Our Attorneys Take Care of Business

California’s business laws are extremely complex, with many rules, regulations, and processes businesses must follow. Whether you’re starting a business, negotiating a contract, filing for bankruptcy, or need ANY business advice, one of our experienced business lawyers can help you navigate through California’s complex legal system. We understand that every business situation is unique, and so are their solutions. Based on your needs and preferences, our team will match you with the most qualified attorney in your local area. Some clients prefer to be represented by attorneys of the same or opposite sex; we will accommodate your preferences. At your request, we can get you in touch with one of our female business attorneys.

When hiring a business attorney, its important to hire one with experience in your particular legal matter. Her Lawyer’s business attorneys specialize in the following legal practice areas:

• Buying or selling a business
• Harassment
• Breach of contract
• Breach of fiduciary duties
• Business torts
• Business formation
• Entity Formation
• Partnership Disputes
• Corporate Misconduct
• Contracts
• Contractual Disputes
• Franchising
• Employment Contracts
• Labor disputes
• Loans
• Intellectual Property
• Commercial Leasing
• Unfair Business Practices
• Business Litigation
• Bankruptcy
• Corporate entity formation
• Trade secrets
• Taxes
• Other areas of business law

Read below to view pertinent information regarding common areas of business law.

Business Formation

Forming a business entails choosing a business entity, streamlining business procedures, and anchoring legal protections. When starting a business, owners can choose one of four options as a legal entity:

• Sole Proprietorship
• Limited Liability Corporation (LLC)
• Partnership
• Corporation

It’s important to understand the difference between each business entity before choosing one for your business.

Sole Proprietorship

A sole proprietorship is a business owned by one person, who carries personal liability. While owners enjoy control of business profits with ease, they carry liability. In a sole proprietorship, there is no entity difference between the owner and the business; if someone sues the business, the owner will be personally liable.

Furthermore, a sole proprietorship cannot be transferred from one individual to another; if an individual passes, the sole proprietorship no longer exists.

Limited Liability Corporation (LLC)

Owners of LLCs are considered separate entities from their business; do not carry personal liability for their business. If someone sues an LLC, the owner’s personal assets cannot be seized. Also, LLCs offer the legal protections of a corporation and the tax advantages of a partnership.

Partnership

In a business partnership, two or more co-owners agree to take on certain responsibilities in the business and possess equity accordingly. Co-owners share gains and losses. Specifically, there are three types of business partnerships:

• General partnership: partners share responsibilities, gains, losses, and liabilities
• Limited partnership: one or more general partners manage the business and carry personal liability, while other partners with lesser roles don not
• Limited liability partnership: All partnerships, including general partners, do not carry personal liability; they are protected from the actions of their partners

Corporation

A corporation is a legal entity in which an individual can buy shares of stock to gain ownership. Owners of a corporation:

• Carry limited liability
• Can sell shares of their company
• Can pass the entity to new generations of investors
• Do not pay income taxes

When creating a business, it’s important to start off on the right foot. Placing a solid legal foundation for your business to stand on is crucial, and a business attorney can help you develop the proper structure for your business to grow from. Contact Her Lawyer to get in touch with one of our business lawyers. If you prefer to be represented by a woman lawyer, we can get you in contact with one of our female business attorneys.

Bankruptcy

Bankruptcy is a legal process in which an individual or entity is unable to repay outstanding debts. By using existing assets to pay back debt, bankruptcies often allow individuals to get a fresh start at credit. Under certain circumstances, filing for bankruptcy may be one’s best option. There are various types of bankruptcies, which are often referred to by their chapters in the U.S. Bankruptcy Code. When filing for bankruptcy, it’s important to understand each Chapter’s processes and ramifications. The following chapter bankruptcies are applicable specifically to businesses and individuals in the United States.

