Winter 2019 Feature Legal Check Up with Business Law Attorney Richard K.

Heiser

FAQ: Your Business And The Law – a business such as a corporation or client in a legal dispute pertaining
limited liability company because to the business in a court of law.
Important Reasons Why A Business the corporation or limited liability • What Is The Best
Owner Should Have A Business Attorney company is a separate legal entity Way To Obtain The
from the business owner.
By Richard K. Heiser Name And Contact
• Why Should A Information Of A
Richard K. Heiser Attorney At Law, LLC
216-212-9367 Business Owner Retain Business Attorney For
rkheiser@heiserbizlaw.com A Business Attorney To A Business?
www.heiserbizlaw.com Represent A Business Business owners can poten-
In A Legal Proceeding tially meet and obtain the name and
contact information of business
• What Can a Business In A Court Of Law? attorneys at business networking
A business owner who is
Attorney Do For A Business? not an attorney, subject to a limit-
events or business networking or-
A business attorney will confidential- ganizations. In addition, business
ed exception set forth below can- owners can obtain the name and
ly advise the business client with respect to
not, under Ohio law, represent a contact information of a business
the rights and obligations of the business
business such as a corporation or attorney through referrals from a
client, negotiate and draft contracts and
a limited liability company in a trusted source that has used a busi-
other legal documents to properly protect
legal proceeding in a court of law. ness attorney for his or her busi-
the legal interests of the business client
The corporation or limited liability ness. Upon receipt of the name
and represent a business client in a court of
company is a separate legal enti- and contact information of a busi-
law with respect to legal issues that impact
ty from an individual (even if the ness attorney, it can be helpful for
the business.
individual is an officer or agent of the business owner to review the
In short, a business attorney is both a
a corporation or the sole member website and/or LinkedIn profile of
confidential advisor to the business client
of a limited liability company). the business attorney to determine
and an advocate on behalf of the business
Therefore, the representation of if the business attorney practices
client in response to other entities or individuals that assert a position
the corporation or limited liability law in the area of business law that
that is adverse to that of the business client.
company in a court of law by an the business has a legal need.
• Does A Business Need A Business Attorney? individual who is not an attorney Thereafter, the prospec-
Yes. A business should have a business attorney. Why? Because constitutes the unauthorized prac- tive business client should call the
law impacts the operation of business in a multitude of areas includ- tice of law under Ohio law if the business attorney to discuss the
ing, but not limited to, contracts, business formation, sales, collections, limited exception set forth below legal issue that the business has to
employment, real estate, consumer issues and landlord-tenant matters. does not exist. determine if the business attorney
Business owners (who are not attorneys) are knowledgeable and pas- An individual who is not is the right attorney for the needs
sionate about the products and services that they sell but they are not an attorney is only permitted un- of the business. If satisfied, the
knowledgeable about and may overlook important legal issues that can der Ohio law to present a claim or business owner should, thereafter,
impact their business because they are not attorneys. defense in a small claims court on scheduled an in-person meeting
A business attorney can advise a business client with respect to behalf of a corporation or a limit- with the business attorney to dis-
compliance with important federal, state and local statutes, ordinances ed liability company provided that cuss the legal concerns of the busi-
and regulations and negotiate and properly draft contracts to minimize the individual who is not an attor- ness.
risk and protect the legal interests of a business client. In addition, a ney does not engage in cross-ex- It is important for a busi-
business attorney can also review and issue an opinion with respect to amination, argument or other acts ness to retain a business attorney
contracts that the business client brings to the attention of the business of advocacy in the legal proceed- as soon as possible after a business
attorney, draft other legal documents (that are not contracts) on behalf of ing in small claims court. If the owner becomes aware of a legal
the business client and represent a business client in a court of law. need arises in small claims court
issue that could impact the busi-
• Why Should A Business Attorney Draft for the non-attorney to engage in
ness so that the legal issue can
cross-examination, argument or
Contracts For A Business? other acts of advocacy, then an at- be addressed as soon as possi-
Contracts should be drafted by a business attorney (and not a torney will be required. ble.
business owner) because contracts can be complicated documents that In all other legal proceed- _________________________
include both important business and legal terms. A business attorney ings in a court of law that do not Richard K. Heiser is a busi-
can draft the business terms of the contract so that the business trans- come within the small claims court ness attorney located in Cleve-
action negotiated by the parties is precisely, clearly and understandably exception set forth above, an attor- land, Ohio. His law practice is
memorialized in the contract. ney will be required to represent a focused on the representation of
A business attorney will also include the correct legal terms in the business in a court of law including entrepreneurs, small to medium
contract. Legal terms (sometimes referred to as “boilerplate”) are nor- the preparation of all documents size businesses and individuals
mally located toward the end of the contract but many of the legal terms that are filed in a court of law on with legal needs related to busi-
can become front and center and closely examined by the court and the behalf of the business client.
attorneys on behalf of the parties to the contract when a legal dispute ness matters. He can be reached
In addition, if a business
with respect to the subject matter of the contract occurs. The inclusion at 216-212-9367 and rkheiser@
becomes involved in a legal dis-
of correct legal terms is very important and necessary to mitigate risk heiserbizlaw.com. The website
pute the business should consider
and protect the legal interests of the business client. the retention of a business attorney for Richard K. Heiser Attorney
Business owners (that are not attorneys) are not trained in the familiar with legal issues relevant At Law, LLC is located at www.
preparation of contracts or licensed as attorneys. As such, a contract to the representation of a business heiserbizlaw.com.
drafted by a business owner for his or her business not only may be a because the business attorney may
poorly drafted document that does not protect the legal interests of the be better qualified than an attorney
business client but may also constitute the unauthorized practice of law that practices law in another legal
if a business owner that is not an attorney drafts a contract on behalf of discipline to represent the business