Why I LOVE the Law (and why you should too!)

Why I LOVE the law (and why you should too!)

Intro

Each business owner has a story—something that makes them different than the next business and something that business owners should use as a branding and marketing mechanism to set them apart from their competition. Everyone loves a good story and you should make sure as a business owner you are telling your own so let me tell you mine; the story of how I become a lawyer and developed the concept for Kendrick Law Practice (www.kendricklaw.net).

My Story

I was born and raised in Georgia. My family has been in Georgia for as long as I can remember. Both of my parents were business owners—my dad is a subcontractor, a tile and marble installer and my mom had an in-home day care. I grew up in an entrepreneurial household and saw all the very happy and joyous times of owning a business as well as the hard and depressing times of owning a business.

Growing up I was able to learn first-hand the challenges and struggles that business owners go through on a daily basis—from cash flow management to client relationship management. Most importantly, I was able to analyze what was legally missing from my parents entrepreneurial endeavors and it was this—-access to a competent business attorney that would not only be affordable but would provide my parents with the security and piece of mind they needed.

KLP is born!

Upon entering UGA law, I briefly considered becoming a non-profit, civil rights attorney but quickly discovered where my talents and passion lay—-business law. After taking a few M.B.A. classes at the business school, I was IN LOVE with the idea of representing people just like my parents—-small business owners all over Georgia that needed SECURITY and ACCESS to COMPREHENSIVE legal services that were AFFORDABLE. The more classes I took that focused on corporate and business law the more I fell in love with the legal profession and the more excited I became about representing business owners in Georgia.

Why You Should Fall In Love (with the Law) With Me!

There are a few reasons why you should love the law as much as I do! Here’s why:

1. Practicing law is a monopoly- That’s right! No one else can practice law in Georgia BUT licensed attorneys in good standing. Sure you can represent yourself but you CANNOT represent other people. To be licensed, law school graduates have to pass the dreaded Bar (*Que the scary music). This keeps every “Matlock wanna be” from holding themselves out as an attorney and ruining your legal standing.
2. Justice is blind- There are those that would disagree with this premise but I obviously and rightfully believe in our justice system—I have to to work within its parameters everyday. The judges that I know all understand that the law MUST BE applied consistently across people, time and places in order to remain a strong remedy for our society’s wrongs.
3. The Law is a civilized remedy- What I mean by this is that we no longer have to be in a State of Nature whereby every person deals with wrongs against them in their own way, including death. We are a nation of rules and laws that provide protections to each and every person as opposed to individuals taking matters into their own hands. It’s the American way!

DISCUSSION QUESTION: What is YOUR story that you share with others and gives you a competitive edge?

Why Kendrick Law Practice?- We SAVE you money by:

1. Providing access to comprehensive legal AND business advice and consulting, creating value for
   your company’s investment in us.
   KLP’s Founder, Dar’shun Kendrick, holds a law degree and Master’s in Business
   Administration.
2. Providing security through our three (3) point guarantee:
1. “24 hour guarantee”- You will receive a phone call from an attorney within 24 business hours of submission your information through our website;
2. “72 hour guarantee”- You will receive your document drafted or reviewed within 72 business hours after payment (or it’s FREE!) and
3. “Dispute guarantee”- KLP will negotiate the terms of any document that we drafted or reviewed FOR FREE should a dispute arise (*Does NOT include litigation costs.).
3. Providing predictability through our FLAT FEE pricing on most of our services. You know EXACTLY what you are paying for a completed document.

Choosing a GREAT “Dream Team” for 2012

Choosing a GREAT “Dream Team” for 2012

Intro

Happy New Year! It’s a new year with new opportunities and new challenges. Most importantly, it’s a chance to re-create your awesome professional team of supporters and advisors—-almost like your own personal Board of Directors!

I am talking about your “Dream Team”—those individuals who are professionals but also confidants and advisors that will propel your business into the next level of profitability and sustainability. This blog will tell you WHO should be on this “Dream Team” and WHAT you should look for in a “Dream Team” Member as well as HOW you go about filling the slots on this “Dream Team.” Let’s begin.

Who and Why?

• Banker- This should be obvious but this Team Member has access to capital, i.e. money, that can help provide your business with cash flow or an emergency loan if one is needed.
• Attorney- Again, this should be another obvious Team Member. Nothing can shut down your business faster or eat up more of your profits than a lawsuit or unknown regulation or rule. Make sure you have a business attorney that understands businesses and can respond to your business needs. Of course, Kendrick Law Practice is always at your service (www.kendricklaw.net).
• Insurance Agent- This may be less obvious than the previous two (2) Team Members but remember that insurance (premises liability, umbrella, health, car, home, life, personal, etc.) is important to make sure in case something unexpectedly happens, your business and you are protected.
• Accountant- This should be another one of those pretty obvious Team Members. Someone has to count, record and analyze the expected cash flow that you are highly expecting to receive right?
• Business Consultant- This is someone who knows how to run a business and that can give you not only business theories but timely practical tips for short term tactics and long term strategies to grow your business.
• Marketing & Branding Expert- No one can sell your business like you but it never hurts to have some extra help to focus your time, money and energies towards productive marketing efforts.

What? (should you look for in these Team Members)

1. Look for someone you are comfortable with- Clearly you need Team Members that you feel you can trust and talk to about sometimes difficult business issues;
2. Look for someone knowledgeable- Your “Dream Team” is only going to be as powerful as your weakest Team Member; hire professionals and sleep easy at night;
3. Look for someone who has access to your ideal client- It never hurts to have someone on your Dream Team that can send clients your way; it just makes sense; and
4. Look for someone that believes in you and your business- A professional that just sees you as another “client” or “referral base” without believing in your mission is a LIABILITY and not an ASSET.

