rights are being violated, seek out legal help. Determine whether or not this is a situation that can be handled with just your employer or if legal action is necessary. Even going to a lawyer for advice on the situation can help determine what actions should be taken to resolve the issue.

 

**This article is for informational purposes only and is not intended to be legal advice. In relation to your individual situation, always seek advice specific to your circumstances from a lawyer.

 

 

Guardianship: The Court’s Decision Part 2

Part 1 of Guardianship: The Court’s Decision described the role and the responsibilities of a guardian. With the role being described, you may begin to wonder why a guardian would be appointed. This role is very important and should not be entered into lightly. Though it does come down to the VCAT’s decision, here is what to know about appointing guardianship to a represented person.

 

Reasons to Appoint a Guardian

The resource of a guardian is valuable for health service professionals. It gives them the ability to discharge patients who are older or incapable of decision making. The VCAT with appointing a guardian if the represented person:

  • Has a disability that affects a person’s ability to make a decision
  • Cannot make personal and lifestyle decisions in a reasonable manner
  • Needs a decision made for them and there is not an alternative, less restrictive method that helps in making a decision
  • Needs someone who will act in their best interests

The VCAT will typically choose a relative or close friend of a represented person to be their guardian. The main qualification the VCAT is looking for is that the guardian will act in the best interest of the represented person. The family members of the represented person can express their wishes to the VCAT of who they would like to be the best person appointed as a guardian. If there are no suitable or willing people to take on the role of a guardian, the Public Advocate will be appointed as guardian. This would be a last resort and the Public Advocate would be able to delegate the role to either an Advocate Guardian from the OPA or to a Community Guardian.

 

A guardian role is completely voluntary. If the guardian becomes unable or unwilling to continue as a guardian, they may resign the position. The guardian must inform the VCAT, in writing, that they no longer want the responsibility of a guardian. The VCAT can then hold another hearing to determine if the represented person still needs a guardian and if they need to appoint a new one.

 

**This article is for informational purposes only and is not intended to be legal advice. In relation to your individual situation, always seek advice specific to your circumstances from a lawyer.

Three Tips for Buying a Business

You want to change career paths or take on a new level of responsibility, so you decide you are going to buy a business. It should not be an easy decision since there is an immense amount of work that goes into the process. It is hard to narrow down tips for buying a business since there is much that goes into an agreement. These three tips are some of the essentials when you consider buying a business.

 

Research

Buying a business is a tremendous endeavor. Not only is the purchase of the business itself a huge commitment but so is the process beforehand. You do not want to make this decision without doing your due diligence. Take the time to figure out what you are interested in, determine if the business model has the chance of being successful, determine any risks, discuss why the business is for sale, and make sure it aligns with your budgets. There is a lot of research to be done to make sure that purchasing a business is the right move to make.

 

Buy Assets

It sounds strange to say buy the assets and not the business. You will receive a better tax treatment since your taxes will be based on what you paid for them and not what the seller paid for. Another advantage is you do not assume any liabilities of the previous owner. There will, however, be liabilities included in the acquisition agreement. These liabilities include product liability, environmental liability, liability under bulk sales, and employee benefits. Every contractual agreement is different and should be negotiated with the help of counsel.

 

Hire a Professional

Hiring a business lawyer and an accountant will help you with the numbers and the paperwork. Accounts help to determine the assets, liabilities, and what possible earnings could be. A lawyer will help draft, proofread, and negotiate contracts during the purchase of a business. Having successful professionals can make purchasing a business a smoother process. Creating a successful beginning may create an easier life of your business. You will have a clearer picture before closing the deal.

 

**This article is for informational purposes only and is not intended to be legal advice. In relation to your individual situation, always seek advice specific to your circumstances from a lawyer.