Philadelphia Business Lawyer Sarah E. Holmes
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4 Reasons Why It's Dangerous To Draft a Contract From an Online Service or Template

8/28/2018

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​In the digital world we live in, it can be tempting to forgo hiring a lawyer and simply Google a template for your business contracts, “going it alone.” Contracts are one area, however, where this may not be the best strategy.

It is always wise to hire a lawyer to write your business contracts. Without a lawyer involved, contracts can have serious consequences including exposing your business to unnecessary risks including lawsuits.
 
Here are four reasons you're better off hiring a lawyer to draft your contract:
  1. Contracts written by lawyers may make enforcement in court easier, should that become necessary.  By writing your own contacts you run the risk of leaving out key terms and information necessary to make the contract enforceable. Additionally, a template may be outdated and/or not take into consideration State specific laws. At the very least, it is wise to have a lawyer review any contracts you draft on your own.
  2. You will have the peace of mind knowing your business contract is thorough and complete.  Lawyers are trained to draft contracts that clearly outline the responsibilities of each party and to anticipate any problems that might arise within its terms. If you have problems clear language can help you resolve them.
  3. A lawyer can provide assistance with specific language in your contract, resulting in a more favorable outcome.  An experienced lawyer in your industry will know the customary contract terms and push the boundaries and tipping the scale in your favor, potentially saving you money. With this in mind, if you are presented a contract that has been drafted by the other party’s lawyer, you can assume that it is going to be more favorable to him/her.  For that reason, it is wise to have a lawyer review it, on your behalf, prior to signing on the dotted line.
  4. A lawyer is familiar with the various types of contracts your business needs. Every business has different needs, and an experienced lawyer will help you identify these needs and properly prepare for them. Properly identifying all of the different contracts your business needs and what they cover can save you headache and hassle down the road.
 
Good legal advice can be crucial to small business success. Contact us today to see how we can help you navigate the world of contracts.
 
 


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Do I Need A Lawyer For My Start-Up?

8/16/2018

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This is a question we get frequently.  You have made your dreams a reality so getting your business up and running is now your top priority!  With that in mind, you know that you do not have an unlimited budget for startup and legal fees.  So, does your startup really need a business startup lawyer? The answer is, YES! 

It is so important to be mindful of the legal implications of your business decisions. Consulting a business startup lawyer, sooner rather than later, can go along way in helping you avoid possible legal consequences down the road.  Below you will find some key ways an experienced startup lawyer can help with.
 
Protecting Your Ideas
 
The basis of most startups is putting an innovative idea to work.  This is the heart of your business and it is essential to protect it. If your idea involves an invention, an intellectual property (IP) lawyer can help you navigate and file relevant patent applications.  Because of patentability limitations and competition, you will want to get it done fast and get it right the first time!
 
Protecting Your Brand’s Identity
 
After having spent an enormous amount of time and energy, not to mention money, into gaining brand recognition, you definitely want to protect it.  A great way to protect your brand name or logo is by registering it as a trademark. A distinctive word, phrase, symbol or design qualifies a trademark that you can register with the U.S. Patent and Trademark Office (USPTO). An experienced startup lawyer can help you navigate this process smoothly.
 
Regulatory Environment
 
Depending on the nature of your startup, there are a number of regulations that may affect your business. It is important to understand the FDA, environmental, zoning, and pharmaceutical regulations that may affect your businesses. An experienced startup lawyer can advise you on which regulations you need to comply with and how you can avoid non-compliance.
 
Data Privacy Issues
 
If you will be using the internet in the course of doing business, and no doubt you will at some point, you should consider implementing user agreements. These agreements detail the user code of conduct, disclaimers of warranties by the website and disclaiming liability for any links to third party sites. Most websites will also include a privacy policy, detailing how your company uses, processes, stores and shares data.   You should definitely want to enlist a lawyer to draft these agreements and policies to avoid overlooking what could end up being costly legal issues.
 
These are just a few of the many ways that a startup lawyer can assist you in setting up your business. Contact us today for a consultation to see how we can help you protect your new business. 

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    Author

    Sarah E. Holmes is a Philadelphia business attorney and strategist that helps start ups and established businesses looking to expand, protect their assets and increase their profits in an approachable, down-to-earth way.  When you're looking for a business lawyer in Philadelphia, the Main Line or New Jersey, we can help.

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Holmes Business Law, P.C.
​Two Convenient Locations- Main Line and Center City
40 E. Montgomery Avenue (all mail)
4th Floor
Ardmore, PA 19003
and
1515 Market Street
Suite 1200
Philadelphia, PA 19102
215-482-0285
 

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All site content is subject to copyright 2021 by Holmes Business Law P.C.
This website and its content herein constitutes attorney advertising.  Any content on this website should be construed as informational, not legal advice.  No information on this website is intended to create an attorney-client relationship.  Only a signed fee agreement between Sarah E. Holmes and the client will establish an attorney-client relationship.  Use of any information on this site is provided "AS IS" with no warranty of any kind, either express or implied.  Always consult with a licensed attorney in your own state for legal advice.
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  • Home
  • Attorneys & Areas of Law
    • Business Entities >
      • Corporations
      • Limited Liability Company (LLC)
    • Business Immigration
    • Business Purchase or Sale
    • Raising Capital & Investor Agreements >
      • Promissory Notes and Debt Financing
      • Private Placement and Equity Financing
    • Business Contracts >
      • Consulting Agreement
      • Employment Contracts
      • Independent Contractor (1099) Agreements
      • Website Terms and Privacy Policies
    • Copyright & Trademark
    • Hiring Employees/NDA/Non Compete
    • Estate Planning & Wills
    • Commercial Real Estate >
      • Commercial Lease
    • The Right Start Program
  • About
    • Speaking and Events
    • Client Testimonials
    • Privacy Policy/Terms of Use
    • Contact
  • Business Success Tips
  • Flat Fee Packages
    • New Businesses
    • Existing Businesses
    • Dispute Resolution
    • Trademarks & Copyright
    • Estate Planning
  • COVID-19 HELP