How? (to Choose Dream Team Members)

There are different strategies, wants and needs to picking individuals for your “Dream Team” but I will tell you how I did it for Kendrick Law Practice. I asked myself the following questions:

1. What is the most valuable asset for me for Team Members? For me, it was access. Even if I obtained Donald Trump or Oprah Winfrey as Team Members, if I couldn’t access them (email them and get a response or pick up the phone and call them), they were useless to me. So I choose professionals I could contact at home or on their cell phone and I knew were responsive to communications I sent.
2. Who is in my vicinity? Part of having access is the ability to drop by for coffee or lunch to maintain constant communications with my Team Members so I asked who was located where my business was located or in areas I frequented.
3. Are they in my area of expertise? Not only did I choose a banker, I chose a small business banker. I didn’t go to a large accounting firm; I choose an accountant who works with small business owners. These are not only potential referral sources but there is a connection with common goals and passions we both share.

DISCUSSION QUESTION:  Who else would you add to YOUR “Dream Team” and why?

Why Kendrick Law Practice?- We SAVE you money by:

1. Providing access to comprehensive legal AND business advice and consulting, creating value for
   your company’s investment in us.
   KLP’s Founder, Dar’shun Kendrick, holds a law degree and Master’s in Business
   Administration.
2. Providing security through our three (3) point guarantee:
   1. “24 hour guarantee”- You will receive a phone call from an attorney within 24 business hours of submission your information through our website;
   2. “72 hour guarantee”- You will receive your document drafted or reviewed within 72 business hours after payment (or it’s FREE!) and
   3. “Dispute guarantee”- KLP will negotiate the terms of any document that we drafted or reviewed FOR FREE should a dispute arise (*Does NOT include litigation costs.).
3. Providing predictability through our FLAT FEE pricing on most of our services. You know EXACTLY what you are paying for a completed document.

How to Get Social Media Fit for 2012!

Introduction

I have written two (2) blogs in the past about social media and their legal ramifications; they can be viewed at http://wp.me/p1JRPo-1b entitled “Staying Out of Social Media Trouble” and http://wp.me/p1JRPo-d  “5 Social Media Mistakes and their Legal Consequences”.

Well now it is time to give you some practical tips about how to use the knowledge that you have learned about staying out of social media trouble and use it to expand your potential client base at the same time.

These tips come from Business Fitness Guru Dahna Chandler (@bizfitnessguru) from last week’s Legal Tweet Meet (#legaltweetmeet) which Kendrick Law Practice hosts every Thursday from 8-9 pm on twitter. Join us every Thursday (except next Thursday) from 8-9 pm on Twitter as we have a discussion and answer your legal questions at www.twitter.com/kendricklaw.

Presentation: Here we go!

Top 10 Tips for Being Social Media Fit in 2011.

1)    Tip #1: Create a social media strategy with your audience in mind.

Be where they are, not just where you want to be on #SM (“social media”). #besocialmediafit

2)    Tip #2: Understand the different #SM networks, platforms and tools. #besocialmediafit

Different #SM networks, tools and platforms have different purposes.  Learn what each does.

3)    Tip #3: Create #SM profiles w/ keyword optimization in mind.

You want you or your company/product to be among the first to appear in traditional and social search.

4)    Tip #4: Read, train and learn constantly because #SM is always changing. #besocialmediafit

If you can, hire a coach or strategist to help you. http://bit.ly/tioBtx

5)    Tip #5 Don’t just launch a social media profile and forget about it. #besocialmediafit

Create a #SM calendar to maintain it. Otherwise, you may kill your #SM cred.

6)    Tip #6: Learn #SM terminology. What is a hashtag? Circles? A tweet chat? A timeline?

What is the purpose of each and how do I use these effectively? #besocialmediafit

7)    Tip #7: Remember, #SM is about ENGAGEMENT, not PROMOTION. #besocialmediafit

You’re on social media to create relationships w/clients that lead to biz, not just to talk about you.

8)    Tip #8: You must add value to the lives of your #SM constituents or lose their interest.

Be helpful, provide useful content, solve problems, cure pain. #besocialmediafit

9)    Tip #9: Be careful what you say and do on #SM bc even ‘personal’ profiles are ‘business’ profiles.

If you alienate people, you’re toast, unless you fix your gaffe FAST.

Know how to fix #SM mistakes. #besocialmediafit

10) Tip #10: People buy from people they know, like and trust—from whom they matter.

Be likeable on #SM and you’ll drive profits there. #besocialmediafit

11) BONUS Tip:  Know the legal ramifications of using #SM so you stay IN biz, OUT of court!

Discussion Question: What was your favorite social media tip and why?

DISCLAIMER: Kendrick Law Practice is only authorized to practice law in the State of Georgia. Any and all posts on this blog only pertain and are applicable to Georgia based businesses and no other jurisdiction or territory. Only Georgia based business owners are entitled to rely on its legal advice.

Why Kendrick Law Practice?- We SAVE you money by:

1. Providing access to comprehensive legal AND business advice and consulting, creating value for
   your company’s investment in us.
   KLP’s Founder, Dar’shun Kendrick, holds a law degree and Master’s in Business
   Administration.
2. Providing security through our three (3) point guarantee:
   1. “24 hour guarantee”- You will receive a phone call from an attorney within 24 business hours of submission your information through our website;
   2. “72 hour guarantee”- You will receive your document drafted or reviewed within 72 business hours after payment (or it’s FREE!) and
   3. “Dispute guarantee”- KLP will negotiate the terms of any document that we drafted or reviewed FOR FREE should a dispute arise (*Does NOT include litigation costs.).

