legal questions for attorney when starting up landscaping business

by Kenyon Hamill 9 min read

Should I start a landscaping company?

Dec 03, 2005 · For example, "Jones Inc." could be the corporate name, with "Bob Jones Landscaping" as the business name. In this case, you would see it described in a legal context as "Jones Inc. doing business ...

What questions to ask a business lawyer before starting a business?

But starting a business can be a very risky venture. The more you plan and strategize before you start your business, the more likely you will be able to succeed. Here are the 5 top questions to ask a business lawyer before starting a business. Before you start your business, make sure yourself you ask the following…

How can a small business attorney help you start your business?

How do I get a landscaping business license?

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What questions should I ask a lawyer before starting a business?

7 Questions to Ask Your Attorney Before Starting a BusinessWhat Business Structure Should I Choose? ... What Do I Need to Know About Choosing a Name for my Business? ... How Do I Minimize My Risks as an Employer? ... What Should Be In My Operating Agreement or Bylaws? ... How Can I Protect My Intellectual Property?More items...•Nov 9, 2020

What is a landscaping agreement?

A landscaping contract, also known as a landscaping services contract , is a legal instrument entered into by a landscaping contractor and a client. The agreement specifies payment terms, party contact information, types of services provided, and how to handle legal disputes.

Why do small businesses need lawyers?

Why do small businesses need a lawyer? ... Ensure compliance: A lawyer can help make sure that your business opens and operates by federal, state and local laws. Reduce risk: Doing business exposes you to risk, but a business attorney can help you establish a set of procedures that will limit your risk.Apr 4, 2019

How do you interview a business lawyer?

Here are some questions to consider before hiring an attorney.1.) What do they charge? ... 2.) Do they require a retainer? ... 3.) What type of clients do they usually work with? ... 4.) Can you vet them for free? ... 5.) What are their specialties? ... 6.) Who will work on your case? ... 7.) Will they go to trial? ... 8.) Are they local?Aug 11, 2021

How do you write a landscape proposal?

What to Include in a Landscape ProposalCover Letter. A cover letter should be seen as your one-page, warm introduction to the prospect. ... Landscape Bid. ... Visual Representation of Project. ... Customer Testimonials. ... Information About Your Services. ... Insurance Certificates. ... Contract. ... Business Card.

What is a landscaping proposal?

A landscaping proposal is used by landscaping companies or gardeners to plan out the costs for a landscaping project. ... Then when you fill out the attached form with the costs and client information for each landscaping job, submissions will be turned into PDF documents automatically.Sep 29, 2020

Does a company need a lawyer?

Lawyers are necessary for a business not only for their primary purposes (take care of company's legalities) but they can also be very helpful in terms of connections (for partnerships and financiers) so choosing the best law yer is something that should be taken seriously and research and inquiries must not be ...

What is an attorney called?

A lawyer (also called attorney, counsel, or counselor) is a licensed professional who advises and represents others in legal matters. Today's lawyer can be young or old, male or female.Sep 10, 2019

Is LegalShield a good deal?

If you want the security of knowing that you can quickly get a response from a lawyer if you ever need it, LegalShield is a good choice. For a reasonable monthly fee, you can access a lawyer at a leading law firm and get targeted help on specific problem areas for small businesses, such as debt collection.Sep 17, 2020

What are some good questions to ask a lawyer?

Questions to Ask Your Lawyer During a Consultation1) What kind of experience do you have with similar cases?2) What would be your strategy for my case?3) Are there any alternatives to going to court?4) What are my possible outcomes?5) Who will actually handle my case?6) What is my role in my case?More items...•Jan 29, 2017

What questions should I ask in an attorney interview?

Litigation-related questions to ask a lawyer in an interview include:How many court and jury trials have you done and what is your win percentage? ... What is the chance that I receive a favorable outcome? ... What are the risks if the case does fail? ... What are the odds of a settlement? ... How long should I expect this to take?

