Preventative Legal Care: 12 Tips from Attorney Marcos E. Garciaacosta

Aug 24, 2023

Business owners are often afraid to contact an attorney. Some do it reluctantly when they experience a crisis and consider it a last resort. Putting away strategic safeguards for your business is problematic and can elude preventative legal care.  Attorney Marcos E. Garciaacosta wants you to know he offers a strategic vision of preventative legal care for your business rather than a remedial approach.

Attorney Marcos is ready to help you avoid future problems as much as possible with an excellent preventative legal plan for your business that offers strategic safeguards. 

Marcos E. Garciaacosta

Attorney Marcos can offer preventative legal care for his clients to mitigate and avoid future problems. Here are some expert tips.

12 Crucial Expert Tips for Preventative Legal Care

Small and medium business owners must consider strategically protecting their enterprises from crisis and mitigate the loss of assets. These 12 tips can help you focus in what is important. 

  1. Legal Structure Matters: Choose the proper legal structure for your business, whether a sole proprietorship, partnership, LLC, or corporation. Each has its implications for liability, taxes, and governance. We have found entrepreneurs accused of securities fraud because they registered a business as a corp and used financial instruments without the proper knowledge. 
  2. Contracts Are Crucial: Always have written contracts for business transactions, partnerships, or agreements, even among family members and close friends. These contracts should clearly outline expectations, responsibilities, payment terms, and dispute-resolution mechanisms. 
  3. Protect Your Intellectual Property: If you have unique products, services, logos, names, or inventions, consider patents, trademarks, or copyrights to safeguard your intellectual property and prevent others from copying or using it without permission. Use a non-disclosure agreement to prevent a former employee from using your internal information. 
  4. Compliance Is Key: Stay informed about federal, state, and local regulations that apply to your industry. Failure to comply can result in fines, legal disputes, or even the shutdown of your business.
  5. Secure Financing Wisely: If you need financing, research your options thoroughly and understand the terms and conditions before entering into financial agreements.
  6. Employee Matters: Understand employment laws and regulations, including hiring, termination, wages, and workplace safety. Knowledge helps avoid legal pitfalls and potential employee disputes. Understand the difference between an employee and a contractor from the economic, fiscal, and human resources aspects.
  7. Privacy and Data Security: If your business collects customer data, ensure compliance with data protection laws. Safeguarding customer information is crucial for both legal and ethical reasons.
  8. Clear Communication: Maintain transparent and clear communication with partners, employees, and customers. Misunderstandings can lead to legal conflicts.
  9. Document Everything: Keep thorough records of all business activities, transactions, and communications. This documentation can be invaluable in case of legal disputes. 
  10. Plan for Succession: Even if your business is small now, think about its future. Develop a succession plan to ensure a smooth transition of ownership or leadership. Preventative care is key.
  11. Seek Legal Counsel: Don’t hesitate to consult with a qualified business attorney. Their expertise can help you navigate complex legal issues and make informed decisions that protect your business interests. Have an attorney on your team so you can have access to him or her at any time, especially when writing or updating your contracts and other crucial legal documents. 
  12. Stay Informed and Adapt: Laws and regulations change over time. Regularly review and update your business practices to ensure ongoing compliance with legal requirements.

Preventative Legal Care is Key

Attorney Marcos wants you to view his practice of business law with a strategic and preventative lens. It is better to prevent a serious illness than to remedy it once it has started.  Remember, while these general tips can provide guidance, every business is unique. It’s essential to consult with a legal professional such as Attorney Marcos E. Garciaacosta, who can provide personalized advice based on your specific situation, location, budget, and legal needs.

Call us to schedule a free consultation at (480) 324-6378 or e-mail us at [email protected].

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