1. Providing predictability through our FLAT FEE pricing on most of our services. You know EXACTLY what you are paying for a completed document.

Non-Compete Agreements: Don’t Do It On Your Own!

Introduction

Let’s have a conversation. Let’s have a conversation about Non Compete Agreements (otherwise known as covenants not to compete). You may be tempted to try and draft your own. After all, you have built your business and you don’t want former employees opening up shop around the corner from where you are based. Understandable. However, you need to understand that the law on this subject has recently underwent some changes you should be aware of and I would like to explain the DANGERS of attempting to draft your own non-compete agreement or clause for an employment contract.

Non-compete agreements (or covenants not to compete) are agreements or clauses that restrain former employees’ ability to compete against a former employer. Sometimes they are detailed, separate agreements and sometimes there are 1 or 2 non-compete clauses in an overall employment agreement. Either way, the advice is the same; see below.

Why You Should NOT Draft Your Own Non-Compete Agreements/Clauses:

Simply put, these can be tricky to draft. Courts in Georgia generally don’t favor these type of agreements/clauses because they restrain trade, i.e. they restrain a person’s ability to work and be employed and the Georgia Courts have a vested interest and wider public policy incentive to make sure that every person is employed and can contribute to society, i.e. taxes. Therefore, these agreements/clauses have to be narrowly tailored, specific and give clarity to the Court and the restrained employee exactly what, who, where, why, when and how they can conduct business after leaving the present employer. The key here is specificity and restrained terms and you need a legal mind that can research the law to understand what is judicially acceptable.

A few things to note:

1. These agreements/clauses must pass a 3 part “test”- They must be limited in TIME, SCOPE and LOCATION. The previous rule (before July 1, 2010) was that if ANY PART of this test failed (i.e. the agreement was limited in time and scope but not in the location because was too broad), the entire clause FAILED so it was as if the non-compete agreement/clause did not exist.

2. “Blue Penciling” Allowed- The Georgia Legislature passed in 2010 a rule that makes it acceptable for courts to “blue pencil” provisions; this means that if one part of this three (3) prong test is invalid because its too broad, onerous or ambiguous, the Judge can revise the agreement to make it fall acceptable so the whole agreement or clause does not have to be invalidated. The legislature did not provide for this to be retroactive so this new blue penciling allowance only applies to contracts made AFTER taking effect which would be on or around July 1, 2010.

3. These agreements/clauses must provide clarity with other provisions in the agreement. For example, if there is a mention of “clients” in the non-compete agreement, the definition of “client” must be specifically defined elsewhere in the agreement or risk being invalidated as being unclear.

What’s my point? DO NOT draft these provisions on your own. Hire an attorney or Kendrick Law Practice (www.kendricklaw.net) to draft these agreements/clauses for you or risk a nonpartial Judge, who doesn’t know or understand your business, re-drafting it for you or the entire agreement or clause being invalidated. DO NOT BE CHEAP—It’s WELL worth it in the future gains.

NOTE: Kendrick Law Practice is ONLY authorized to practice law in the State of Georgia. Any and all information contained in this post only applies to Georgia law and Georgia based businesses. No attorney-client relationship has been formed by this post or any comments thereafter.

Why Kendrick Law Practice, business attorneys and counselors? (www.kendricklaw.net)- We SAVE you money by:

1. Providing comprehensive legal AND business advice and consulting, creating value for
   your company’s investment in us.
   KLP’s Founder, Dar’shun Kendrick, holds a law degree and Master’s in Business
   Administration.
2. Providing security through our three (3) point guarantee:
1. “24 hour guarantee”- You will receive a phone call from an attorney within 24 business hours of submission your information through our website;
2. “72 hour guarantee”- You will receive your document drafted or reviewed within 72 business hours after payment (or it’s FREE!) and
3. “Dispute guarantee”- KLP will negotiate the terms of any document that we drafted or reviewed FOR FREE should a dispute arise (*Does NOT include litigation costs.).
3. Providing predictability through our FLAT FEE pricing on most of our services. You know EXACTLY what you are paying for a completed document.

Thanksgiving Special: Giving Thanks to the People, Places and Things that helped GROW my business!

Introduction

I hope you had a GREAT Thanksgiving! Last Thursday I gave thanks to the people, places and things that helped grow my business this past year. As you know, Kendrick Law Practices hosts “Legal Tweet Meet” every Thursday from 8-9 pm on Twitter where we discuss a topic the first 30 minutes then ask Q & A the last 30 minutes. Join us at www.twitter.com/kendricklaw and ask us your business legal question!

It is important to give “thanks” to those that are with us now as we strive towards a successful business. “If people can’t appreciate you when you’re at your worse, they don’t deserve you at your best.” Thus, I want to take this time to give a “shout out” to those that have helped me since my business started.

Giving Thanks to PEOPLE that have helped KLP grow: First stop: People. “People first, then money, then things.” -@SuzeOrman

1. @MrsSotology for letting more know it’s possible to be in business with family.
2. @Bizfitnessguru for encouraging me each and every day and making giving me common sense solutions to social media issues.
3. @smallbizatlanta for waking up at 5 am with me and RTing me like crazy.
4. @tsbtweet for allowing me to promote his business through our Partnership Network and for cohosting our radio show.
5. And @RashidBrown for his wonderful work in the community, especially my legislative district.

