Examples of Our Practice Areas The following is a brief overview of some of the types of legal and business documents which we draft for our clients. This is a sampling and by no means exhaustive. If you require a document or legal service which do not see listed here, please contact our office at 347-757-6618 or by email at brochinlaw@gmail.com to discuss your particular legal or business document needs.
INDEPENDENT CONTRACTOR AGREEMENTS: Today, because of an uncertain economy, many companies are deciding against hiring long-term employees and are opting instead to engage workers on an ‘independent contractor’ basis. That means that the ‘employee’ is now responsible for his or her own tax withholdings, social security payments, pension deductions, and all other financial accounting normally undertaken by an Employer. But besides the financial issues, it is equally important that the requirements—and limitations—of the position be clearly spelled out.
If you are the hiring Company, you will want to make sure that there are benchmarks for performance and payment, and that you are in fact able to control the assignments, even though the Independent Contractor does not technically work under your ‘direction and control.’
If you are the Independent Contractor, it may very well be that this is the first time that you are venturing into this type of work arrangement, and you will need to know how to clearly define what it is you have agreed to do or not do.
The only way to protect the Client in such cases is by way of an Independent Contractor Agreement specifically tailored to the facts, circumstances, duration, and industry of your case.
NON-DISCLOSURE AGREEMENT & COVENANT NOT TO COMPETE (‘NDA’, and 'CNC'):At one time, NDAs were exclusively found within the domain of the Hi-Tech sector. Since years of research into the next semi-conductor, micro-chip, or other hi-tech item were quite costly, no company could survive if its research and trade secrets were to be shared with a competitor when the ex-employee left the company.
Today, however, it is not just research into ‘hi-tech’ which is deemed to be a ‘trade secret’. All of your company’s methods, procedures, processes, proprietary software, and other unique assets which make your company successful are also valuable—and vulnerable! This is true regardless of whether you have built up a profitable service business or a manufacturing plant.
A 'Covenant Not to Compete' ('CNC') is a form of Contract, or a contract provision, under which the Employee is restricted from going into competition with his current (or former) Employer. With the frequent mobility of employees today, such restrictions although fully enforceable, usually have less restrictions as to duration, geographical location, and industry, than earlier CNCs. Let us develop an NDA or CNC which is customized to your business-specific needs.
COMMERCIAL LEASES:Whether you are a podiatrist who needs two offices and a waiting room in a storefront, a retail business seeking to lease 2,500 square feet in a mall, or an accounting firm in need of two floors in an office tower, there are numerous provisions which you will need to address in order to get from ‘intent’ to 'possession of the keys'. Our office has decades of experience representing lessees and landlords for all types of commercial leases and we welcome the opportunity to share our experience with you!
BUSINESS PLANS:Whether you need a $50,000 SBA loan to get your business funded or a $2million venture capital investment, you will need a solid, sensible business plan to get your business financed. Everything from start-up costs, market analysis, market saturation, proof-of-concept, the 'competition', and equitable considerations need to be part of your 'face on paper’ when soliciting business financing. We can also advise Clients as to sources of funding even in these times of economic downturn.
CORPORATIONS, LLCs, AND PARTNERSHIPS:The differences between sole proprietorship, General Partnerships, Limited Partnerships, Corporations, and Limited Liability Companies (‘LLCs’) are often misunderstood by the start-up entrepreneur. Some business people have thought that by simply putting ‘Inc’, ‘Corp’, or ‘Ltd’ after their names or the made-up name of their ‘company’, they were shielded from personal liability. Nothing could be further from the truth! And, even managers of well-established businesses have been known to neglect important filings sometimes to the point of their corporations being dissolved. The proper Corporate Resolution delivered to a bank or government agency can make the difference with issues of funding and issuing of permits. We can help you avoid the pitfalls of being ill prepared by providing you with sound advice, monitoring of your critical filing dates, and keeping your business entity intact for your personal and business protection.
EMPLOYER-EMPLOYEE AND UNEMPLOYMENT ISSUES: Whether you are the Employee who feels that he or she has been wrongfully discharged or wrongfully denied unemployment insurance benefits; or, and Employer who needs to know the ‘correct way’ to handle a necessary termination, we can advise you as to what the law says and what the law means in order to avoid costly employment-related mistakes. We also provide Employers with customized Employee Handbooks along with Progressive Disciplinary Procedures to avoid the most common—yet avoidable—Employer mistakes.
The Brochin Law Office provides a much wider array of legal and business services than recited here. Please contact us at 347-757-6618 or by email at brochinlaw@gmail.com to discuss your particular document needs at highly affordable rates. We look forward to hearing from you!
NOTE: All legal services are performed pursuant to a written retainer agreement with fees clearly stated. Our online hourly fees range between $85-$125 per hour for most matters. There are no 'open-ended' agreements with uncertain fees.
Home