What are some legal questions to ask during an interview?

Legal Interview QuestionsWhat education do you have?What experience qualifies you for this job?Do you have licenses and certifications for this job?Are you willing to travel?What name(s) are your work records under?Do you have the legal right to work in the United States?Are you available for overtime?

What is a business owner's policy?

Business Owner’s Policy. This is actually a bundle of coverages, and includes general liability insurance, business interruption coverage, and property insurance. It’s a one-stop shop for most of the coverages you’ll need for your landscaping business.

What is business property insurance?

Business property coverage is actually two coverages sold as one: business property insurance covers your office building, if you own it, while business personal property insurance covers the items owned by your business. (If you don’t own a building, you can just purchase business personal property insurance.)

What is a push mower?

A push mower: A standard push mower makes for a great tool for narrow places where a riding lawn mower cannot reach. 4. A set of good quality landscaping tools: Think hoses, shovels, and other miscellaneous tools you’ll need on the job. 5.

What to do if you don't have a computer?

If you don’t have a computer to use for your business, you’ll need to get one. You’ll also need to plan on the costs of a website and any software you’ll use to manage your business (such as QuickBooks or YardBook ).

Is Joey's Mowing a bad name?

Joey’s Mowing Service is crystal clear. Joey’s Short Cuts is not (although it wouldn’t be a bad name for a barbershop).

Is social media advertising good?

If you’re willing to do the research (and you definitely should do the research), social media ads can be a good way to reach potential customers. Don’t limit yourself to Facebook, either—niche social media sites like NextDoor and Houzz can provide high-quality leads.

Can Google find my landscaping business?

If Google can’t find your landscaping business, your customers can’t either. So sign up with Google My Business and take the time to set up your search profile—it’ll pay big dividends. It’s best practice to set up a LinkedIn profile, too, if you don’t have one already.

What is the number one candidate for entrepreneurs who are more comfortable with working alone?

The sole proprietorship is the number one candidate for entrepreneurs who are more comfortable with working alone. From the phrase itself, it is easy to derive that the owner of the business is just one person who is most likely to be the manager as well.

How to create a business name?

The name itself suggests that the owners have limited liability concerning the business’ financial obligations. The owner could be one or more, but unlike in sole proprietorship and partnership, their interest is protected. 1 Decide on an available name for your business that is according to the rules of your state. 2 Organize and file the paperwork needed that is referred to as the articles of organization that may cost about $100 to $800 depending on the state. 3 Make sure that the rights and obligations of each member of the LCC are clearly stated in the operating agreement. 4 Some states require publishing a notice of intent to form a business structure called LLC. 5 Get the necessary permits and licenses required for the formation of your business.

Why is it important to keep proprietary information?

Keeping the proprietary information within the bounds of your business is important to make sure that business’ interest is protected. This applies not only to the employees but to all people who have significant involvement with the business like the individual contractors.

Why is information technology important?

The advent of information technology makes it easier for us to access information that we need. The internet is teeming with drafts of different contracts for small businesses. Even the processes that you need to follow in trade name and trademark registration is just as click away.

What are the legal ramifications of starting a business?

There are several legal ramifications of starting a business. It can lead to issues related to liability, copyright, employee rights and everything in between. So one of the first steps you should take as you work to get your business off the ground is speak with an experienced business attorney.

What happens if a business has an outside investor?

If your business has any outside investors, it could impact the type of corporate entity you’re able to establish for your business. Specifically, you need to be sure that the structure provides a corporate shield for your investors as well as yourself.

Who is Ben De Leon?

Ben De Leon is the President of De Leon Washburn & Ward, P.C., where he has served as general counsel to some of the fastest growing companies in Texas. As an experienced business lawyer, he recently spoke with Small Business Trends about some of the most important legal issues that new entrepreneurs should discuss when getting started.

What is a corporate shield?