Chapter 7

The most common form of bankruptcy, Chapter 7 bankruptcy liquidates an individual’s assets and distributes them to creditors. Business operations are handed over to a trustee, who will also take charge of handling the asset liquidation process. This form of bankruptcy often includes home foreclosure.

Chapter 11

Often referred to as reorganization bankruptcy, Chapter 11 allows individuals and businesses to come out of the bankruptcy process with their business still in good condition. Business owners remain in control of business operations and often attempt to renegotiate terms of debt. Furthermore, not all an individual or business’ assets can be up for grabs.

Chapter 13

Sometimes called “wage-earner bankruptcy”, Chapter 13 allows individuals to pay back some or all of their debts in a systemized payment plan. Contrary to Chapter 7, individuals that file for Chapter 13 bankruptcy can avoid foreclosure and save their credit.

If you’re looking to file for bankruptcy, a business attorney can help you through the entire process. Our business attorneys carry specialized expertise in bankruptcy law. Based on your unique legal situation, needs, and preferences, we’ll connect you with the most qualified attorney in your local area. We understand that every legal matter is unique; we’ll accommodate your preferences. At your request, we can connect you with one of our female business attorneys.

Contract Negotiations

Contract negotiation is the process by which two or more parties agree on terms in writing before committing to them. When negotiating a contract, it’s important for each party to understand the risks, rewards, and ramifications of certain terms that serve their mutual interests within legal confines.

To properly secure your rights in a business contract,

• Make Sure the Contract Is Written
• Include Specific Terms
• Correctly Identify Parties
• Include Potential Dispute Resolutions
• Discuss and Include Contract Termination Policies
• Include a Confidentiality Clause
• Keep Language Simple

In order to properly protect your rights in a business contract, you must have a clear understanding of corresponding business laws. Contracts must be within the confines of the law; your contract may be null and void if you unwittingly violate business regulations. A business attorney can help you properly draft, negotiate, and form a contract. Whether the contract is business or employment-related, our attorneys are versed in California’s contract laws.

Employment Contracts

An employment contract is a written agreement between an employee and an employer that states the worker’s and the company’s respective rights and responsibilities. As long as it follows the California Labor Code, employers can draft legally binding employment contracts that state terms of employment to an employee.

The following terms are typically included in an employment contract

• Salary
• Wage
• Benefits
• Schedule
• Duties
• Responsibilities
• Duration of employment
• Confidentiality

By establishing written terms prior to execution, the employee and employer both understand the terms of their agreement and can thus avoid potential conflicts. Nonetheless, its important to thoroughly examine the California Labor Code before forming an employment contract. If you need assistance forming an employment contract, contact Her Lawyer to get in touch with one of our business lawyers. Every legal situation is different; we’ll accommodate your needs and preferences. At your request, one of our female business attorneys can help you form an employment contract that protects your rights.

Breach of Contract

A breach of contract occurs when one party violates the terms of a contract between two or more parties. One or more parties may be entitled to monetary compensation if a party fails to uphold their end of the contract. In some cases, the breach of contract is so serious that the contract is best terminated. If you have been involved in a breach of contract, contact Her Lawyer to get in touch with one of our business attorneys. When matching you with an attorney, we will prioritize your needs and preferences. If you prefer a female attorney, one of our women business lawyers can help resolve problems from a breach of contract.

Business Law FAQs

How do I start a business in California?

• Get An Idea
• Create a Business Plan
• Choose Your Business Entity
• Register Business for Taxes
• Create a Bank or Credit Account for Your Business
• Get Necessary Permits/Licenses
• Buy Insurance

An attorney can help you build a legal base for your business to grow on. From negotiating contracts to filing taxes, having an experienced lawyer by your side can help you with your business activities.

What business entity should I use?

If you’re an individual starting a business, you may want to look into a sole proprietorship or LLC as your potential business entity. If you have partners, a type of partnership, corporation, or LLC may be best for you.

