Atlanta Business Lawyer Blog

One of the most important services an experienced Georgia business lawyer can offer you and your business is knowledge, expertise, personalized legal guidance, and greatly increased chances your GA business will be successful, profitable and sustainable. Lawyers, unlike legal document services, know the problems encountered by GA businesses similar to yours, the GA state and federal courts and the government agencies you will inevitably interact with and the consequences a minor mistake or careless assumption may cause. These consequences can be costly, permanent, or even fatal to your business and your personal finances and welfare. As an experienced business lawyer in Georgia, I have found many of these problematic business situations arise out of faulty legal documents, improper business contracts, agreements or transactions. These are just some of the compelling reasons you should consider hiring a Georgia business law firm to assist and guide you in your business dealings.

Moreover, if your business is successful, the chances are good that you will need a good GA business lawyer again. Our Firm receives repeat Georgia business referrals constantly from clients who I have helped start their own Georgia business, and who later found that they needed other legal services, like reviewing a Georgia lease or taking their business to the next level of growth and profitability. In contrast, I also receive a large number of referrals from business owners send troubled colleagues my way so for resolution of a Georgia business dispute which otherwise could have been avoided had these business owners taken the time to get their businesses off to a good start with proper legal representation. I firmly believe, and have seen time and time again, that it is commonplace prudent business judgment for business owners and entrepreneurs alike to seek the services an experienced GA business lawyer. These services are invaluable and should at the very least, be considered.

A short list of the benefits a GA business lawyer can provide are as follows:

• Advice on which business entity is best for your situation and the best family or friends to involve;
• How to run your business and keep your books in order to get the maximum benefits from incorporation and avoid personal liability by another party “Piercing the Corporate Veil” and being able to access your personal assets for collection on any judgment against you or your corporation;
• An honest discussion of legal liability for the business and for you as an individual;
• Analysis of Georgia laws, county laws, city laws and local requirements will affect your business;
• Assistance with for permits, licenses and zoning and other requirements which will have an impact of your business and are necessary for its operation;
• Advice on the tax consequences and benefits of your GA business entity is subject to or entitled to;
• Assurance that your papers were completed correctly;
• Assistance with GA business contracts in your dealings with your clients and vendors;
• A local experienced GA law firm to call on when issues arise; and, you can be rest assured they will.

Continue reading " PRUDENTLY, PROFITABLY AND LEGALLY DOING BUSINESS IN GEORGIA – BE CAREFUL OF THE MANY TEMPTATIONS AND PITFALLS OF “BEING YOUR OWN LAWYER” " »

As an experienced Atlanta business lawyer, I find that one of the most rewarding parts of my business practice is helping clients set up a brand-new Georgia business or re-establish and existing one. In doing this, the basic issues which first need to be addressed, are choosing the correct legal entity under which the Georgia Business will operate and filing the necessary papers with the GA Secretary of State. In addition, the business must establish and confirm any necessary business relationships and memorialize these in legally binding contracts per GA law. Any business must also understand the legal requirements and ramifications of local, State of Georgia and federal tax requirements, and licensing.

In recent years, my colleagues and I have begun to notice “client perceived” competition from do-it-yourself companies, called legal document services or elawyering. Essentially, they offer legal forms and instructions for filling them out, claiming you will pay a much lower price for using their services than you might pay if you go to a licensed GA Business Attorney. Naturally, these services are only offered for common legal matters, which assume and lull you into a false sense of comfort that you have set up your business correctly. These elawyer and internet form companies maintain and make you believe your business is “cookie cutter” and without unusual circumstances. These services claim to offer such services as deed transfers, startup papers for a new business, etc. In the many years I have practiced business law, I have found that there is not a business without unusual circumstances, needs, and dynamics. This is a fact, not conjecture.

IN FACT, THESE ELAWYER INTERNET COMPANIES WHICH PURPORT TO PROVIDE LEGAL SERVICES EVEN STATE, THAT YOU NEED TO HAVE AN ATTORNEY AND THEIR INFORMATION IS NOT A SUBSTITUTE FOR LEGAL ADVICE AND IS LEGAL INFORMATION – IN FACT, WHAT THESE ELAWYER INTERNET COMPANIES ARE DOING TO CONSUMERS IS DISTURBING AND WORRISOME TO SAY THE LEAST.

