Law Office of Jason H. Rosenblum, PLLC

Intellectually Protecting Your Property ®

Yes, You Need to Consider Legal Issues if You Own a Business

Delivering your product & services requires that you consider certain legal issues:
I recently attended a conference held by my coach and advisor in which he introduced and focused on the idea that one of the main parts of every business is the physical plant or factory.  Your physical plant has to be in alignment with your future goals; a properly planned physical plant empowers your employees and provides them with the tools necessary to help you meet your goals. Your physical plant should also allow your clients to profit from working with you; a properly planned physical plant helps you get your clients to their goal.  Ultimately, the efficiency of your physical plant can help determine your success in the future.
Even in today’s virtual world, once a phone call has taken place, an agreement has been made, a sale has been confirmed, the physical plant takes over and work has to be done.  It produces the work that a sale has promised to a client or customer.
What does your factory produce?  How do you add value to your clients or customers and their businesses?  Even if you have a virtual office you still have a factory (whether it is a computer in a coffeeshop or a desk in a communal space), as your deliverables must get produced somewhere.
A key take-away from the weekend was how much your physical plant affects your business.  The space in which you choose to produce can either constrict the development of your business or allow it to grow. If you are aware on any level that your manufacturing is at maximum capacity (even subconsciously), you will stop marketing, you will stop selling, you will impede the progress of your business . You should properly plan your physical plant to accommodate the business you expect.  Plan your physical plant based on where you want your business to be, not just where it is now.  Work in an environment that will encourage you to expand.
Your physical plant should run on systems; the systems should be built on your policies, procedures, checklists, operational manual, examples, templates, etc. that convey to your employees, independent contractors, vendors, and clients who does what, how they do it, and by when, so that your clients know what to expect and receive their deliverables just as promised.
You are probably asking why I an attorney am writing about your physical plant and giving tips  about how to run your business.
First, I am invested in my clients’ businesses.  I want my clients to succeed;.  My job is not only to discuss legal issues with my clients, but to act as an independent advisor and ask them some of the tough questions related to their business and their goals that they might not ask themselves.
Second,the number and the gravity of legal issues associated with operating your physical plant is notable; I can help you understand and be ready for them.  In operating a business and forming your physical plant, you will be working with software licenses, license agreements, independent contractor agreements, client service agreements, leases, insurance policies, and so on. These agreements and forms are in fact contracts that hold both you and the other party liable. Since these contracts must  be read and understood.  If you are not going to review them, then have a knowledgeable attorney do it for you.  A commercial lease should never be signed as is, there is always room for negotiation (free months rent, landlord payment for the build out, right to sublease unused space that you may grow into, utilities, parking and signage).  Commercial leases are notoriously one sided in favor of the landlord. DO NOT just sign the lease your landlord puts in front of you. And this goes for all agreements DO NOT just sign them, read them, understand them, ensure they memorialize the deal correctly.
As my coach and advisor states “you must lay your tracks before you get there.”  Those tracks in business include having legal counsel review agreements you receive and draft ones you give to others.  If you have questions about your contracts, contact the Law Office of Jason H. Rosenblum, PLLC here to discuss the details first. It will be in the best interest of you and your business.
DISCLAIMER: The information contained in this article is for informational purposes only and is not legal advice or a substitute for obtaining legal advice from an attorney.
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