why restaurant business needs attorney in general?
by Adriel Doyle
Published 2 years ago
Updated 1 year ago
6 min read
A skilled business attorney can assist you in creating any agreements you need along the way, helping you avoid disputes, breaches or costly litigation. Trademark protection is a large part of operating a successful restaurant. Trademarks can apply not only to the name of your restaurant, but also to specialty dishes (“Big Mac,” for example).
In general, the sooner you hire a lawyer, the better the outcome. For independent restaurants without large financial resources, lawyers are better and cheaper if you use them for preventive measures that avoid conflicts and costly lawsuits.Nov 29, 2016
Licenses. Restaurants require business licenses, food safety licenses and, if you plan on serving alcoholic beverages, liquor licenses. ... An attorney can identify and apply for all necessary licenses, so you can legally serve the hungry hordes. Liquor licenses are difficult to obtain in every state and can be expensive.
Why are lawyers important to a business?
Business Lawyers help business owners to understand different legal issues, such as lawsuits and legal violations, that might impact their operations. They provide the required advice and legal guidance to help you come out of the legal situations or avoid breaking the law in the first place.Feb 11, 2020
Why are attorneys needed?
A criminal case may determine whether or not you spend time behind bars, while a civil case could hurt you financially. ... Also, you may be able to claim legal fees as a plaintiff in a civil case, so hiring a lawyer can actually save or make you money.Oct 22, 2018
Which form of business is suitable for restaurant?
Therefore, it is advisable for a restaurant business to be started as a Limited Liability Partnership or One Person Company or Private Limited Company.
What do business lawyers do?
The Business Lawyer's responsibilities include researching cases, drafting contracts, developing diverse corporate procedures, managing budgets, ensuring regulatory compliance, drafting codes of conduct, litigating course cases, and facilitating corporate mergers.
Why is it important for an entrepreneur to hire an attorney or other professional prior to the establishment of the new business?
Liability. Different business forms provide different protections and risks to the business owner/investor. Personal liability means that your business puts everything you own at risk. An attorney can help you avoid this situation or minimize your risk.Nov 27, 2018
What are some advantages of lawyer advertising?
On the positive side, legal advertising makes the public aware of current legal issues and lets people know that there are lawyers willing to assist them. Legal advertising also serves the practical purpose of informing people about the times when it may be necessary to consult a lawyer.
What are the advantages and disadvantages to having a lawyer?
Top 10 Being a Lawyer Pros & Cons – Summary ListBeing a Lawyer ProsBeing a Lawyer ConsYou can start your own law firmPeople may insult and threaten youLawyers can build a strong business networkLaw school is quite expensiveBeing a lawyer never gets boringNot every lawyer gets a good salary7 more rows
How do you structure a restaurant business?
A critical step in getting your restaurant up and running is choosing its legal structure. You basically have four choices here — a sole proprietorship, a partnership, a limited liability company (LLC), and a corporation — though there are variations within each.Jun 12, 2020
Can a restaurant be a sole proprietorship?
Sole proprietorship has a simple structure, and it's common among small restaurants and family-owned businesses.Jul 2, 2018
How is a restaurant partnership structured?
It is crucial to:Make sure that you select the right partner. ... Come to an agreement on the restaurant's goals. ... Make sure you have outlined each partner's role. ... Agree on ownership stakes. ... Draft a written partnership agreement. ... Have regular meetings with your partner.Sep 21, 2015
Formation
Before you even open a restaurant, you must decide what form of business organization you will use--for example, a corporation, a partnership or an LLC. An attorney can help you decide which form is most advantageous for your business, complete any necessary state and local registrations and draft an Operating Agreement or Bylaws. If your restaurant is a franchise, you’…
Fundraisingcan be particularly challenging for a new restaurant. Investors anticipate that restaurants have a high rate of default and also face high upfront costs for inventory and equipment, both of which rapidly lose value. A lawyer can assist you in structuring your initial investment agreements to both appear more attractive to investors and protect your personal as…
You will need to check local zoning ordinances before you choose a restaurant location. Once you’ve found your dream space, you will need to consider purchasing the property or negotiating a commercial restaurant lease agreement. Restaurant leasesoften contain specific provisions regarding venting and kitchen needs, which an attorney can help you tailor to your specific needs.
