The continued profitability of a successful business can be put at risk if a business owner fails to anticipate the following key legal issues that often arise. Business people need to be prepared on the front side for these challenges. Otherwise the results of legal mistakes businesses make can be costly.
1. Not Having Agreements with Employees.
Businesses often have trade secrets or confidential information such as customer lists. This information needs to be protected from employees who may go to work for a competitor or open a competing business. Non-disclosure, non-competition (non-competes), confidentiality and non-solicitation agreements can be valuable tools to a business.
2. Lack of a Corporate Structure.
Owners of businesses often expose their personal assets to business liability by failing to incorporate their businesses. (I am not talking about merely having a DBA). Having the correct business entity for your business purposes and needs is critically important to protect personal assets. Also, failing to follow certain corporate formalities, such as not commingling personal assets and business assets can expose your personal assets.
3. Lack of an Owners’ Agreement.
When there are multiple owners of a business, life changes in the lives of owners will occur that will affect the business. These include divorce, death, parting of ways between owners that result in the need for a buy-out and many others. Unless the owners have an agreement in place before these transitions occur, it is often very difficult and sometimes impossible for owners to reach agreement without the matter resulting in litigation.
4. Not Using Written Contracts.
Relying on oral agreements is typically a bad idea for many reasons. As time passes, memories fade, expectations change and the potential for disagreement increases. It is much better to address all issues directly and in writing at the beginning so that all parties are clear as to what is expected on all performance issues.
5. Using Incorrect Contracts.
Just as important as using a written contract is using the right contract. Standardized contracts should be carefully tailored to the needs and issues in the specific engagement.
6. Not Understanding the Contract.
The business owner should understand every provision of the contract before entering into the agreement. There are times when a business must sign a contract to get an account, or job and the other side will not negotiate the terms of the contract. However, Even if a business owner is not practically able to negotiate the terms of the contract with the other party, the business owner needs to understand each provision of the contract.
7. Underestimating the Time, Risk and Cost of Litigation.
Lawsuits also frequently involve much more time than owners initially expect – time that would otherwise be spent on growing the business. Litigation can also be much more unpredictable and expensive than most business owners anticipate at the beginning of a case.
For more information on protecting your business from these and other legal mistakes businesses often make, call your business attorneys in Houston – Erik Larson or Diana Larson – at 713.221.9088.
Diana Larson and Erik Larson Named to Houston’s Top Lawyers 2015
/in Business, Child Custody Law, Divorce Law, Estate Planning Law, Family Court /by Erik LarsonThe Firm congratulates Diana Larson and Erik Larson for being selected to H Texas Magazine’s annual list of Houston’s Top Lawyers for 2015.
In this issue, H Texas Magazine states that it compiled the list of 2015 Top Lawyers in Houston based on “nominations from clients and peers as well as rigorous background checks.”
To contact Diana or Erik about representing you in your case, contact us at (713) 221-9088.
What Child Custody Arrangement Benefits Kids Most in Divorce?
/in Child Custody Law, Divorce Law, Family Court /by Erik LarsonIn almost every divorce or custody case, parents worry about the children’s emotional health during visitation with the other parent. Parents also wonder about what child custody arrangement benefits kids most in a divorce. However, a new study on custody arrangements benefiting kids, published in the Journal of Epidemiology & Community Health, as well as legal consultation from an experienced family law attorney may provide valuable insight.
The study found that children of divorce are at their healthiest point emotionally and mentally when they share time with both parents after the divorce or split, rather than living with only one parent.
One of the study’s researches stated that “It was surprising that children who have two homes and move frequently report less stress symptoms than those who live in one stable home after their parent’s separation.”
In the study, the kids who lived with both of their divorced parents reported significantly fewer emotional problems and other issues than children who lived with only one parent. The study’s authors conclude that their findings “indicate that stability in the child’s parents’ relations is more important than stability in housing.”
This finding is consistent with past research which has shown that children suffer the most emotional issues when there is a high level of conflict between the parents in a divorce, rather than the fact that the parents physically separate in the divorce. The literature has shown that a high level of conflict between parents is significantly more harmful to children than the parents’ physical separation in a divorce.
When parents work to keep the level of conflict low in a divorce, this will benefit the children emotionally.
For legal assistance in Texas child custody arrangements, contact our Houston divorce firm today to schedule your complimentary case review. 713-221-9088
Divorce Mediation or Trial?