Giving Thanks to PLACES that have helped KLP grow: Second is the WONDERFUL places I have been in metro Atlanta

1. CommerceclubATL (@commerceclubATL) who have the most helpful, friendliest staff in Atlanta and yummy breakfast. They are located at 191 Peachtree Street. Give them a visit today! (or join me every other Tuesday when my LinkedIn Group meets there for coffee at 9:30 am- Next Meetings: December 6th and December 20th!)
2. Rockdale County at Glenn’s Bar B Q for weekly morning networking meetings with @pbrando. The Conyers-Rockdale Chamber of Commerce is an EXCELLENT organization for start ups and established businesses in the County to join. If you are trying to do business in Rockdale County, you can’t get far without the Chamber. Google them then join!
3. Stonecrest Mall meetings with business owners to start the #Stonecrest #Business Alliance. I have been “appointed” as their Attorney and have helped them set up their incorporation work and by-laws and provide legal counseling. Check out this article:  http://www.ocgnews.com/index.php/local-news/788-stonecrest-poised-to-become-economic-engine-jewel-of-southeast-dekalb
4. Staples (@Staples)- What?! Everyone needs supplies in an emergency! And I racked up Staples points for free stuff!
5. @PaneraBread- My Firm is virtual. This place smells good and has food so it wins 1^st place to being my office.

Giving Thanks to the Things that have helped KLP Grow: Last but not least giving thanks to things that have helped my business GROW and SHINE!

1. @Twitter! Of course. Never has a #politician AND #attorney been so brief in her statements.
2. @LinkedIn! Our bi-monthly LinkedUP meetings give me a chance to personally know each Member and develop TRUST.
3. @Google apps!- Have you seen the stuff you can do on google?! It’s AMAZING and most of it is FREE!
4. #Quickbooks (@Quickbooks)- Easy to use, comprehensive and they have every report you could need to assess your finances.
5. @YouTube- We post videos from my presentations and have GREAT interviews on there.  Visit https://www.youtube.com/kendricklawpractice1 to take a look!
6. And last but not least WORD PRESS! Since blogging in September we have had over 750 visitors!

Discussion Question: What are some of the “people, places and things” you give thanks for this year?! 

Why Kendrick Law Practice? (www.kendricklaw.net)- We SAVE you money by:

1. Providing comprehensive legal AND business advice and consulting, creating value for
   your company’s investment in us.
   KLP’s Founder, Dar’shun Kendrick, holds a law degree and Master’s in Business
   Administration.
2. Providing security through our three (3) point guarantee:
1. “24 hour guarantee”- You will receive a phone call from an attorney within 24 business hours of submission your information through our website;
2. “72 hour guarantee”- You will receive your document drafted or reviewed within 72 business hours after payment (or it’s FREE!) and
3. “Dispute guarantee”- KLP will negotiate the terms of any document that we drafted or reviewed FOR FREE should a dispute arise (*Does NOT include litigation costs.).
3. Providing predictability through our FLAT FEE pricing on most of our services. You know EXACTLY what you are paying for a completed document.

PARTNERSHIPS vs. JOINT VENTURES- Differences and Why You Should Know Which One You’re In!

Introduction

Partnerships and Joint Ventures. A lot of times people use these terms interchangably, thinking they have the same meaning. Those people would be WRONG. The term “partnership” is used loosely in the business world. For example, my Firm has a “Give and Take” Partnership Network of businesses that we work with to promote their businesses to our audiences and send referrals. (www.kendricklaw.net/partnerships) However, there are LEGAL differences between a partnership and joint venture. And although we have a Partnership Network, we are clear in our agreements it’s just a name and does not fall within the legal definition of a partnership.

Explanation and Examples

Let’s take two examples, one of a true partnership and one of a joint venture. A partnership is when two or more people get together and start doing business sharing the same staff, goals, objectives, corporate form and name, space, etc. For example partners in a law firm or with a consulting firm or cleaning business that work comprehensively towards the goal of making meeting. A joint venture is normally when two separate organizations or people get together for a short-term business goal. Think the KFC/Taco Bells that you see put together or if AT& and Sprint decided to do technology forums for the elderly for a year. They still share their own separate corporate entities but have come together for a common goal/objective usually for a short-term objective, although that’s not a necessary prerequesite.

Legal Consequences of a Partnership, not just a Joint Venture

What the Court considers a Partnership and not just a Joint Venture will depend on a number of factors such as: (1) Entity Legal Structure, (2) Compensation/Profit Structure, (3) Shared Resources and Staff, (4) Goals and Objectives, (5) Length of time for goals/objectives, and (6) the Intent of the Parties. It’s worth businesses to be particularly careful to make sure they are in a joint venture, and NOT a a partnership, for the following legal reasons applicable only to partnerships.

1. Partners are JOINTLY and SEVERALLY LIABLE for business debts. Example- There are 4 partners in a firm. The partnership is indebted to a person/organization of $100,000 because of a bad debt or a law suit. The partnership has $60,000 in cash it gives towards satisfying this debt. The firm goes insolvent or bankrupt. The remaining $40,000 will be for each of the 4 partners to contribute PERSONALLY to satisfy the remaining debt. However, let’s assume Partner No. 2 also personally goes bankrupt. The $40,000 is still owed and now falls on the other 3 partners to personally be liable for the $40,000 debt and the debtor can collect ANY and ALL amounts from anyone of those 3 partners. That’s what the “jointly and severally liable” means. If there was instead a “joint venture”, they would not be liable at all as a partner, although there may be a judgment against the joint venture company or person unconnected to being a partner.

