There are about five areas of business that I really assist clients with. One area is their collections. Many businesses, at some time or another, end up having customers who do not pay for some reason, so we assist our client in setting up collection procedures and then ultimately assist them in collections if we need to. We help them do something called “Corporate Governance,” meaning how to have the company structured correctly, how to make sure the shareholders were properly paid, or the members if it was a limited liability company.
We make sure they are having annual meetings, that stock certificates were actually issued, and we would just make sure they were running the company correctly so they could avoid any types of legal pitfalls that may pierce the corporate veil, meaning parties could come after the owner’s assets if the company was ever sued. We would do things to protect the owner’s assets and we would make sure the company was separated from the owner.
Another aspect we help our clients with is their general litigation needs, meaning we would either act as a sword or a shield. We would either shield them to protect them and defend them from lawsuits, or we would act as a sword and go after people who had damaged the company in some ways. We would also help in the HR area by helping them with non-compete agreements and general contracts, and we would assist the companies in making sure we were able to avoid lawsuits in the future, which are just some of the areas we cover for businesses.
What Types Of Businesses Do You Typically Work With?
Most of the businesses I represent come under the category of medium-size businesses. Medium size businesses generally have a gross earning of somewhere between 1 and 2 million dollars per year, although I have handled cases for businesses who have a gross earning in the range of 10 to 20 million dollars. The number of employees in medium sized businesses are usually between 20 to 30 employees minimum, although I have also represented companies who have 500 to 700 employees.
There is a good middle range there, but I have also represented Fortune 500 companies in the past. I do not usually serve as general counsel for companies when they get too large.
What Are Some Common Lawsuits That Clients Tend To Run Into?
Businesses often sue on non-compete agreements. Usually at the beginning of employment, a key person in their company would have signed a non-compete agreement, meaning they would not go and work for a competitor. Somebody who violated that would have left the company, and most of the time these agreements would be in place because their key person or their key employee would have access to customer lists, internal systems, trade secrets and confidential information that they could use against that company by switching sides.
A lot of the litigation I have seen over at least the last couple of years has been about non-compete agreements and enforcing those by making sure people kept the confidentiality of any information they had and that they did not directly compete with my client.
Do You Handle Every Aspect That A Business Would Need?
Yes, and the idea would be to give them general counsel and the same type of service they would get if they hired a fulltime attorney to work in their office, although we would do it at reduced costs so they would not have to have that fulltime employee. We would be able to act as a general outside counsel, our job would not be on the line and we could be independent.
What Is The Complete Business Legal Program And Pre-Business Evaluation You Offer To Business Owners In Salt Lake?
One of the things we would do is a free business evaluation where we would go in and evaluate a company, and tell them what they really needed to do. We often see situations where we find they had everything done correctly so they really did not need anything, and they would just need to do regular maintenance on their company and they would be fine, especially if they were not planning on growing or anything like that.
Other companies have holes all over the place that need to be plugged and fixed to prevent problems, so it would really depend, but we do offer this to all new businesses who want to meet with an attorney. We are happy to meet with them and do a complete evaluation where we would go through their entire business front to back and tell them if we saw any problems. We offer the complete business legal program if we saw problems or believed they needed some assistance.
That program would basically be a general outside counsel program, meaning that instead of hiring a fulltime attorney to work for them, they could hire us as their outside general counsel, and we would do all the things an attorney would do but at reduced costs, meaning we would be able to do it at a much cheaper rate and just provide the services our clients needed. Once we did our evaluation, we would be able to explain what the person actually needed and we would then offer that to them at a reduced amount.
Do You Represent Businesses In Workers’ Comp Cases?
Yes, I do, and we are often able to resolve those cases depending on what the actual claim was. All business that have employees, should have workers’ comp insurance to assist with that, but if there was an actual injury or something, then we would also represent the business against those types of claims.
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