Small Business Lawyer Miami, FL
When you are just starting your business, a Miami, FL small business lawyer knows that it might seem like you can skip the legal side or use online tools to draft up business documents. Clearly, you need certain things completed for your business to be legally up and running, but you may believe that you do not need to hire a lawyer, at least not until you run into any issues. While the team at Perez Mayoral, P.A. understands that it can feel like this is something you can skip in the beginning, the truth is that having legal aid will help you out sooner rather than later. If you do not have a legal background, you will not fully understand the different laws that you need to abide by and you may not be fully protected. To learn the first steps of working with a lawyer for your small business, call our office to set up an appointment.
What can a lawyer do for my small business?
Anytime you are spending money on your small business, you want to know it is not wasted. You likely don’t have extra cash for frills and added expenditures so you want to know that having a lawyer will be worth it. So, what can a Miami small business lawyer do for your business?
- They can help when someone slaps you with a lawsuit. You never know what is going on behind the scenes and someone may have a legitimate (or completely ridiculous) reason for bringing a lawsuit against your small business. This might mean lawsuits brought on by visitors to your company or by employees. It is crucial that you have a lawyer from the beginning so that they can pre-empt lawsuits from coming your way by ensuring your business is up to state and federal standards.
- They can protect your property. Lawyers can help when you need someone to protect your intellectual property. This could be a trade secret, services you offer, or even product designs. You want to know that you are getting fair payment for your unique and individual ideas and that someone else is not trying to profit from them.
- They can draft contracts. Contracts are legally binding and you want to know that when you sign a contract it is beneficial to your business. You also want to know that if the deal goes south and the other party does not hold up their end up of the contract, your lawyer is there to fight back.
Miami, FL Small Business Infographic
Suing For a Breach of Contract
Anyone who is in business knows that a great business relies on upholding contracts. Whether it’s an important business deal, acquiring a new company, or something as seemingly small as working with a coffee vendor to bring weekly coffees, you want to know that when you make a deal with someone else they will follow through. One mistake can throw off the entire contract and it can even put your company at risk. It is crucial that you are working with a business lawyer early on in starting a business (if not beforehand) so that you can be prepared if and when a contract goes south. When you are dealing with a breach of contract and need to know what steps to take moving forward, know that you can rely on our team to get you through this.
When can I sue for a breach of contract in Florida?
As always, it is important to know what your state says with regard to a breach of contract. To successfully bring forward a lawsuit for a breach of contract, your lawyer will need to show a few things:
- You entered into a valid contract with someone else.
- The other party committed a material breach of contract.
- Because of this breach, there are damages.
This means that, per your contract, you fulfilled as much of your duties as was necessary up to this point. Your lawyer will then show that the breaching party did not perform their duties, whether it was providing you with goods, services, or paying you for your goods or services.
Is a contract legitimate if it is not in writing?
This will vary depending on the state a person is in. In Florida, a contract does not necessarily need to be in writing for it to be valid. Some exceptions to this are if the contract involves one party taking over financial obligations for another person or selling items that are $500 or greater.
Can I only sue another party if it is a material breach?
Not necessarily. You may sue the other party for a minor breach of contract, meaning they did not perform their duties as outlined in the contract but there is still a chance that they could fulfill their obligations. However, you can still sue them for damages. If a breach is a material, that means that the other party has violated the contract to such a level that they cannot fulfill their obligations.
When you enter into a contract with another party and they do not fulfill their end this can result in damages, including compensatory damages, or “actual damages”. This may be because you need to purchase additional items to replace items you did not receive. The damages may include not only the additional items you had to purchase but an up-charge for needing to purchase these items at the last minute.
If you are ready to move forward with a breach of contract issue regarding your business, do not hesitate to speak with our team. We look forward to helping you with this and any other business needs you may have.
Who can I turn to?
Starting a business and keeping it running is difficult. There are many startup costs, you may be working with different vendors, clients, and contractors, and you may have no clue how to get started. A lawyer can help you set your business up so that it is legal and ready to go. You want to be able to focus on other aspects of your business so that it can thrive. Leave the legal stuff to us. When you are ready to work with a lawyer, reach out to Perez Mayoral, P.A. to set up a meeting with our Miami small business lawyer now.
When To Consult A Small Business Lawyer
Whether you are a first-time small business owner or have been running your business for many years, there is bound to be a time where you need to speak to a reputable Miami, FL small business lawyer about specific legal matters. Having a lawyer that you can talk to about whatever you are going through can help you resolve your issues faster so that you can operate your business as usual. The less time that you spend working on a difficult legal issue, the more time that you can spend proceeding with your small business operations. If you are not sure if you need a lawyer or not, read about some common topics that a lawyer can assist you with.