2. Partners can BIND the partnership. Partners act as “agents” for the partnership and can sign contracts, enter into agreements, and commit torts that will make the partnership liable. What you don’t want as a business is the person or organization you thought was a joint venturer signing $5M loan agreements or committing torts that make YOU liable, all because you are operating more as a partnership than a joint venture.

3. Partners vote and have ownership. Simply put, the default rule in Georgia is if there is no partnership agreement, the partners equally have a ownership stake in an organization. If you don’t want the court giving 50%, 30% or 25% of YOUR business to another company or person, make sure you have a joint venture and NOT a partnership. Additionally, partners have an equal vote unless otherwise stated in their partnership agreements. You don’t want a partner or partners holding up an important decision that you thought you could make on your own because you have a partnership, not a joint venture.

What Can You Do to Make Sure You Have Only a Joint Venture?

1. Don’t share resources or staff- This is unless you ABSOLUTELY have separate duties defined.

2. Have an agreement- Although this will only be one thing the Court considers, it is a good indication of the parties’ intentions and will be well considered. KLP is here to help. Get started NOW at www.kendricklaw.net/clientservices/getstarted.html.

3. State your goal or objective- It doesn’t have to be short term but most joint ventures are. Make sure your goal or objective is specific, for example to do business consultations for 1 week for 100 business owners, and not general, such as making money.

Why Kendrick Law Practice?- We SAVE you money by:

1. Providing comprehensive legal AND business advice and consulting, creating value for
   your company’s investment in us.
   KLP’s Founder, Dar’shun Kendrick, holds a law degree and Master’s in Business
   Administration.
2. Providing security through our three (3) point guarantee:
1. “24 hour guarantee”- You will receive a phone call from an attorney within 24 business hours of submission your information through our website;
2. “72 hour guarantee”- You will receive your document drafted or reviewed within 72 business hours after payment (or it’s FREE!) and
3. “Dispute guarantee”- KLP will negotiate the terms of any document that we drafted or reviewed FOR FREE should a dispute arise (*Does NOT include litigation costs.).
3. Providing predictability through our FLAT FEE pricing on most of our services. You know EXACTLY what you are paying for a completed document.

7 Steps to a “Litigation Free” Office

http://www.georgiaminoritybusinessmagazine.com/business.html (last accessed on November 3, 2011)

The Story

Authors Kaley Klemp and Jim Warner wrote on the “7 Steps to a drama free office” in Georgia Minority Business Magazine recently. On a personal note, I had the opportunity to attend this magazine’s launch party in Atlanta last week as the special guest of KLP’s “Walk In Wednesdays” Partner (www.kendricklaw.net/consultations), the Business Fitness Guru, Inc. (Dahna Chandler). I was able to make connections with leaders in the business community as well as meet the staff, including the President, of the magazine. I wish it much success here in the Atlanta market!

In this blog, I lay out the 7 steps to a drama-free office that were given in the article then give my own steps for a “litigation free” office. Litigation is expensive, contentious, and time consuming. Here at KLP we strive to keep you “IN business and OUT of Court” through comprehensive business consulting and legal advice which consists of document drafting, document reviewing and negotiating services. Visit www.kendricklaw.net/clientservices to learn more.

The 7 Steps to a “Drama Free” Office

The 7 steps are simple enough towards a drama free office. WHAT ELSE WOULD YOU ADD ON?

Step 1: Get Out of Your Own Drama

Step 2: Diagnose the Type of Drama in the Other Person

Step 3: Assess the Risk of Confronting the Other Person

Step 4: Develop Rapport with the Drama-Prone Person

Step 5: Have a Direct Conversation

Step 6: Get Their Commitment

Step 7: Validate and Anchor Their Commitment and New Behavior

The 7 Steps to a “Litigation Free” Office

Step 1: Meet frequently with your Business Attorney. Nothing keeps litigation down to a minimum like consistent meetings with your business attorney of choice to advise you on an array of legal issues you would be aware of and this should be the FIRST thing you do after reading this blog.

Step 2: Post the required federal materials related to labor. This includes minimum wage requirements, safety postings, and other employee related matters. Your HR department or firm should be able to provide you with all this information.

Step 3: Display the proper signage. This expands to protecting customers as well as employees. These signs can alert customers and employees to dangerous things on the premise (like a broken elevator or a wet floor) and keep down any premises liability claims. Want to know what premises liability claims are? Consult with your fabulous business attorney. I’m sure at this point you have planned an upcoming meeting right?

Step 4: Treat employees equally. Again, this is related to employment matters. Discrimination is still alive and well and the subject of many lawsuits so make sure you are objective in your decisions regarding employees and employment. Consult with your attorney on how to facilitate this step.

Step 5: Play nice. Harassment in the workplace is one issue and the other issue is creating a hostile workplace. There are many nuisances to this step so that is why consulting on a regular basis with your business attorney is SO IMPORTANT.

Step 6: Have a carefully crafted employee manual available to all employees. Employment issues are one of the costliest and most litigated areas of workplace issues. This manual should include policies and procedures and a “no tolerance” policy for sexual harassment.

Step 7:  If it doesn’t feel right, ask someone. You don’t need to consult lawyers for everything but if a situation doesn’t feel like it is going good or could turn out good, consult with your HR department or business consultant. But please do alert your attorney to what is going on so that they are aware of any issues and can be better prepared should something legal arise. Communicating with your business attorney and keeping them abreast of any issues is the best use of time your business can make.

DISCUSSION QUESTION: What other steps would you add to: (1) a “drama free” office or (2) a “litigation free” office?

Why Kendrick Law Practice?