Continue reading " DO YOU NEED A GEORGIA BUSINESS LAWYER? -- FORMING AND OPERATING A BUSINESS IN GEORGIA " »

In my practice as a commercial real estate lease lawyer, I have found the majority business owners will have to deal with the reality of entering into a Georgia commercial lease agreement at some point in during the course doing business. Commercial leases can be lengthy, complicated, convoluted, and practically impossible for even the most sophisticated businessperson to understand. They may utilize industry standard terms such as “triple net lease”, “Subordination”, “Estoppel Certificates”, “Tenant Improvement Allowance”, all of which have legal significance and significant legal implications. There are also always practical issues such as parking, signage and business hours, indemnification and insurance issues, which seem to look harmless in the lease, but may have widespread significant and destructive consequences to the business tenant and even the landlord if not thought through and considered during the due diligence period. The due diligence period is the period in which the parties to a contract, agreement or other business matter are negotiate, research, investigate and consider all issues which can be thought of before any business transaction should take place. During this due diligence period, all commercial leases should be carefully reviewed and scrutinized by an experienced Georgia lease attorney from a Georgia real estate contract law firm. This should be done prior to signing and by both the property owner, prospective tenant and any other party to the contract or agreement.

Remember that once you or your authorized representative signs a commercial lease, you will be bound by its terms. It is common for commercial leases to bind parties for many years on end or even decades or more. There are oftentimes options for additional terms in the lease or agreement that can be exercised and should be carefully thought through. That being the case, a commercial lease can be worth hundreds or thousands of dollars or more, and as such, may be a substantial asset or a liability to any business depending on your position.

There are many working parts in a commercial lease. Often times, many of these parts are negotiable and it is customary and wise to have an experienced Georgia real estate contract attorney to protect your business and personal interests. As such, each of these elements should be understood and considered when negotiating and/or entering into a lease and prior to signing. If you have concerns or fail to address them, you are likely setting yourself up for prospective trouble in the future. As you would expect, commercial landlords usually have ready and offer the initial Georgia real estate agreement to the prospective tenant. They have already paid their experienced GA real estate contracts attorney to draft these agreements in their best interests and with all terms most favorable to their interests. Both landlords and prospective tenants need someone in their corner to protect their best interests when proposing and entering into these specialized real estate contract agreements in Georgia.

Continue reading " COMMERCIAL REAL ESTATE LEASES, CONTRACTS AND AGREEMENTS IN GEORGIA: YOUR RESPONSIBILITIES - REVIEW, REVISE, NEGOTIATE, UNDERSTAND AND MORE – YOUR DUE DILIGENCE IS CRITICAL " »

Everyone knows that times are tough for homeowners right now, especially here in the Atlanta, Georgia area where there are unprecedented amounts of foreclosures. As a real estate lawyer in Atlanta, I have certainly seen a dramatic change in my own practice. Until fairly recently, I was able to help many clients become homeowners by reviewing and writing contracts and agreements for their new homes. Unfortunately, a large part of my real estate practice has now shifted to helping homeowners with financial problems avoid foreclosure by negotiating with the banks and lenders that hold their mortgages. In fact, we are seeing remarkable and unprecedented times as banks and lenders are in trouble, confused about where their institution will end up next and with no viable help from the government.

I believe that part of the problem is that some homeowners don't realize that there is a foreclosure process -- and that it offers several opportunities to work things out with a lender. Banks don't like to foreclose because they often lose money on foreclosures, and because maintaining and selling homes is not really part of their business. They are open to working with you to keep your payments current, especially if your financial problems are temporary. There several ways banks and lenders are engaging in this loan workout process as the banks and lenders know that getting something is better than nothing. They oftentimes will forestall payment requirements, work out different interest rate percentages, mortgage loan types and terms.

If you are behind on your mortgage payments in GA, you will get only get certified letters and maybe phone calls. If your having trouble paying your mortgage or have already missed payments, it is well worth the money to hire an experienced attorney to stall or re-negotiate your loan terms and the before the bank or lender begins the foreclosure process. At any point during that time, an experienced real estate loan workout attorney can call your bank or lender, explain your situation and ask about your options. You may be able to get a temporary break from payments, refinance or supplement partial payments with a loan. Even after foreclosure proceedings have started, in this unprecedented market and time, are likely still be able to have an experienced attorney negotiate with your former bank or lender to re-instate your mortgage or stay the official proceedings of removing you from your home.

Continue reading " BANKS AND LENDERS WANT TO WORK WITH YOU AS GEORGIA MORTGAGE CRISIS WORSENS – THE BANKS ARE IN TROUBLE TOO – MAYBE MORE THAN YOU KNOW " »