/in Child Custody Law, Divorce Law, Family Court /by Erik LarsonDiana Larson Receives AV Preeminent Rating from Martindale-Hubbell
/in Business, Child Custody Law, Divorce Law, Estate Planning Law, Family Court /by Erik LarsonThe Firm is pleased to announce that founder and partner Diana Larson has earned an AV® Preeminent™ rating from Martindale-Hubbell Peer Review Ratings.
An AV® Preeminent™ Rating “is a testament to the fact a lawyer’s peers rank him or her at the highest level of professional excellence.” This distinct achievement of professional excellence is earned through a strenuous Peer Review Rating process, which places Diana Larson among the elite of fellow legal professionals.
Martindale-Hubbell has been conducting peer-review ratings for over a century to identify and recognize lawyers with the highest legal ability and ethical standards. Lawyers are rated by their peers — attorneys and judges — in the categories of legal knowledge, analytical capabilities, judgment, communication ability and legal experience as well as a high level of ethical standards.
Erik Larson Named to Houstonia Magazine’s Top Lawyers for 2014
/in Child Custody Law, Divorce Law, Family Court /by Diana LarsonThe Firm congratulates Erik Larson on being named to Houstonia Magazine’s list of Top Lawyers for 2014. In its December 2014 edition, Houstonia Magazine selected only 40 Houston Family Lawyers to this year’s list. Kudos to Erik on being elected to this very small group of Houston divorce attorneys!
To speak to Erik or Diana Larson about your divorce, child custody, or other family law matter, call 713-221-9088.
Enforce a Texas Child Custody Order
/in Child Custody Law, Divorce Law, Family Court /by Erik LarsonLarsons Named to Houston’s Top Lawyers List by H Texas Magazine
/in Business, Child Custody Law, Divorce Law, Estate Planning Law, Family Court /by Erik LarsonThe Firm would like to congratulate Diana Larson and Erik Larson for being selected to H Texas Magazine’s annual list of Houston’s Top Lawyers for 2014.
In its July 2014 issue, H Texas Magazine states that it compiles the list of Top Lawyers in Houston based on “nominations from clients and peers as well as rigorous background checks.”
To contact Diana or Erik about retaining them to represent you in your case, contact them at (713) 221-9088.
Top 7 Legal Mistakes Businesses Make
/in Business /by Erik LarsonThe continued profitability of a successful business can be put at risk if a business owner fails to anticipate the following key legal issues that often arise. Business people need to be prepared on the front side for these challenges. Otherwise the results of legal mistakes businesses make can be costly.
1. Not Having Agreements with Employees.
Businesses often have trade secrets or confidential information such as customer lists. This information needs to be protected from employees who may go to work for a competitor or open a competing business. Non-disclosure, non-competition (non-competes), confidentiality and non-solicitation agreements can be valuable tools to a business.
2. Lack of a Corporate Structure.
Owners of businesses often expose their personal assets to business liability by failing to incorporate their businesses. (I am not talking about merely having a DBA). Having the correct business entity for your business purposes and needs is critically important to protect personal assets. Also, failing to follow certain corporate formalities, such as not commingling personal assets and business assets can expose your personal assets.
3. Lack of an Owners’ Agreement.
When there are multiple owners of a business, life changes in the lives of owners will occur that will affect the business. These include divorce, death, parting of ways between owners that result in the need for a buy-out and many others. Unless the owners have an agreement in place before these transitions occur, it is often very difficult and sometimes impossible for owners to reach agreement without the matter resulting in litigation.
4. Not Using Written Contracts.
Relying on oral agreements is typically a bad idea for many reasons. As time passes, memories fade, expectations change and the potential for disagreement increases. It is much better to address all issues directly and in writing at the beginning so that all parties are clear as to what is expected on all performance issues.
5. Using Incorrect Contracts.
Just as important as using a written contract is using the right contract. Standardized contracts should be carefully tailored to the needs and issues in the specific engagement.
6. Not Understanding the Contract.
The business owner should understand every provision of the contract before entering into the agreement. There are times when a business must sign a contract to get an account, or job and the other side will not negotiate the terms of the contract. However, Even if a business owner is not practically able to negotiate the terms of the contract with the other party, the business owner needs to understand each provision of the contract.