1. We offer comprehensive legal AND business advice and consulting, creating value for
   your company’s investment in us.
   KLP’s Founder, Dar’shun Kendrick, holds a law degree and Master’s in Business
   Administration.
2. We offer a three (3) point guarantee:
1. “24 hour guarantee”- You will receive a phone call from an attorney within 24 business hours of submission your information through our website;
2. “72 hour guarantee”- You will receive your document drafted or reviewed within 72 business hours after payment (or it’s FREE!) and
3. “Dispute guarantee”- KLP will negotiate the terms of any document that we drafted or reviewed FOR FREE should a dispute arise (*Does NOT include litigation costs.).
3. We provide access to a number of opportunities and resources.
   For example…
1. Monthly e-newsletter: Sign up by visiting www.kendricklaw.net;
2. Facebook: www.facebook.com/kendricklawpractice;
3. Twitter: www.twitter.com/kendricklaw
4. LinkedIn: http://www.linkedin.com/in/darshunkendrick
5. Weekly Blog Discussions: www.kendricklaw.wordpress.com
6. Partnerships: www.kendricklaw.net/partnerships
   and
7. Blogtalkradio: www.blogtalkradio.com/kendricklaw

CRISIS MANAGEMENT Part 2: IT Solutions to Keep You “IN Business and OUT of Court”

The Story

This is a continuation of KLP’s Theme of keeping you “IN business and OUT of Court” and that includes other vital business services that you need. Through our “Give and Take” Partnership Network (www.kendricklaw.net/partnerships), we will periodically start featuring one of our partners about their product or service.

This week we continue featuring our Partner Technology Solutions Bridge which offers IT consulting services, website design and development and facility rentals. We wanted to provide you with a PART 2 to his first blog interview (found at  http://wp.me/s1JRPo-86) on more specific actions YOU can take to save money!  Read and contact TSB for your IT needs. There is a special promotion for those of you that mention KLP!

Mr. Richard Miles, Owner of Technology Solutions Bridge

1. Give three (3) reasons why business owners should back up their data (besides that they will lose data) such as an estimate of the cost to recover data, because its “easy”, because jump drives are cheap, etc.

If you’re a business owner and backing up your data is not a top priority, hopefully not having a data backup strategy doesn’t become your biggest mistake. As business owners you should relate backing up your data to buying an insurance policy. Therefore, you shouldn’t operate or conduct business without a data backup strategy in place. Affordable backup cost, smooth recovery process, and easy to use backup systems and strategies are three reasons why you should consider backing up your data.

Recovering your lost data can cost you more than just money. Having an efficient data backup recovery process can save you time, money, and hassle. As a business owner, think about how much time you would spend in trying to recover data when you could be focusing on operating and sustaining your business.

Businesses’ operating without an IT department is no longer an excuse for not having a backup system. Microsoft Windows has tools that an average computer user can walk through the backup setup wizard themselves. There are hundreds of affordable online data backup systems available that will allow you to have access to your files at any time. Technology Solutions Bridge based right here in Atlanta is more than willing to consult with you in implementing a data backup system for your business.

2. Give some tips on how business owners can make backing up data a part of their daily routine.

Before starting any backup of any data, it’s best to decide what data is important for your business. Files that consist of company policies and procedures, legal documentation, customer information, and/or your typical day to day operational files are just a few suggestions to start with.

Below you will find tips that will assist you in backing up your data as this should become part of your daily routine:

1.  Backing up to a USB device. The majority of computers today have multiple USB ports installed. You can purchase an external hard drive at your local electronics store at an affordable price. Most hard drives will come with a data backup system included in the software that will walk you through setting up a data backup system. You can choose the location of your data files that you would like to backup. Also, the frequency and the time of day in which you would like to run your backup can also be setup.

2.    Backing up to a DVD. Windows XP, Vista, and Windows 7 all come loaded with a backup and restore application preinstalled. You can setup a backup to multiple DVD’s by selecting which files or drive you want to backup. The restore functionality of the application is just as easy as setting up the backup.

3.    Online Backup. There are several online websites that will charge you to run a data backup system for you. Free sites such as “Dropbox” and “My Other Drive” will provide you with 2GB of online storage where you can manually add and store files. You can access those files from anywhere on the web or by mobile phone.

3. What are five (5) things business owners should look for in a security application?

For every computer in the office, there should be some form of security application installed and actively running. The number of computers and how you intend on utilizing those computers will determine what security application to choose for your business.

There are 5 key points you should keep in mind while choosing security software:

1. Frequency of Updates. The security software should be up to date and perform updates on a daily basis. This will assure you that your computer is scanning and protecting your computer from the latest viruses.
2. Protection. What protection features does the security software provide? Does the security software include a firewall protection across your network? Internet Security to protect your computer while browsing. Is there real-time protection for your computers?
3. Usability of the security software. How Simplistic is it for a user to install from the website. Can you navigate through the security software interface by using the demo? If the demo gives you problems, the paid version will.  Make sure you understand the ins and outs of the security software before purchasing.
4. Security software effectiveness. Does it work in locating virus or malware on your computer? Does it alert you when it detects threats and websites trying to install harmful items onto your computer while being used?
5. Support for the security software. Take the time out to research and read the reviews of their support. If their support and FAQ’s aren’t reliable enough for you, chances are you won’t trust your computers with their security software.

4. Expand on each of your “other” abilities like use of the rental space, computer room, etc. and provide examples if you can.