Only by establishing a corporate entity and following the necessary corporate laws and regulations do small business owners enjoy what’s commonly known as a “corporate shield” that protects their personal assets and ensures only their business assets are at play.”.

Do you need a lawyer for a business?

Once your business starts working with vendors, suppliers, clients, or any other third parties, you’ll need written agreements in place to ensure that all parties involved know what to expect. A lawyer can help you draft specifics or at least walk you through the creation of some templates that you can use in common situations.

Do LLCs pay taxes?

Like corporations, they offer legal liability protection for the individual owners but, unlike corporations, are treated similar to sole proprietorships when tax time comes around (LLCs never pay taxes—the owners do).

Is it bad to take money out of a company's account?

It’s tempting to simply take your payment out of the company’s funds and call it good. It’s also financially dangerous to do so. A business should be run as a business, not a personal checking account. To avoid legal snags and tax questions you should always pay yourself with a check written from your business’s account.

Is it fun to start your own business?

Starting your own business can be fun and exciting. By turning your passion into your occupation you never have to “work” another day in your life! However, it can also be a scary time. You have to balance the risks with the reward and many new business owners don’t really understand the legal ramifications of launching their own start-up.

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Structuring Your Business

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There are several different business structures that you can choose when you’re forming your company, including LLCs, S corporations, C corporations, partnerships and sole-proprietorships. So speak with an attorney who can explain each option for you and then listen to your vision for your company so they can guide you in t
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Protecting Your Personal Assets

  • No matter what specific structure turns out to be the best choice for your business, it’s essential that you structure it in a way that limits your personal liability and protects your non-business assets. De Leon said in an email to Small Business Trends, “Establishing a limited liability company or other corporate entity with the applicable government agency (e.g., filing a Certificat…
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Choosing A Name

  • Another part of getting your business officially up and running is choosing a name. Each state has its own processes for officially selecting a name. And you also need to be sure that you’re not infringing on any existing copyrights or trademarks with your name choice. So a business attorney can help you make sure your name of choice is available and walk you through the necessary pa…
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Protecting Investors

  • If your business has any outside investors, it could impact the type of corporate entity you’re able to establish for your business. Specifically, you need to be sure that the structure provides a corporate shield for your investors as well as yourself.
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Establishing Ownership Responsibilities

  • If your business has multiple partners or owners, you also need to have clear agreements about what is expected of each person and what the responsibilities are in terms of purchasing property or equipment. It’s best to have contracts or signed agreements in place when you’re just getting started so that all parties involved understand what is expected of them and what they are entitl…
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Creating Internal Bylaws

  • Then you also need to create some bylaws for your company as a whole. These should outline all of the rules that owners and management should follow over the course of running the business. De Leon says, “Owners must understand that establishing a corporate entity and securing an EIN number is but the first step; internal governing documents (e.g., Company Agreements/Bylaws/A…
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Adhering to Compliance Practices

  • The federal government and each individual state have requirements for record keeping, safety practices and a number of other business related processes. So your business needs to know exactly what is required in order to comply with all of those rules and regulations. Your lawyer can walk you through some of those issues and make sure you know exactly what records must be …
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Making Sure You’Re Covered with Insurance

  • Insurance can help you avoid costly issues down the road. Speak to your legal representative to discuss what types of coverage you might need or at least benefit from, including coverage for workplace injuries, data breaches, or non-injury claims made by employees or customers.
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Creating Vendor Contracts

  • Once your business starts working with vendors, suppliers, clients, or any other third parties, you’ll need written agreements in place to ensure that all parties involved know what to expect. A lawyer can help you draft specifics or at least walk you through the creation of some templates that you can use in common situations.
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Navigating Tax Issues

  • Your legal representation probably isn’t going to do your taxes for you or manage your books. But there are some tax ramifications of choosing different corporate entities or making some of the other decisions listed above. So it is important that you also have a good CPA in your corner, and your lawyer might be able to refer you to one so they can work in tandem on some of those impo…
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