It pays to be proactive.

In the course of our practice, we often encounter situations that could have been dealt with much easier and much less expensively if they had been addressed prior to a conflict or some other event which makes those changes either impossible or highly unlikely. 

Based upon our experience, the lack of appropriate documentation can significantly impair your legal rights, create unwanted stress and anxiety and cost a lot to address. These situations typically occur on short notice and result in adversarial situations and take their toll on you. We want to help minimize the stress and potential serious consequences of these types of situations, as well as avoid the hardships that can occur upon your business partners and family members as a result of not having updated documents. To accomplish this, we strongly urge you to have your legal documents reviewed on an annual basis.

We have developed a program that we call a “legal checkup” to facilitate a periodic review for a fixed fee to encourage you to be proactive in your legal affairs. Like your annual checkup with your doctor, we will help you minimize the risk of future unexpected hardships that might arise from incomplete documents or outdated documents as well as the legal expenses required to address the impact of inadequate documents in the course of a lawsuit or other dispute. By taking these steps on a regular annual basis, you can have the peace of mind knowing that you have done the best you can to anticipate potential pitfalls and minimize the hardships that would be placed upon your family members or business partners in the event of an unexpected tragedy or misstep. Each of the examples above could be addressed with some simple follow up and in the absence of a dispute, will be much easier (and less costly) to accomplish.

 

Here are a few situational examples:

#1: You signed a health care power of attorney when you had a will prepared a few years back. You designated your best friend as your power of attorney to make decisions for you in the event you become incapacitated. You suffer a tragic accident that renders you incapacitated, but your best friend is no longer a friend and has moved away. Your loved ones and/or family members must now seek Court authority to help in your time of need.

#2: You are one of several members in a Limited Liability Company (“LLC”) that was formed to operate a business. An operating agreement was never prepared or one may have been prepared but never executed by all the members. One of the other members has signed a contract for the LLC that you didn’t approve or has taken out more money than the others. The members are all mad at each other and no one’s talking. Asking them to sign an operating agreement now is not productive and only leads to a bigger fight.

#3: You make a loan to a business partner. Did you get a promissory note? Did you get collateral and if so, was it properly secured? Were all the documents properly executed and recorded/filed to perfect and protect your lien. Even though your borrower said it was all filed, do you have those records in your file? If not, you may be last in line to get paid.

#4: You own a corporation but have not held a corporate meeting or filed your annual reports with the Secretary of State. You are about to close a big loan for the company and your entity has been canceled due to lack of filings.


 

Ready to get started?

This program is designed to address routine issues that we encounter and is not the substitute for legal representation in a disputed matter. However, if we do identify an issue that we recommend you address, you will have the opportunity to discuss that matter and related issues during your consultation as part of the Legal Checkup.

We offer the following types of checkup:

  • Existing Small Business
  • Small Business Human Resources Review
  • Small Business Planning
  • Individual or Couple

Fill out the form to start your check-up, and we'll have someone follow-up with you shortly. 

Please review our disclaimer before contacting us. Do not send us any confidential information without obtaining our prior approval. This e-mail form is not intended to, and will not, create an attorney-client relationship.

 
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