7. Underestimating the Time, Risk and Cost of Litigation.
Lawsuits also frequently involve much more time than owners initially expect – time that would otherwise be spent on growing the business. Litigation can also be much more unpredictable and expensive than most business owners anticipate at the beginning of a case.
For more information on protecting your business from these and other legal mistakes businesses often make, call your business attorneys in Houston – Erik Larson or Diana Larson – at 713.221.9088.
How to Protect Children in Divorce
/in Child Custody Law, Divorce Law, Family Court /by Erik LarsonThere are several ways to help protect children in divorce cases from being negatively affected. A divorce will certainly affect a child in concrete ways, such as the child needing to adjust to one parent no longer living in the family home. However, much of the trauma, disruption and even guilt that children often feel during and after a divorce are avoidable, or can at least be minimized, if both parents take concrete steps to truly put the children’s emotional best interest first. Unfortunately, even though most Texas parents truly want to protect children in divorce, the emotionality of the divorce for a parent often spills over into that parent’s relationship with the children in negative ways. Fortunately, there are concrete ways to lessen the impact of divorce on children to help them transition more smoothly.
Avoiding unnecessary hostility toward the other spouse in Houston divorce litigation can be helpful to reduce the stress and trauma often involved in a divorce. Once the divorce petition is filed, the property division process becomes somewhat like the wind-up of a business – there are assets to be divided and liabilities to be allocated between the parties. Regarding child custody, there is a parenting plan to decide on, a visitation schedule to put into place and child support to be implemented. These things can be done with an acrimonious, vicious, take-no-prisoners attitude or they can be accomplished in a reasonable, methodical way. It should be clear which way tends to protect children in divorce, is better for the well-being of child and helps the child transition to a new normal more quickly and smoothly.
Mediation in a Texas Divorce
Mediation early in a case can help accomplish such a positive result. Mediation is a formal settlement conference where a neutral third party helps the parties to achieve a settlement of the issues in a case, including property, conservatorship (custody) and child support. Mediation can be helpful in resolving cases quickly and less expensively than through a more complicated litigation process in a Texas divorce. For mediation to be successful, all appropriate information should be disclosed beforehand – such as the scope of marital property and marital debt for property division. Income taxes and compensation information should also be exchanged by the parties to determine child support or alimony.
By the time a divorce case reaches mediation or court, the parties should realize and accept that if one spouse wants a divorce, it is going to occur and their focus should be on steps they can take to protect children in divorce. At this stage, parents are well-served if they recognize this fact, try to set their own feelings aside about their spouse when discussing divorce with the child, realize that both parents will keep co-parenting their children for many years to come, and focus their attention on getting through the divorce process with minimal negative impact on the children.
To discuss mediation, custody issues or any matters related to your Texas divorce, call The Larson Law Office at 713-221-9088 to speak with Diana Larson or Erik Larson.
Cost of a Divorce Lawyer in Houston
/in Child Custody Law, Divorce Law, Family Court /by Erik LarsonEach divorce case shares some issues in common. However, it is important to keep in mind that just as every divorce case is different, the ultimate cost of a divorce lawyer in Houston will vary case by case as well. The amount in legal fees that a divorce will ultimately cost differs with each case because each divorce has unique elements and issues that need to be handled and these issues affect the number of attorney hours that are required to bring the case to a conclusion.
Factors in Cost of a Divorce Lawyer in Houston
There are many factors and circumstances that determine how much obtaining a Texas divorce will cost, including:
Witnesses. Are witnesses going to be necessary and for what issues will they be required?
Complexity. Is the case complex or complicated? Issues that affect the complexity of the case include the number of assets, how the assets are held, the liquidity of the assets, the availability of the assets and whether the assets are easily discoverable or are hidden. Other factors that may add to the complexity of a case may involve child custody and visitation issues.
Temporary Orders. Will a temporary orders hearing be necessary or will an agreement be reached on temporary orders?
Contested or Uncontested Case. Are the parties are in agreement on how marital property will be divided and how child support, child custody and visitation will be handled? Or will these issues need to be resolved by negotiation, mediation or perhaps ultimately resolved by the Court in a trial?
Discovery. Will written discovery, such as interrogatories and requests for production, be necessary to uncover facts about issues involving property, child support and child custody? Will depositions, which are pre-trial oral testimony that is transcribed by a court reporter, be necessary after written discovery is completed?
For a free consultation about the cost of a divorce lawyer in Houston for your case, call The Larson Law Office at 713.221.9088.