Creating a Business Plan
Anyone who is planning to start a business needs to have a detailed business plan. A strong business plan should be highly specific and contain legal information such as what your company objectives are, operational standards and practices, sales and marketing strategies, employment policies, and how finances will be managed. You need to be able to show important financial documents to support your plan. If you need any help preparing a business plan, a lawyer can review the requirements of what you need.
Drafting Contracts
Contracts contain important legal information such as the parties involved, the terms of an agreement, the duration of a contract, and other core elements that make a contract legally binding. There are many pieces of information that must be included in a contract so that it can be credible and recognized by law. Missing crucial information can make your contract void. Meet with a lawyer if you want to make sure that your business contracts contain everything that they can be properly enforced.
Working on License and Permit Applications
A small business needs to apply for several types of licenses and permits, such as a state business license, general business license, and professional licenses. Business owners are responsible for making sure that they submit applications for the necessary licenses and permits that they need to open and operate their business legally.
Updating Agreements
You may want to consult a lawyer first if you have plans to update any agreements so that they contain the right information. For example, if you would like to update a partnership agreement or shareholder agreement you may want to talk to a lawyer about what modifications to include so that your agreement is complete and accurate. If you have any questions or issues regarding agreement modifications, a skilled Miami small business lawyer can provide you with further support and assistance.
Small Business Lawyer FAQs
A Miami, FL small business lawyer knows that entering into a business partnership and opening your own business can open up all kinds of exciting opportunities. Each partner brings something to the table that will contribute to the overall success of the company.
Do I need a business partnership agreement?
Even in the best relationships – business or otherwise – it is inevitable that there will be bumps in the road. While you and your partner or partners have the same vision and goals when you open the doors to your company, there may be situations that come up where you are not in agreement on what is the best way to proceed. This is why it is critical to have a solid partnership agreement put in place. The agreement will protect your financial interests in the business should any potential disputes arise, as well as address how those disputes should be addressed.
Should the partnership agreement include the responsibilities of each partner?
A Miami small business lawyer suggests that the partnership agreement detail the areas of the business each partner is responsible for overseeing and their ongoing duties. It should also specify how the partners will make important decisions that will affect the future of the company. For example, in a business with two partners, decisions may require a consensus by both partners, while decisions in a business with three or more partners may be addressed through a majority vote. Having this in the agreement avoids any misunderstandings or misconceptions in the future.
Is it necessary to include any clause about partnership changes since my partner agree it will just be the two of us?
While the idea when you start your business may be to keep it just between the two of you, there may be the need where new partners will join the business, and an agreement may specify how capital investments, ownership shares, and decision-making will be handled in these cases. An agreement may also detail how matters will be handled if a partner leaves the business, including whether they will be required to sell their share of the business to the other partner(s). A partnership agreement may also address the procedures that will be followed if the partners choose to dissolve their partnership and cease business operations.
Are finances included in the partnership agreement?
As a Miami business lawyer can explain, this is one of the critical elements in a partnership agreement. There are different options for how ownership percentage and profits will be divided between partners and having that down in the agreement will again avoid any misunderstandings.
The ownership share of the business may be divided equally among the partners, or these percentages may reflect the amount each partner has invested in the company or their level of participation in managing business operations. An agreement should also detail how the business’s profits and losses will be divided among the partners.
Is there anything else that should be included in the agreement?
Another important element in your agreement that you should include is how disputes between partners will be resolved. Even though the agreement itself is intended to avoid disputes, partners disagree about the direction of the business or other issues. To avoid the possibility of expensive and time-consuming litigation, the agreement should specify that partners will use other methods to resolve these issues, such as mediation or arbitration.
When you have a small business, you want to make sure that you are in compliance with every law. If you have any questions about other things you can talk to a lawyer about, set up a consultation as soon as you can to get started. If you are a small business owner who needs to have a legal issue resolved, discuss your situation with a Miami small business lawyer that you can trust such as one from Perez Mayoral, P.A.
Things to Consider Before Starting a Business
Starting a small business can be an exciting and rewarding venture as a Miami, FL small business lawyer knows well, but it is important to think about a few key factors before taking the plunge. If you have questions, reach out to Perez Mayoral, P.A. today for help. In the meantime, here are five things you should consider before starting a small business:
Market demand
Before starting a small business, it is important to research the market demand for your product or service. This can involve conducting market research, talking to potential customers, and analyzing industry trends. Understanding the demand for your product or service can help you determine whether your business idea is viable and identify opportunities for growth. Make sure to also take some time to identify your competition.