Each business entity has its own advantages and disadvantages. It’s important to understand each business entity fully before choosing one. One of our business attorneys can help you choose the right entity for your business and ensure your legal protection. If you prefer for a woman lawyer to help you form a business entity, contact us to get in touch with one of our female business attorneys.

What’s the difference between an LLC and a sole proprietorship?

Unlike owners of a sole proprietorship, owners of LLCs are considered separate entities from their business. Also, LLCs offer legal protections and tax advantages that sole proprietorships do not.

While owners of a sole proprietorship carry personal liability for their business, owners of an LLC do not. If someone sues an LLC, the owner’s personal assets cannot be seized; in a sole proprietorship, they’re fair game.

How do I form an LLC in California?

A business attorney can help you properly form an LLC in California. One of our experienced business attorneys can help you through every step of the LLC formation process.

Are my personal assets at risk if my business is sued?

Your personal risk depends on your registered business entity. While owners of a sole proprietorship or general partnership can have their personal assets seized, owners of an LLC or corporation cannot.

How can I protect my rights in a business contract?

• Make Sure the Contract Is Written
• Include Specific Terms
• Correctly Identify Parties
• Include Potential Dispute Resolutions
• Discuss and Include Contract Termination Policies
• Include a Confidentiality Clause
• Keep Language Simple

A business lawyer can help you properly protect your rights in a business contract. A clear understanding of your specific legal situation is imperative when drafting, negotiating, and forming a contract. If you’re looking for a lawyer to help you form a contract, contact Her Lawyer to get in touch with the most qualified attorney in your area; we’ll accommodate your needs and preferences. At your request, we can get you in touch with one of our female business attorneys.

How do I file for bankruptcy in California?

• Collect Bankruptcy Forms
• Complete a Credit Counseling Course
• Fill In Bankruptcy Forms
• Pay the Bankruptcy Filing Fee
• File Your Bankruptcy Forms at Court
• Send Business Documents to Trustee
• Complete a Bankruptcy Course
• Go to 341 Meeting

Although you don’t legally need one, hiring a business attorney to process your bankruptcy is advisable. Filing for bankruptcy is a very complicated process, and consulting someone with a clear understanding of bankruptcy can help protect your best interests.

What chapter bankruptcy should I file?

If you’re filing for bankruptcy as an individual or business, Chapter 7, 11, and 13 bankruptcy may be your best options. The most advisable chapter of bankruptcy to file is completely dependent upon the given circumstances.

To find out which form of bankruptcy may be right for you, contact Her Lawyer to get in touch with one of our experienced business attorneys. We understand that every legal situation is unique, and their resolutions should be as well. Some clients prefer to be represented specifically by a male or female; we will accommodate your needs and preferences. At your request, we can connect you with one of our qualified female business attorneys.

Do I need a business attorney?

Based on your legal business situation, you may need an attorney. Attorneys can provide legal counsel and representation to ensure you and your business are protected.

Business Law – Attorney Principles

Protecting Your Legal Rights

At Her Lawyer, your rights are our priority. Our experienced business lawyers carry specialized experiences in certain practice areas of business law. When you call us, we’ll connect you with the most qualified attorney for your particular legal matter. Your knowledgeable business attorney will understand the ins and outs of your particular legal matter, protecting your rights at all costs.

Minimizing Liability

When starting a business, minimizing unnecessary liability is a must. Your attorney will work with you to ensure you are legally protected where you need to be. Whether you’re starting a business, forming a contract, or filing for bankruptcy, a business attorney can provide the counsel and representation necessary to protect your legal rights. Our business attorneys carry the versatile experience necessary to handle your unique legal matter.

Individualized Representation

We understand that no legal situation is the same, and neither should their solutions be. Based on your unique legal matter, needs, and preferences, we’ll match you with the most qualified attorney in your local area. Although most clients don’t have a preference, some clients prefer to be represented by a male or female; we will accommodate your preferences. At your request, one of our women business lawyers will handle your case with confidence, expertise, and discretion.