Advice for Business Startups
 Business entrepreneurs are often born when they take a great idea and grow it into a solid business. But marketplace success can often lead to a variety of business mistakes if entrepreneurs overlook or ignore proper legal and administrative organizational fundamentals.
In the marketplace, bliss does not generally follow after ignorance. Preparation, planning, implementation, monitoring and problem-solving are business necessities utilized to assure ongoing success. Business entrepreneurs should consider the following fundamental measures in protecting and preserving their ongoing business operations:
Choose the right business structure. Sole proprietorships are often the form of choice for new business owners due to the minimal time and expense involved in startup, but they offer no protection of personal assets from business liabilities. Corporations, limited liability companies, and other entity options generally provide such liability protection. However, the proper selection often hinges on the type of business, the involved owners and operators, the management and operational structures, tax issues and other considerations of the business.
Implement an employment handbook to address business policies and procedures. Hiring employees often leads to legal risks. Having written policies and procedures helps minimize legal exposure. Employment handbooks typically address employment-at-will, responsibilities and expectations for employees, disciplinary issues, benefits, and other topics. However, poorly prepared handbooks can often create more problems than they solve.
Stay on top of problems. Procrastination or avoidance seldom work to resolve problems. If conflicts arise with or among employees, customers, or suppliers, these problems should be addressed to prevent the situation from escalating into more serious disputes or possible legal action.
Maintain open and honest communications. Good communication is always a positive objective, whether dealing with employees, customers, or suppliers. Dealing with others in an open and honest manner is generally an effective technique to avoid legal problems.
Maintain excellent written records. A good paper trail is essential in a dispute. Record keeping practices should focus on thoroughness and accuracy in dealing with issues like accounts receivable, purchase orders, sales agreements, banking records, and even photos and video footage of products or projects.
Pay attention to the bottom line. Knowing what it costs to provide a product or perform a service is critical to the success of a business. Staying on top of billing and collecting should be prioritized, as well as trying to develop a diversified customer base.
Document the transaction. Handshake deals often end in disaster, particularly when the relationship sours. A written agreement signed by the parties should be looked upon as a tool for assuring complete understanding and expectation among the contracting parties rather than a source of distrust. Poorly written agreements or lack of written agreements frequently undermine relationships and result in legal action.
Keep key employees engaged. Business owners are sometimes isolated from observing the daily dynamics among employees of the business or between its employees and customers. To assist in the identification of potential opportunities or problems, the business should keep key employees engaged in roles where their input is valued and, where appropriate, is implemented for operational success. Such empowerment will help motivate managers and employees to prioritize the best interests of the business.
Balance emotional, practical, and economic motivations. Making decisions based "on principle" often contradicts what logic might dictate as being the practical or economic alternative of choice. Allowing emotions to drive the process may yield consequences which are costly, time-consuming, or unreliable. Evaluating problems and solutions with a level head and a balanced approach is critical to achieving successful outcomes.
Seek professional assistance. Business disagreements and disputes can be complicated and costly, particularly if the matter ends up in litigation. Before problematic situations deteriorate or disputes escalate, the help of a legal professional should be utilized to save time and money over the long run. Proactive investigation and analysis of options and possible solutions may extinguish a smoldering dispute before it gets fanned into a fire of business crisis. Resolution techniques such as mediation or arbitration may present more appropriate courses of action than litigation. Professional advisors can assist in analyzing the available choices.
For further information on these topics or other business law matters, please email either Attorney Doug Hahn (Douglas-Hahn@mennlaw.com) or Attorney Bob Duimstra (Robert-Duimstra@mennlaw.com). All of our attorneys may be reached by phone at 920-731-6631 to discuss the legal services you may require.
Before you go to court
How long will it take to resolve my case?
This question is on the mind of nearly every client. The answer, however, is difficult to provide and can be influenced by a number of factors in each particular case. For example, some matters may be settled more quickly than others based on the nature of the case or the parties involved. The timeline of your case is largely dependent upon the litigation process and, by its nature, the process can be a lengthy one. This article seeks to provide you with a brief overview of the litigation process as well as an understanding of how your case will be handled.
Evaluation and Negotiation
When an accident occurs or a dispute arises, your case must be evaluated and an appropriate initial strategy must be selected. This process most likely will involve an office meeting or telephone conference to discuss the details of the matter. Your attorney will ask you to provide him or her with documents and other important information to assist in investigating and analyzing your case. When appropriate, your attorney will work to resolve the case without the need for formal litigation.
Filing or Defending the Claim
If your case cannot be resolved, your attorney will file a lawsuit. If you have been sued it is important to contact your attorney immediately so that he or she can answer the lawsuit and protect your interests. When a lawsuit has been filed, the formal litigation process begins.
Discovery
The discovery process is designed to allow both parties to the lawsuit to obtain relevant information from each other and from other sources. For example, authorizations may be executed to obtain medical, employment, or other records kept by a third party. Your attorney may issue or have you answer written questions called requests for admissions or interrogatories. Depositions may also be taken of you, the opposing party, or third parties that have information about your case. A deposition allows an attorney to ask questions of the individual being deposed and get answers that are under oath and transcribed by a court reporter. The extent and the length of the discovery period may vary greatly based on the subject matter of the case and the number of parties involved.
