I am a business law attorney. My practice includes business formation, business litigation and real estate. I handle real-estate partitions. I draft contracts, review the terms of commercial contracts and leases, and negotiate their terms in accordance with my clients' specifications. I handle contract disputes and work to find a settlement in most cases where a settlement can be reached through mediation or arbitration. If litigation is necessary, I zealously advocate for my clients throughout the legal process, in both pre-trial and trial litigation.
CONTRACTS. In order for me to draft a contract the way you want it done, it's important to know the terms and conditions of your agreement. If it is a service agreement, it will be the same type of contract over and over again, but you will still want to know general terms of the agreement:
(1) What services you provide.
(2) How much you charge for the services.
(3) How you take payment.
(4) How you settle disagreements (usually arbitration clause).
Depending on the type of business you own or are starting, there is likely going to be specific laws and regulations related to that kind of business. Some businesses are required to provide the rights and laws associated with the transaction they are doing with a particular customer. These are all important things to be thinking about when you come to me to talk about drafting a contract.
If you have a contract dispute, the best way to handle it is usually going to be outside of court. In some cases, you may have people who hire an attorney just to see if they can get you to send them a sum of money because they don't want to bother with you. Other situations may be more serious where you have breached the contract or caused some other kind of harm under the contract. In these situations, it is important to have legal representation to keep emotions out of the dispute.
BUSINESS FORMATION. If you want to start a business, one of the first things that you will do is make sure that you have your articles of organization or your articles of incorporation listed with the Arizona Corporation Commission. Forming a business can be very simple or it can be quite complex, depending on the complexity of the business. Figuring out whether you want an LLC, Partnership, S-Corp or C-Corp is going to depend on several different factors. These are the kinds of discussions that we would have in setting up your business and putting together legal documents.
BUY-SELL AGREEMENTS. A lot of times, but not always, family business owners would be smart to incorporate a buy-sell agreement into their business. A buy-sell agreement is a written agreement that provides for the mandatory purchase, or right of first refusal, of a shareholder's interest usually upon the shareholder's death or retirement from the business. In a family business, this allows the business owner to structure an agreement according to his or her terms to exercise some degree of control over what happens to the business. Often times, the owner (Father) will want the children who work the business to have the option of continuing in the business. If the children choose to continue in the business, they will buy the Father out. Funding such buyout may include the purchase of life insurance to guarantee a certain amount of money at owner's death. Another option would be to use an installment note either in lieu of or in addition to life insurance. There are a lot of exceptions and nuances involved with buy-sell agreements, so don't get sucked into a one-size-fits-all template.