FAQs
What can I expect in our initial consult?
You will meet with me and I will listen to your story and discuss the legal options available to you. I will be honest with you about how the legal system works and possible avenues to explore. We make decisions together and I keep you informed every step of the way.
When should I contact an attorney for help with a business dispute?
If you try to resolve your business dispute yourself, the conversations you have become part of future litigation. As soon as you feel a deal has gone south, contact a lawyer to help.
What business entity should I select?
Generally, an LLC is an entity most small businesses select. There are exceptions; for instance, if you want to have a lot of investors or seek venture capital a C-corp may be best for your needs.
What do I do when someone won’t pay me for the services I provided?
If you tried addressing non-payment on your own to no avail, in most cases, a well-written demand letter can help. At Wick Law, our demand letters are not template documents, we will cite statutes and case law supporting your position so that your shady customer knows we mean business if they don’t pay up.
When can I put a mechanics lien on a property?
If you are a subcontractor or materials man and you haven’t been paid for your work, you can file a lien. The timing of when you file is important, so consult an attorney for assistance.
Why do I need an operating agreement for my business?
You need an operating agreement because it protects you and your partner. When businesses start, partners do not want to believe that there will be any disagreements. But, the truth is that disagreements happen and you need to have a way to work through them. The operating agreement will provide a path. Additionally, in the event a partner wants out or becomes disabled/dies, an operating agreement will govern what happens next.
Why is litigation so expensive?
The truth is that it can be very expensive, prohibitively expensive for some. Litigation is expensive because of the way the legal system works. Each side has a right to request documents, or evidence believed to be in your possession. Each side has a right to request depositions. Each side will file motions (many, many, motions) trying to tell their story to the court. Responding to discovery requests, issuing discovery requests, and drafting and responding to motions is time-consuming and serious work. There are no shortcuts, your legal issue must be thoroughly researched and succinctly presented to the court.
Why shouldn’t I use legal zoom or a fillable contract template purchased from the internet?
The short answer is: because you aren’t a lawyer, you probably don’t know exactly what the language means, and, most importantly, a template contract was not written for YOU and YOUR business. Having a services contract drafted by a lawyer that specifically addresses the way YOU operate your business is necessary to avoid disputes AND it is not as expensive as you might think.
How do I know if hiring outside general counsel is a good idea?
When your business grows, you begin to have more issues to address. If you find yourself with legal questions more and more frequently, it might be time. Your legal systems and processes become even more important when you start to hire employees and contractors. Incorporation of intellectual property protection into your contracts becomes very important. The general counsel package through Wick Law provides a certain number of hours per month so that you understand the costs and what is included in the package.
How do I avoid being sued?
Largely, for small business owners, the answer lies in understanding your contracts and complying with the provisions in them. I know, I know, things are never that straightforward. That’s why if there is a dispute, don’t wait, get solid legal advice.
I’m broke–How can I get funding for my business?
There are several ways: the friends and family round, the angel investor method, or seeking funding from a venture capital firm. In all of these situations, the terms of the deal need to be spelled out and securities regulations need to be complied with. Speaking with an attorney about how to structure the deal and the best business entity for a situation involving investors is important.
Lastly, the good old-fashioned bank is an option to be explored. In that event, you will likely be asked to sign a personal guaranty. It would be wise to have a lawyer take a look and explain the details.
We don’t have an operating agreement and my business partner (died, is a crook, wants to leave the business, isn’t doing what they said they would)…what do I do now?
Different facts call for differing legal advice and action, but you need to hire a lawyer and, likely, negotiate a fair buy-out price. A well-drafted buy-sell is crucial and the only way to make it clear that your partner is now an ex-partner.
This 30-page commercial lease is over the top, what does it all mean?
Right! I hear you! You should always have a lawyer take a look at any commercial lease you are considering signing. Commercial leases are very different than residential leases, and they often contain provisions regarding “common areas” and certain fee structures that are unfamiliar to many new business owners. Let us walk you through it and help you negotiate the best deal possible.