Mediation
After the information about the case is gathered, your case will likely be mediated. A mediation is conducted by a neutral third-party, oftentimes a retired lawyer or judge. The mediator works with the parties to reach a settlement without having to conduct a formal trial with a judge or a jury. Prior to the mediation, your attorney will meet with you to discuss the details of the mediation and the appropriate strategy to achieve the best results at the mediation.
Trial
If a settlement is not reached at mediation (or sometime prior to trial), your case will be litigated in front of a judge or jury. Your attorney will prepare your case for trial as well as prepare you for your role in the trial. At the conclusion of the trial, the judge or jury will decide the outcome of your case.
Conclusion
The litigation process can be lengthy. Frequently, because of the court calendar, your case may be set a year or more in the future. During that time, your attorney will be guiding you through the segments of the litigation process. If you are in an accident or if a dispute arises, it is important to contact your attorney immediately so your legal interests can be adequately protected.
Menn Law Firm, Ltd. regularly advises and represents its clients in dealing with the litigation subjects discussed in the above article. For further information or to schedule a personal consultation with one of our attorneys, please email either Attorney Mark Feldmann (Mark-Feldmann@mennlaw.com) or Attorney Pat Coffey (Patrick-Coffey@mennlaw.com). All of our attorneys may be reached by phone at 920-731-6631 to discuss the legal services you may require. |
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Divorce:
A consumer guide
Custody is the right of a person to make major decisions concerning a minor child. These decisions include consent to marry, enter military service, obtain a driver’s license, choice of school, choice of religion, and seek non-emergency health care, among others. When granting custody, the Court looks at what is in the best interest of the child. State law presumes “joint legal custody” is in the child’s best interest.
Joint legal custody is when both parties equally share the ability to make the major decisions on a child’s behalf. Sole legal custody is where only one party has the right to make major decisions for a child. The court may award sole legal custody if both parties agree. Other instances where sole custody may be granted are: when one party asks and the Court finds the other party is not capable of performing parental duties and does not wish to have an active role in raising the child; one or more conditions exist that would substantially interfere with both parties exercising joint legal custody; or parties are unable to cooperate in future decision-making required under an award of joint legal custody. If a party has engaged in a pattern of or serious incident of spousal battery or domestic abuse, then the court will presume that it is detrimental to the child and contrary to a child’s best interests to award joint legal custody.
The issue of where a child or children will reside is called placement. The court does not give any preference to either parent because of his/her sex or race but instead considers the child’s “best interests” and 16 different factors listed in the statutes when determining placement. Methods used when considering a placement decision include both parties stipulating to the placement, mediation, using an attorney ( Guardian ad Litem ) appointed to represent the children’s “best interests,” or custody studies.
Child support is based on a payer’s gross income. The court must apply the percentage standard established by the State of Wisconsin Department of Workforce Development (DWD) when determining child support. The starting percentages are: 17% for one child, 25% for two children, 29% for three children, 31% for four children and 34% for five or more children. There are additional formulas that are followed in low-income, high-income, serial payer, shared placement and split-placement situations. The court also takes into consideration variable costs (defined by DWD as “reasonable costs above basic support costs incurred by or on behalf of a child, including but not limited to, the cost of child care, tuition, a child’s special needs and other activities that involve substantial costs”).
Maintenance, which is also known as spousal support, was formerly called alimony. It may be granted for a limited or indefinite period of time. State law specifically sets forth 10 different factors that the Court considers in determining whether or not to award maintenance. These factors include: length of marriage, ages of the parties, their physical and mental health, property division, earning capacity of the party seeking maintenance, the ability to self-support at the marital standard of living, agreement(s) between the parties, contribution to a party’s education, training or increased earning capacity, tax consequences, and a catch-all clause of “such other factors as the court may deem relevant.”
When looking at property division, the court must presume that all property, except property acquired by gift from someone other than a spouse or through inheritance, is to be divided equally between the parties. However, the court can alter that division after considering 14 factors listed in the statutes. Those that are most commonly considered are: length of marriage, property brought into the marriage (and debts), and any written agreements made by the parties.
Menn Law Firm, Ltd. regularly advises and represents its clients in family law matters such as those discussed in the above article. For further family law information, please email either Attorney Barbara Holly-Fox (Barbara-HollyFox@mennlaw.com) or Attorney Jim Miron (James-Miron@mennlaw.com) or call them at 920-731-6631 to discuss the legal services you may require.
Upcoming Community Events:
Menn Law is proud to support many non-profit organizations in our community. Some of our upcoming events are:
Fox Valley Young Life Banquet, Neenah
March 8, Appleton
Boychoir 30th Anniversary Spring Concert
March 27, Lawrence Memorial Chapel Appleton
Lawrence Academy of Music Girl Choirs Concerts
April 4, Lawrence Memorial Chapel Appleton
Community Foundation for the Fox Valley Region “Celebrating Our Volunteers”Annual Awards Gala
April 23, Appleton
MacDowell Male Chorus Concerts
April 25, and May 1 Lawrence Memorial Chapel
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