Here at Technology Solutions Bridge (TSB) we not only provide IT consulting, but we also provide a rental facility for small to medium size businesses. The rental facility is 1400sq ft. that includes two conference and/or meeting rooms, a computer & training lab, and a seminar room. This rental facility provides small business owners with a location to meet with other business owners, employees, and potential clients and customers without having to do business at your local coffee shops, libraries or hotels. For business owners looking to train new staff or keep current staff up to date on new software, policies and procedures, or new office technology our training lab can be of service you also.  For more information or to make an appointment, please email info@bridgegrowth.net  .

Why Kendrick Law Practice?

1. We offer comprehensive legal AND business advice and consulting, creating value for
   your company’s investment in us.
   KLP’s Founder, Dar’shun Kendrick, holds a law degree and Master’s in Business
   Administration.
2. We offer a three (3) point guarantee:
1. “24 hour guarantee”- You will receive a phone call from an attorney within 24 business hours of submission your information through our website;
2. “72 hour guarantee”- You will receive your document drafted or reviewed within 72 business hours after payment (or it’s FREE!) and
3. “Dispute guarantee”- KLP will negotiate the terms of any document that we drafted or reviewed FOR FREE should a dispute arise (*Does NOT include litigation costs.).
3. We provide access to a number of opportunities and resources.
   For example…
1. Monthly e-newsletter: Sign up by visiting www.kendricklaw.net;
2. Facebook: www.facebook.com/kendricklawpractice;
3. Twitter: www.twitter.com/kendricklaw
4. LinkedIn: http://www.linkedin.com/in/darshunkendrick
5. Weekly Blog Discussions: www.kendricklaw.wordpress.com
6. Partnerships: www.kendricklaw.net/partnerships
   and
7. Blogtalkradio: www.blogtalkradio.com/kendricklaw

Crisis Management: IT solutions to keep you “IN business and OUT of Court”

The Story

At Kendrick Law Practice, we are always looking for ways to not only keep you “IN business and OUT of Court” but also to let you know about vital business services.

Through out “Give and Take” Partnership Network (www.kendricklaw.net/partnerships), we will periodically start featuring one of our partners about their product or service.

Today’s feature is Partner Technology Solutions Bridge which offers IT consulting services, website design and development and facility rentals. Read and contact TSB for your IT needs. There is a special promotion for those of you that mention KLP!

Q: What is the name of your company and the services it provides?

A: Technology Solutions Bridge (TSB) Offers IT Consulting Services, Web Site Design and Development, and Facility Rental that includes a Meeting Room, Conference Room, and Computer/Training Lab.

For example, everyone has had their Computer crash one time in their life if you’ve owned a Computer or Laptop. One of our Non-Profit clients had 4 Desktops that Requested an Upgrade to Windows 7. Shortly Before we were due to pickup the PC’s from their office, one of the PC’s Crashed. Prior to the PC crashing, not one of the users initiated a Backup… What resulted from that was TSB having to do backups on the 3 PC’s prior to the windows 7 upgrade. Also we had to do a Data Recovery on the PC that crashed. The issue for us was the Data Recovery and the backing up of the Data prolonged the Turnaround Time the Client was initially given when the service requested. So We(TSB) says this to all Customer and Clients, back your data up twice a week if not, at least once a Week…

Q: What Makes You Different Than Your Competitors?

A: TSB is not your Typical IT Solutions Company. Our IT Services are Unlimited on what we provide. We also provide an Option for you of bringing your PC’s to our Location or We’ll Come to Your Business Establishment as a Service To you. Our Location isn’t just your typical Computer Repair Store. Our Location includes a Rental Facility with Meeting/Conference Rooms, Training/Computer Lab for Businesses, Business Professionals, and Home Based Business Owners.

Q: What Value Do You Add to Small Business Owners?

A: TSB helps Small Business Bridge the gap with their technology needs. We offer a wealth of products and services that can be customized to their individual businesses. Our goal is to Assist Small and Medium Size Business in Realizing the value of their information technology investments.

Q: What Sort of Legal Issues Do You See with Respect to Technology with Your Clients?

A: TSB has noticed an Increase in Legal Issues with Small Business in regards to their employees PC usage. Personal usage has become a major issue with Businesses lately. These Personal usage issues range from personal Emails, personal Internet usage, Downloading and Streaming Music. Misuse of Company Property (Computers and Laptops) can cause a breach in security by viruses and lead to a Company having to pay for these repairs and also typically lead to Termination.

Q: What Recommendations Do You Think EVERY Business Owner Should Have By Way of Technology?

A: TSB Believes Every Business Owner should have some form of a Backup Process for All Client and In-House Data. Loss of Data can be Detrimental for Business Operations whether it’s a Small or Large Size Business. In Addition to a Backup System, Every Business Owner should also have in place a Security Application to protect its Network and at the least the PC’s working on that Network. These are two essential necessities a Business Owner should have in Place.

Q: Are There Any Specials, Promotions or Programs You Are Holding Right Now?

A: Currently TSB has a Special on all IT Services. If you mention “KLP” you will receive a 20% Discount on those IT Services. Visit Our Website at www.techsolutionsbridge.com for more info or you can email us at info@bridgegrowth.net .

Why Kendrick Law Practice?