Business plan
A solid business plan is essential for any small business. This plan should include details such as your business goals, target market, marketing strategy, financial projections, and operational plan. Creating a business plan can help you identify potential challenges and develop strategies for overcoming them. It can also help you secure funding and attract investors. Creating an outline is nice, but a detailed business plan is a must.
Financial considerations
Starting a small business can be expensive, so it is important to consider the financial implications of your venture. This includes estimating your start-up costs, understanding your cash flow needs, and creating a financial plan for your business. You may need to secure funding from investors or loans to get started, and you will need to plan for ongoing expenses such as rent, utilities, and employee salaries. Create a spreadsheet to lay out all potential costs as well as how much money you would need to fix things if everything went wrong.
Legal requirements
Starting a small business involves a number of legal requirements, including registering your business, obtaining necessary licenses and permits, and complying with local, state, and federal regulations. It is important to consult with an attorney to ensure that you are in compliance with all legal requirements and to protect your business from legal liabilities. Contact a Miami small business lawyer to get started.
Time commitment
Starting a small business can be time-consuming, and it is important to consider whether you have the time and resources to commit to it. This includes not only the time needed to launch the business but also ongoing time commitments such as managing finances, marketing your business, and managing employees. It is important to be realistic about your time commitments and ensure that you have the resources to manage your business effectively. There is a common misconception that people think owning their own business will help them work less, but that is so far from the truth. Be prepared to work 24/7.
Starting a small business can be a rewarding experience, but it is important to carefully consider key factors before getting started. This includes researching market demand, creating a solid business plan, understanding financial implications, complying with legal requirements, and being realistic about time commitments. By taking the time to consider these factors, you can set yourself up for success and increase your chances of achieving your business goals. If you are ready to get started, contact a Miami small business lawyer at Perez Mayoral, P.A. for help.
When You Should Be Legally Proactive
As a small business owner, you may often find yourself focused on day-to-day operations, managing employees, and growing your business instead of reaching out to a Miami, FL small business lawyer for help. However, it’s important to recognize the value of proactive legal counsel. Seeking the advice and guidance of a lawyer before a problem arises can help protect your business and save you time, money, and stress in the long run. Learn some compelling reasons why you should proactively reach out to a lawyer as a small business owner, and then reach out to an attorney at Perez Mayoral, P.A. for help.
Mitigate Legal Risks
Running a small business exposes you to various legal risks, including employment law, contract disputes, intellectual property infringement, regulatory compliance, and more. By consulting with a lawyer proactively, you can identify potential legal pitfalls and take proactive steps to mitigate risks. A lawyer can help you review contracts, establish internal policies, ensure compliance with laws and regulations, and develop strategies to safeguard your business from potential legal disputes. They will catch problems before they happen.
Establish a Solid Legal Foundation
Building a strong legal foundation for your small business is crucial for long-term success. A Miami small business lawyer can assist you in selecting the appropriate business structure (sole proprietorship, partnership, LLC, etc.), drafting and reviewing legal documents such as operating agreements, partnership agreements, and contracts, and advising on matters related to trademarks, copyrights, patents, and other intellectual property. These legal foundations will protect your business’s interests and help avoid legal complications down the line.
Navigating Employment Issues
Managing employees involves complying with complex employment laws and regulations. Proactively consulting with a lawyer can help you navigate various employment issues such as hiring, termination, discrimination claims, wage and hour compliance, and workplace safety. A lawyer can help you draft employment agreements, establish fair employment policies, and ensure compliance with labor laws, reducing the risk of potential lawsuits and legal disputes with your employees. This will protect both your business and your employees.
Resolving Disputes
Despite your best efforts, disputes may still arise with customers, suppliers, or even business partners. Proactively reaching out to a lawyer can provide you with valuable guidance on how to resolve these disputes effectively and efficiently. A lawyer can analyze the situation, evaluate your legal options, and provide you with a sound strategy to protect your interests. They can negotiate on your behalf, mediate disputes, or even represent you in court if necessary.
Staying Informed and Updated
Laws and regulations affecting businesses are constantly evolving. It can be challenging for small business owners to stay updated on these changes while also managing their daily operations. By establishing a relationship with a lawyer, you gain access to legal expertise and resources. A lawyer can keep you informed about legal developments relevant to your business, such as changes in tax laws, industry-specific regulations, or emerging legal risks. Staying informed helps you make proactive decisions and adapt your business practices accordingly. No need to try and also be a legal expert on top of running your marketing, sourcing products, and more. Instead, work with a knowledgeable attorney.
Reaching out to a lawyer proactively as a small business owner is an investment that can provide significant benefits and protect your business in the long run. By leveraging their expertise, you can focus on growing your business with the peace of mind that you have the necessary legal guidance to support you along the way. Contact a Miami small business lawyer at Perez Mayoral, P.A. today for help.
