by Brenden | May 11, 2023 | Business Law, Small Business
As a small business owner, there are many legal considerations that you will need to be aware of in order to protect your business and your personal assets. Here are the top 5 tips that a lawyer can give to a new small business owner:
5 Tips for Small Business Owners:
- Choose the right business structure: The type of business structure that you choose will have a significant impact on not only on the legal aspects of your business, but also the financial. There are several types of business structures to choose from, including sole proprietorship, partnership, limited liability company (LLC), and corporation. Each type of structure has its own advantages and disadvantages, so it is important to consult with a lawyer to determine which structure is best for your business.
- Understand your obligations under the law: As a small business owner, you will have a number of legal obligations that you need to be aware of, such as compliance with labor laws, taxes, and other regulations. It is important to consult with a lawyer to ensure that you understand your obligations under the law and that you are in compliance with all relevant regulations.
- Protect your intellectual property: Small business owners often have valuable intellectual property assets that need to be protected, such as trademarks, patents, and copyrights. A lawyer can help you to understand the different types of intellectual property and how to protect them, as well as how to register your intellectual property so that it is legally recognized.
- Create a strong contract: Contracts are an essential part of any business, and it is important to have a lawyer review all of your contracts to ensure that they are legally binding and enforceable. A lawyer can also help you to understand the terms and conditions of your contracts, and can help you to negotiate any disputes that may arise.
- Have an exit strategy: Starting a small business is a significant investment of time and money, so it is important to have a plan for exiting the business if things do not go as planned. A lawyer can help you to develop an exit strategy that will help you to protect your assets and your business in the event that you need to close or sell your business.
Final thoughts…
In conclusion, starting a small business can be a challenging and daunting task, but with the right legal advice, you can protect your business and your personal assets. By following these top 5 tips, you can ensure that your small business is legally compliant and that you are well-prepared for any legal challenges that may arise. If you are thinking of starting a small business, it is important to consult with a lawyer who can help you to navigate the legal landscape and to ensure that your business is successful. Contact the Brenden Kelley Law team at 216-644-3359 today.
More on Business Law | Contact Us
by Brenden | Feb 1, 2023 | Business Law
Starting a business in Ohio can be a rewarding and exciting venture, but it can also be overwhelming and challenging. There are many steps to take and decisions to make, and it’s important to be well-informed and prepared in order to set your business up for success.
Here are 7 steps to consider as you begin starting a business in Ohio:
- Choose a business structure: One of the first decisions you’ll need to make is what type of business structure you want to have. The most common options in Ohio are sole proprietorship, partnership, limited liability company (LLC), and corporation. Each has its own advantages and disadvantages, so it’s important to consider your needs and goals before making a decision.
- Obtain any necessary licenses and permits: Depending on the type of business you are starting, you may need to obtain various licenses and permits in order to operate legally in Ohio. This can include things like a sales tax permit, food service permit, or liquor license. It’s important to research what licenses and permits are required for your specific business and to obtain them before starting operations.
- Create a business plan: A business plan is a detailed document that outlines your goals, strategies, and financial projections for your business. It helps you identify your target market, define your competitive advantage, and set measurable objectives. A business plan is an essential tool for any small business, as it helps you stay organized and focused on your long-term goals.
- Secure financing: Most small businesses require some form of financing to get off the ground. This can include loans, grants, or investments from friends and family. It’s important to research your financing options and create a financial plan that outlines how you will use the funds to grow your business.
- Choose a location: The location of your business is an important consideration, as it can impact things like foot traffic, rent, and access to customers. It’s important to research different locations and consider factors like parking, foot traffic, and proximity to your target market.
- Set up your business: Once you have chosen a business structure and secured financing, it’s time to set up your business. This can include things like choosing a business name, creating a logo, setting up a website, and purchasing any necessary equipment or supplies.
- Market your business: Marketing is an important aspect of running a small business, as it helps you attract and retain customers. There are many ways to market a small business, including social media, email marketing, and local advertising. It’s important to find marketing strategies that work for your specific business and to consistently promote your products or services.
Careful planning and preparation.
Starting a small business in Ohio requires careful planning and preparation, but with hard work and dedication, it can be a rewarding and fulfilling experience. It’s important to stay organized and focused on your goals, and to seek out resources and support as needed. With the right approach, you can successfully launch and grow your small business in Ohio. Please call Brenden Kelley Law at 216-644-3359 so that we can assist you starting your small business.
More on Business Law | Contact Us
by Brenden | Dec 28, 2022 | Business Law, Dental Law
Starting a new dental practice is an exciting time, but it’s important to ensure you’re in compliance with all relevant laws to prevent legal issues down the road. As a dentist, you must comply with all consumer laws, including those specific to medical professionals. Here are some of the most important issues to consider.
Consent: What You Need to Know
One of the most important issues for dentists is obtaining informed consent from patients before performing any dental procedure. Informed consent requires that you provide detailed information about the proposed treatment, viable alternatives, and any foreseeable risks of the procedure. You must answer any questions and get the patient to sign an informed consent form. Failure to obtain informed consent can result in legal action. If you’re unsure of the requirements where your practice is located, consult a dental lawyer.
