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Jane C. on ContractsCounsel
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4.9 (82)
Member Since:
October 9, 2020

Jane C.

Attorney
Free Consultation
New York
19 Yrs Experience
Licensed in CT, DC, NY
Pace University School of Law

Skilled in the details of complex corporate transactions, I have 15 years experience working with entrepreneurs and businesses to plan and grow for the future. Clients trust me because of the practical guided advice I provide. No deal is too small or complex for me to handle.

Melissa L. on ContractsCounsel
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4.9 (4)
Member Since:
October 26, 2020

Melissa L.

Attorney
Free Consultation
Des Moines, IA
16 Yrs Experience
Licensed in IA
City University School of Law

Seasoned negotiator, mediator, and attorney providing premier legal advice, services, and representation with backgrounds in the following but not limited to law areas: business/commercial (restaurant & manufacturing), contracts, education, employment, family and matrimonial, healthcare, real estate, and probate & wills/trusts

Benjamin M. on ContractsCounsel
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Member Since:
October 26, 2020

Benjamin M.

Attorney
Free Consultation
Atlanta, GA
12 Yrs Experience
Licensed in GA
Georgia State University

Experienced Attorney focused on transactional law, payments processing, banking and finance law, and working with fintech companies with a demonstrated history of driving successful negotiations in technology sourcing and transactions and strong understanding of government contracts and the procurement process

Ross F. on ContractsCounsel
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Member Since:
October 27, 2020

Ross F.

Managing Partner
Free Consultation
Bedford, New Hampshire
13 Yrs Experience
Licensed in MA, NH
University of Arizona

I am an experienced technology contracts counsel that has worked with companies that are one-person startups, publicly-traded international corporations, and every size in between. I believe legal counsel should act as a seatbelt and an airbag, not a brake pedal!

John H. on ContractsCounsel
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Member Since:
November 11, 2020

John H.

Attorney-at-Law
Free Consultation
Mobile, AL
13 Yrs Experience
Licensed in AL
Thomas Goode Jones School of Law

John Daniel "J.D." Hawke is an experienced attorney with a law practice in Mobile, Alabama. He was born in Fairhope, Alabama and after earning his undergraduate degree at Auburn University, he received a law degree from Thomas Goode Jones School of Law in 2010. After law school, he formed the Law Office of J.D. Hawke LLC and over the last decade he has fought incredibly hard for each and everyone of his clients. His practice focuses on representing people facing criminal charges and clients dealing with family law matters. In addition to criminal defense and domestic relations cases, he also regularly handles contract disputes, personal injury cases, small business issues, landlord/tenant disputes, document drafting, and estate planning. He is licensed to practice law in the State of Alabama and the United States District Court for the Southern District of Alabama.

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Small Business Legal Questions and Answers

Small Business

Waiver And Release Agreement

Texas

Asked on Feb 11, 2022

I am a tennis coach as a side hustle in Austin, TX. Considering getting basic general liability coverage with an insurance company. If I do I would need to have my students sign a waiver. Is this something you can help with and is it absolutely necessary to have the document notarized or not?

I am a tennis coach as a side hustle in Austin, TX. Considering getting basic general liability coverage with an insurance company. If I do I would need to have my students sign a waiver. Is this something you can help with and is it absolutely necessary to have the document notarized or not?

Kelvin R.

Answered Mar 18, 2022

A waiver and release of liability is a good idea. We can draft a provision for you to include in your existing agreement or as a stand alone waiver agreement. It is not necessary that waiver be notarized.

Read 1 attorney answer>

Small Business

Shareholders Agreement

Florida

Asked on Jun 15, 2023

Shareholders agreement and dividend policies?

I am a shareholder in a small business and am looking to understand the implications of a shareholders agreement and dividend policies on my ownership rights. I am considering entering into a shareholders agreement but want to ensure that I understand how dividends will be paid out and what rights I will have to receive my share of profits.

Daniel D.

Answered Jul 18, 2023

The shareholder agreement should specify your ownership rights and the policy on dividends. Or, the LLC Operating Agreement or Corporate By Laws could state when, to who and how frequent dividends are given out. Without seeing the shareholder agreement it is difficult to say what your rights will be and how the dividends will be paid out as each small business is unique.

