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January 18, 2018

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Do you need an operating agreement, trademarked slogan and a non-compete too?

June 1, 2017

Any good lawyer will refuse to sell legal services that will not actually benefit the client. This is especially true when working with small and start-up businesses, wherein my job as a legal counselor often involves telling my client that it does not make sense to spend money on the legal services the client wants to buy.

 

Many times clients come to me wanting to get started right away on an expensive set of corporate documentation and intellectual property protection. While those legal protections have their place, the reality is that small and start-up businesses need to carefully allocate resources and choose which legal protections will truly help the business grow.

 

Does your business need an operating agreement? Maybe. It depends on how many owners are involved and a myriad of other factors. Does it make sense to apply for trademark protection for your business slogan? Perhaps. Should you apply for a patent right away? In some industries, yes. Does your cousin that will be answering the phones need to sign an employment and non-compete agreement? Depending on your relationship with your cousin, maybe she does. Does it typically make sense to spend money to do all of those things at once? Absolutely not. 

 

A good business lawyer will help you weigh the options and decide what is critical while you grow and what should wait until later.

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