Why do I need a business lawyer?

Business or transactional law is the practice of law that relates to money and commercial matters between people, businesses, and governments regulations of those matters. Generally, one can think about business law in two broad categories, the first being the regulation of the formation of business entities and the second being, the regulation of transactions, namely via contract law. Typically, a business attorney (also referred to as a “corporate attorney”) aims to assist their client (whether an individual or the business entity itself) by preventing problems that could put the business at risk of dispute or law suit.  Often times a business attorney spends most of their time out of court advising clients on strategic or overall goals and how best to avoid or minimize the legal risks to their business interests or commercial transactions, then drafting or filing the necessary paperwork to execute those strategies.

Where we can help

Business owners tend to frequently view paperwork as getting in the way of their deals, when in reality it is their miscommunication and lack of attention to details is where usually business disputes erupt. When explaining to clients the value of following the formalities we emphasize it is insurance against these kinds of situations. That is the other party cannot argue it did not know what the terms of the deal are or worst try and alter them in the midst of the relationship. The importance of written contacts is not solely for the parties themselves, but in case a breach of contract claim is filed, then the judges, attorneys, and possibly a jury will take a look at it.  Further, if your written agreements contain alternative dispute resolution clauses you want to make sure those are enforceable to get your contract case out of court and into mediation or arbitration properly. So reducing your agreements to writing is key.

Second, experience in the industry, such as with commercial leases or professional agreements becomes critical for advising a new business client. Doctors go to medical school, chefs become trained at culinary school, and social media consultants know Facebook and YouTube, but when they are launching a new business, contract law, industry-specific regulation, dealing with other vendors, contractors, etc … is all new to them. They need someone to advise and consult with to navigate all of those relationships. And, yes, get those in writing. So an attorney who knows the industry is an invaluable adviser to new business owners trying to practice and perfect their art, craft, or profession.

Lastly, for those exiting their business either through retirement or wanting to sell and move on there are a lot of things to consider. This is also for the person buying the business. Due diligence is key and is more than just money matters. It is analyzing the parties, their risks and obligations involved, and yes, sometimes depending on a business the potential tax and regulation consequences. Selling a medical practice or buying a bar is not just the money changing hands.

So as a business owner, you should focus on what makes your business great, but let us provide the formalities and advise you on the legal aspects that impact your business deals and relationships.

Something To Think About

While you certainly need to retain an attorney for the serious issues above, your emphasis should be placed on preventing such occurrences in the first place. Prevention does not necessarily involve hiring an attorney, though consulting with one wouldn’t hurt. By the time you or your business is sued, the preventable damage has been done and the only question that remains is how much you’ll be paying in attorney’s fees, court fees, and damages.

For example, by the time a prospective employee files a lawsuit claiming gender discrimination based in part upon questions posed at the job interview, all you can do is hire an attorney to defend the lawsuit. If, on the other hand, you had done your own research on anti-discrimination laws, or you had consulted an attorney beforehand, you would have known not to inquire as to whether the applicant was pregnant or planned on becoming pregnant. The small effort at the beginning of the process would save you an enormous headache later.

Disclaimer

This website is owned and maintained by Hew & Bordenave, LLP (H&B), a law firm based in Honolulu, Hawaii, USA. This DISCLAIMER page outlines the purpose of this website and makes specific disclaimers. Please read carefully.

This website is only for general information and marketing purposes of H&B and its services.

This website contains general information about H&B and is provided “as is” and without warranty of any kind, express or implied. Any information contained on this site is not intended to be legal advice, and it should not be considered as advice or relied upon as such. The content of this site should not be used as a substitute for the professional judgment of an attorney. Anyone needing legal advice should consider seeking out an attorney in their relevant jurisdiction. Any information presented on this website regarding prior results is not guarantee similar outcomes for anyone or other clients.

If you decide to contact H&B through this website understand that shall not establish an attorney-client relationship. Any information or documents transmitted by you to H&B, without a signed engagement letter between you and H&B, shall not be treated as confidential, secret, or protected in any way. 

In accordance with the Hawaii Rules of Professional Conduct, this website may be considered attorney advertising. The materials contained on this website have been prepared by H&B for informational purposes only, may not reflect current legal developments and do not constitute legal advice.

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June 2021

Privacy Policy

This website is owned and maintained by Hew & Bordenave, LLP (H&B), a law firm based in Honolulu, Hawaii, USA. This page outlines H&B’s PRIVACY POLICY with respect to your interaction with our website and how we handle your personal information if we receive it through your use of our website.

PRIVACY POLICY

This Privacy Policy applies to information collected online from users of this website. In this policy, you can learn what kind of information we collect, when and how we might use that information, how we protect the information, and the choices you have with respect to your personal information.

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We collect information about users from our web server logs and through cookies, where applicable. We do not share any of the information collected with others, unless we say so in this Privacy Policy, or when we believe in good faith that the law requires it. 

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We of course appreciate any interest in our firm and its services. However, if you decide to contact H&B through this website and submit any information, such as using our “Contact Us” form, then please understand that action in of itself shall not establish an attorney-client relationship. Any information or documents transmitted by you to H&B,  via the website, such as the “Contact Us” form and if you do not have a signed engagement letter between you and H&B, then that information or documentation shall not be treated as confidential, secret, or protected in any way with respect to the attorney-client relationship. Therefore, do not submit any information or documents in this way other than your contact information and a basic explanation as to why you are contacting H&B (e.g. setting up a no-cost initial consultation).

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Effective June 2021