Restaurants require business licenses, food safety licenses and, if you plan on serving alcoholic beverages, liquor licenses. Further licensing requirements may also apply in specific jurisdictions. An attorney can identify and apply for all necessary licenses, so you can legally serve the hungry hordes. Liquor licenses are difficult to obtain in every state and can be expensive. Moreover, it i…
Employmentis strictly regulated. You will need to comply with federal and local laws and regulations governing minimum wage, tipping, overtime, tax withholding and numerous other matters. Even the questions you may ask in a job interview are restricted by law. Taxes and insurance will also be a continuing major legal concern for your business.
Three types of agreements are particularly common in the restaurant business--franchise agreements, commercial restaurant lease agreements and employment contracts(particularly for management employees). All of these must be carefully negotiated and drafted to suit your business’s needs and protect your restaurant. A skilled business attorney can assist you in creat…
Trademarkprotection is a large part of operating a successful restaurant. Trademarks can apply not only to the name of your restaurant, but also to specialty dishes (“Big Mac,” for example). A top restaurant lawyer can help you protect your trademarks nationwide and even abroad, if necessary. In addition to trademarks, your business may possess trade secrets, such as recipes …
As a restaurant owner, you will be subject to both federal and state regulations. You should expect regular surprise food safety inspections and your restaurant might be closed following a negative inspection. Areas that are extensively regulated by state and federal authorities include: 1. Employee hygiene; 2. Employee safety; 3. Food preparation methods; 4. Food labeling; 5. Food s…
Our corporate and tax attorneys have significant experience providing legal services for a wide range of hospitality concerns, including mom-and-pop establishments, chains, franchisors and franchisees, vendors, hotels, breweries and casinos. We have assisted these entities through formation, financing, development and expansion. As your advocates, we ensure that your objec…
Flaster Greenberg’s attorneys have successfully represented clients in hotel, restaurant and stadium construction projects, as well as in expansion projects, real estate disputes, disputes surrounding construction of franchised establishments, disputes with unions, disputes with franchisors, disputes between owners, tenants, contractors and suppliers and generally in the co…
The benefits attorneys in our Restaurant/Hospitality Group can provide a full range of services relating to fringe-benefits and retirement planning, from fully insured health plans to flexible spending accounts and from the simplest bonus plans to the most complex 401(k) or phantom-stock plan. In particular, we are experienced in dealing with the many special circumstances tha…
Whether it is your business that needs protection through reorganization or liquidation, or if one of your suppliers or creditors files for bankruptcy protection, Flaster Greenberg’s financial restructuring and bankruptcy attorneys can guide you through the troubled waters of the bankruptcy process. Our attorneys are skilled at representing both debtors and creditors in the r…
Our attorneys assist clients through the administrative, regulatory and legislative processes of the local and state governments in the tri-state region. Our experience includes handling matters of concern to the restaurant and hospitality industry, including matters involving corporate, real estate, environmental, litigation, taxation and land use. We have significant past experience and …
The employment and labor attorneys in our Restaurant/Hospitality Group have the experience and knowledge to help guide you through the maze of laws and regulations that impact your business. We provide clients with practical advice on issues such as tip credits, employee absences and late call, employment of minors, and OSHA issues. We offer guidance on compliance with anti-discri…
Because disputes are costly and disruptive to normal business operations, our primary goal is to avoid them by putting proactive, preventative measures in place. However, when disputes arise that can be resolved only through the intervention of the courts or other third-party dispute resolution processes, our seasoned trial attorneys are formidable advocates in your corner. Whe…
Our Restaurant/Hospitality team includes attorneys who provide consultation in the selection, clearance and registration of trademarks, trade names, trade dress and service marks, preparing applications with state agencies and the United States Patent and Trademark Office. They represent clients in litigation involving infringements of trademark, trade name, trade dress and …
Location is one of the most significant factors in the success of any restaurant or hospitality business. Selecting locations for a proper site or expansion with visibility and easy access means working with clients on developing a set of site selection criteria. Other considerations in addition to costs may include destination concepts driven by demographics and access or locations whe…