Dental Patient Rights
As a dentist, you must uphold dental patient rights, as set forth by the Ohio licensing board. This includes standards related to care, reporting, records, and other dental patient rights issues. Any violations of these rights can lead to sanctions and lawsuits.
HIPAA: Protecting Patient Data
HIPAA sets the standard for protecting sensitive patient data, including dental records. This means that you must take the necessary steps to protect physical and digital records and information regarding patient diagnosis and treatment. Patient data must be kept confidential except when given written permission to disclose it to others, such as insurance providers.
Dental Malpractice and Clinical Negligence
Dental malpractice lawsuits can arise when a dentist fails to follow the generally accepted standard of care when treating a patient. This can result in nerve injuries, failure to diagnose oral cancer or periodontal disease, and wrongful tooth extraction. If you’re facing a dental malpractice lawsuit, consult a malpractice lawyer immediately. Clinical negligence lawsuits can be costly and complicated cases to resolve, even though payouts should ultimately be covered by malpractice insurance.
Associate Agreements: What to Look Out For
When considering associate agreements, carefully assess the merits of the offer and scrutinize for any limiting clauses, such as transfer of ownership of patient charts, non-solicitation provisions, and non-compete clauses. If you’re unsure of the potential legal implications of an offered associate agreement, discuss the contract with an attorney.
Practice Buy-Ins and Partnership Agreements: Know What You’re Getting Into
Partnership agreements will dictate your tax burden, legal liability, management responsibilities, and many other factors of your business. It’s important not to sign such a document unless you are sure that all the legal consequences are in your best interests—or at the very least that you are fully informed of their consequences.
Running a dental practice comes with a variety of legal issues that need to be carefully considered to avoid legal action. From obtaining informed consent to protecting patient data, upholding patient rights, and dealing with malpractice lawsuits, it’s important to work with a dental lawyer who can help you structure your practice to avoid problems and assist. Please call Brenden Kelley Law at 216-644-3359 so that we can assist you.
More on Dental Practices | Business Law | Contact Us
by Brenden | Dec 1, 2022 | Business Law, Small Business
Deciding to open your first business is an exciting and exhilarating time for an entrepreneur. However, the decisions you make in the early stages of your business can have significant implications for the future success of your enterprise. It is crucial to keep several considerations in mind and ensure that you have the right people advising you. One key element is having a trustworthy lawyer to help you navigate legal challenges.
Here are five reasons why you should consult with a small business lawyer before starting your business in Ohio:
You need to select the right business structure.
One of your initial decisions will involve choosing the appropriate legal structure for your business. Options include sole proprietorships, partnerships, limited liability companies (LLCs), and corporations. Each has its own advantages and disadvantages. A competent lawyer will help you understand the pros and cons of each option and guide your decision-making process.
You need to protect your intellectual property.
If you have developed a unique product or service, it is essential to protect it from being copied or stolen without your permission. Simply placing a © or Trademark on your website and contracts will not suffice. Your lawyer should help you understand the various options available, such as trademark, copyright, and patent protection. Your lawyer will also assist you in enforcing your rights if your intellectual property is used without your consent.
You need to draft contracts and agreements that will protect you and your business.
As any business owner can attest, you will need to enter various contracts and agreements with employees, customers, suppliers, landlords, and other parties as soon as you open your business. Relying on template agreements found online may result in your interests not being adequately protected. When you hire an attorney, you enlist their experience and expertise. A worse situation occurs when a business owner simply signs a contract without fully understanding it. This could mean the difference between your business succeeding or failing. Hiring a lawyer can help you comprehend the implications of these documents and the importance of specific terms.
Even if you make all the right decisions, you will have to manage legal issues and disputes.
Despite taking precautions, there is always the risk of legal disputes arising in our litigious society. A savvy lawyer will help you not only navigate these issues but also work to resolve them in a way that is favorable to your business. In worst-case scenarios, you will need a lawyer to represent you in court, either defending against lawsuits or enforcing your rights.
Every business must comply with government regulations.
For better or for worse, numerous regulations apply to every business in Ohio, including employment laws, tax laws, health and safety regulations, and many more, depending on your industry. A lawyer can help you fully understand your obligations under these laws, how to comply without excessive expense, and ensure that every aspect of your business is compliant. The most significant expense any business owner can face is when they find themselves out of compliance and facing costly fines, penalties, or legal action by the State or Federal Government.
A lawyer can provide invaluable guidance and protection as you start your business. Without a lawyer’s assistance, you expose yourself to expensive lawsuits, extensive legal fees, and even the failure of your business. Our firm has experience helping entrepreneurs get their businesses off the ground and taking the right first steps. Please call us at 216-644-3359 to schedule a consultation with our team, so we can set your business on the right path.
More on Business Law | Contact Us