1. We offer comprehensive legal AND business advice and consulting, creating value for
   your company’s investment in us.
   KLP’s Founder, Dar’shun Kendrick, holds a law degree and Master’s in Business
   Administration.
2. We offer a three (3) point guarantee:
1. “24 hour guarantee”- You will receive a phone call from an attorney within 24 business hours of submission your information through our website;
2. “72 hour guarantee”- You will receive your document drafted or reviewed within 72 business hours after payment (or it’s FREE!) and
3. “Dispute guarantee”- KLP will negotiate the terms of any document that we drafted or reviewed FOR FREE should a dispute arise (*Does NOT include litigation costs.).
3. We provide access to a number of opportunities and resources.
   For example…
1. Monthly e-newsletter: Sign up by visiting www.kendricklaw.net;
2. Facebook: www.facebook.com/kendricklawpractice;
3. Twitter: www.twitter.com/kendricklaw
4. LinkedIn: http://www.linkedin.com/in/darshunkendrick
5. Weekly Blog Discussions: www.kendricklaw.wordpress.com
6. Partnerships: www.kendricklaw.net/partnerships
   and
7. Blogtalkradio: www.blogtalkradio.com/kendricklaw

Choose the RIGHT business structure—the 1st time!

http://smallbiztrends.com/2011/10/time-to-change-business-structure.html (last accessed October 13, 2011)

The Story

Nellie Akalp writes for smallbiztrends.com about switching from an LLC to a C corp, a C Corp. to an LLC and a C Corp. to an S Corp. But instead of CHANGING your business structure, let me give you a preliminary breakdown of the differences in the entities in Georgia so you can do it RIGHT the first time. Changing and switching is possible—but it can be time consuming, frustrating and more expensive.

Kendrick Law Practice partnered with Attorney and CPA Mr. Jeff Gartzman to compile an online radio show version of what I am about to blog about. View the full audio interview and discussion at www.blogtalkradio.com/kendricklawpractice as well as other GREAT audio on a variety of subjects. Starting very soon, KLP will be co-hosting with Partners in our “Give and Take” Network to bring you even MORE information so stay tuned! More information about our partnerships can be found at www.kendricklaw.net/partnerships.

My Perspective: The KLP “run down”

So here is the deal- The differences in business entities break down to one simple common element: money. Who gets money, how much money is taxed and who gets sued for money. Without going much into taxes, because you can hear in detail from a CPA from our blogtalkradio show above, let me generally state the differences in GEORGIA entities ONLY! (Remember, I am only authorized to practice law in Georgia.)

Sole Proprietorship

Liability: You are personally open to UNLIMITED liability for acts on behalf of your business. Bad move. Because a separate business entity.

Formation: Nothing. Just open up for business.

Taxes: You will be taxed as an individual so you would fill out a Schedule C on your tax returns.

LLC (Limited Liability Company)

Liability: Your personal assets are limited TO THE EXTENT that you don’t “pierce the corporate veil.” Don’t know what that means? It gets complicated; listen to the blogtalkradio show at www.blogtalkradio.com/kendricklawpractice.

Formation: Filing of a Transmittal Form and Articles with the Secretary of State and a $100.00 fee.

Taxes: If you are a single member LLC, you will be taxed as an individual UNLESS you elect to be taxed as a corporation. If you are a multi-member LLC, you will be taxed as a partnership (each person get a K-1 at the end of the year to report their own distributions).

C Corporation (general corporation and non-profits)

Liability: Your personal liability is only up to the amount of your investment.

Formation: Same as LLC but with some required statutory language in the Articles. Consult an attorney.

Taxes: Taxed twice- Shareholders AND corporation will be taxed. How to get around this? Don’t declare dividends to your shareholders—but they may get mad.

S Corporation

Liability: Same as C Corp.

Formation: Same as a C Corp. but you have to fill out separate documents to APPLY to be an S Corp. AFTER you have been approved as a C Corp. This is both on the state AND federal level for tax purposes.

Taxes: Only taxed ONCE (versus C Corp.) but there are limitations like (1) You can only have up to 75 investors and (2) They all have to be individual investors (not institutional like banks) as well as some other limitations.

General Partnership

Liability: Parners are JOINTLY AND SEVERALLY liable for the debts of the partnershps. Want to know what “joint and several liability” means? Review the blogtalkradio show at www.blogtalkradio.com/kendricklawpractice.

Formation: Nothing. No paperwork. Just start doing business with another person. BEWARE: There are legal differences between a joint venture and a partnership so know which one you are doing.

Taxes: Each partnership reports their distribution on their taxes.

LLP (Limited Liability Partnership)

Liability: There are two (2) types of partners- General partners and limited partners. General partners have the same liability as a General Partnership (above); Limited Partners have the same protections as an LLC. BUT BEWARE! Limited Partners have limited liability but the tradeoff is that they must have limited management authority. Once a limited partner becomes involved in management, they become a General Partner and subject to the same liability as a General Partner.

Formation: Filing with the Secretary of State the same as an LLC. You have to set out in the Articles who the Limited Partners versus the General Partners are.

Taxes: Same as a General Partnership.

P.C. (Professional Corporation)

Liability/Formation/Taxes: Same as a C Corp. BUT limited to actual professionals so additional paperwork may be required. There is a statutory list of who qualifies but it’s not exhaustive so just because a professional is not on the list doesn’t preclude it from being a “profession” that qualifies for this type of formation.

WITH ALL OF THESE ENTITIES, SECRETARY OF STATE REGISTRATION IS JUST THE 1ST STEP. YOU STILL MUST OBTAIN A BUSINESS LICENSE IN THE COUNTY OF YOUR PRINCIPAL PLACE OF BUSINESS!

As always, Kendrick Law Practice is here to help you with your document drafting (including articles and by-laws), document reviewing (including agreements, business plans and marketing material), and negotiating services (between entities with more than one owner). Visit us online at www.kendricklaw.net/clientservices/getstarted.html TODAY to learn more.

Discussion Question: What Questions Do You Have About Business Formation?