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Small Business

Liability Waiver

North Carolina

Asked on Nov 27, 2023

Does every participant need a liability waiver?

I am a small business owner who is planning to hold an event for a group of participants. I am looking to ensure that everyone involved is properly protected in the event of any accidents or injuries. In order to do this, I am considering having participants sign a liability waiver. I want to make sure that I have the right legal protection in place and would like to know if every participant needs to sign a liability waiver.

Shelia H.

Answered Dec 10, 2023

Yes. If you are having an event, every participant needs a liability waiver. This is especially important if the event includes activities that may result in someone getting hurt. Additionally, it provides you with an opportunity to disclose the possible hazards and an opportunity for the participant to make an informed decision regarding whether to attend and participate. Finally, even if you have a waiver, you will also want to supplement the waiver with insurance that will cover your event.

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Small Business

C Corp

North Carolina

Asked on Jul 16, 2023

C corp vs. S corp: Which is better?

I am currently starting a new business and am trying to decide which corporate structure is best for my particular situation. I have heard that C corps and S corps have different advantages and disadvantages, so I am looking to get legal advice as to which would be more beneficial for me. I understand that there are many factors to consider, such as taxation, liability, and potential for growth, so I am hoping to get a better understanding of the pros and cons of each structure and which would be the most suitable for my needs.

Nicholas M.

Answered Aug 1, 2023

It would be impossible to give you a primer on all of the advantages and disadvantages, but here is a headnote version: C-Corp Pros: Ultimate flexibility with regards to ownership, control, power, etc through the issuance of one or more classes of shares. Cons: Double taxed. You will be taxes as a corporation and as an individual taking a salary from the corporation. S-Corp (this is just a C-Corp electing to be taxed under subchapter S of the IRS code): Pros: Tax advantage for owners (up to 100 people) from not double taxing. Cons: Less flexibility than C-Corp but more granular control than LLC. Depending on the situation, most companies starting out are better off starting an LLC, which has less formalities, and then converting to a S-Corp or C-Corp once they scale and can take advantage. C-Corp, S-Corp, and LLC all have the same level of liability protection if you follow the formalities for formation and maintenance. C-Corps have the most rigor and LLCs have the least. You can also consider LLP and other business structures based on co-owners or other factors that a lawyer can help you evaluate.

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Small Business

LLC

Texas

Asked on Oct 25, 2023

Why hire a lawyer for LLC formation?

I am a small business owner looking to form a Limited Liability Company (LLC). I am aware of the various steps involved in forming an LLC, such as filing paperwork with the state, but I am unsure of the legal ramifications and potential risks associated with this type of business structure. I am seeking advice from a lawyer to understand the legal implications of forming an LLC and to ensure that I am taking the necessary steps to protect my business and my personal assets.

Michael C.

Answered Oct 31, 2023

Here are some of the key reasons why it can be beneficial to hire a lawyer when forming an LLC: - Expertise navigating legal requirements - Forming an LLC involves meeting specific legal and regulatory requirements under state law. A business lawyer can help ensure you take all the necessary steps to properly create and register your LLC so that it obtains legal recognition and protections. - Assistance with operating agreement - Lawyers can draft a customized operating agreement that outlines the ownership structure, member responsibilities, profit/loss distributions, voting rights, and other rules governing your LLC. This agreement is important for establishing how your LLC will operate. - Advice on tax implications - LLCs can choose different tax treatments (like being taxed as a sole proprietorship, partnership, S-corp or C-corp). A lawyer can help you understand the tax implications of these options. - Ongoing legal advice - After forming the LLC, you may need guidance on legal issues like liability protection, employing workers, licensing, contracts, intellectual property, etc. A lawyer can provide trusted counsel. - Compliance with regulations - Lawyers stay up-to-date on all current LLC regulations and can help ensure your LLC remains compliant as laws evolve. Non-compliance can result in penalties or loss of LLC status. The bottom line is that an experienced business lawyer can help you avoid potential mistakes when forming an LLC and provide ongoing guidance to maintain the legal protections an LLC provides. Their expertise makes the lawyer fees worthwhile for many small business owners.

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