Virtual Assistant Forums | Work from Home

VaVaVirtual · #1 (**permalink**) 12-06-2011

Hello!

It was mentioned to my partner and I that we might want to get a lawyer for our business. Is this something that is commonly done?

Thank you!

On My Wings · #2 (**permalink**) 12-06-2011

Hi Lauren & Melanie! It really is a personal business decision. What legal aspects are you looking at where you are wondering if you need one or not?

There are several things to consider...and I'm sure others you respond will be able to add to my list.
1) Since there are 2 of you and you are forming a partnership - my take on that one is absolutely, because there are too many things that can go wrong if you don't get that one right. However, you can sign up for Pre-paid Legal (now called Legal Shield) and you can find a template agreement for setting up a partnership and then save money because you can then have them review it for you. (NOTE: I'm not talking about the free service, but actually having an attorney review, because that is the only way you will actually have legal backing if you need it in the courts.).
2) Most everything else, such as contracts with your clients, etc. you can make the decision what risk you are willing to take by using a template. There are many out there that really are good. You can go to NOLO for instance. Then just tweak the contract to your specifications. The key is that you make sure you try to cover everything that could come up. So that's when some research on this forum could help a lot, because you will be able to learn from other's mistakes, and then cover your own tails in your contract.
3) You'll want to make sure that your websites have Privacy Notices and Terms of Use on them. Terms of Use is different, by the way than Terms of Service. If you want to know the difference, feel free to post back.

Any other thoughts out there folks? That's all my little pea brain can think of for now.

PittsburghVirtualProfessionals · #3 (**permalink**) 12-06-2011

Hi Lauren and Melanie - You may want to check this out for a cost-effective partnership agreement; http://askthebusinesslawyer.com/busi...rship-workbook

VaVaVirtual · #4 (**permalink**) 12-20-2011

thank you for these tips. Let me take it what you also said, Pam and then get back to you on this if we need clarification. Have a happy Holiday!

Expert1 · #5 (**permalink**) 12-20-2011

I was wondering about obtaining a lawyer also. Like should I creat all of my templates and then find a lawyer who will see if they protect myself AND my clients or have the attorney draw up the contracts which I'm sure would be very expensive.

lisacduffy · #6 (**permalink**) 04-19-2012

Originally Posted by On My Wings

However, you can sign up for Pre-paid Legal (now called Legal Shield) and you can find a template agreement for setting up a partnership and then save money because you can then have them review it for you.

I have used Legal Shield (formerly Prepaild Legal Services, Inc.) for years. It is a highly affordable way to ask an AV-rated law firm of attorneys for help with anything. I highly recommend it. Works great for personal assistance as well. The identity theft protection is great also.

Originally Posted by On My Wings

You'll want to make sure that your websites have Privacy Notices and Terms of Use on them. Terms of Use is different, by the way than Terms of Service. If you want to know the difference, feel free to post back..

Pam,

Can you please elaborate more on this? I would like to know about these and the differences. Maybe you can direct me where to look?

Thanks
Lisa

tecoleman13 · #7 (**permalink**) 04-19-2012

All great info as usual!! Never thought to even explore whether or not I may need legal representation.

moiraesfate · #8 (**permalink**) 04-20-2012

My husband and I won't be. We are both very reasonable people, and I don't see this ever becoming a problem.

adavant · #9 (**permalink**) 4 Weeks Ago

I'm wondering this myself more and more every day. Sad but true.

On My Wings · #10 (**permalink**) 4 Weeks Ago

@ Lisa - So sorry for the long time to respond. This post was pretty old, so I wasn't still following it. Terms of Use relates to your website. Stating things that basically say "I can change what I want, when I want, and how I want on my website anytime I doggone feel so inclined - and also might state things related to you disclaimers regarding blog postings, comments, errors & omissions in things such as pricing on shopping carts, and so forth." And Terms of Service can actually be your overall contract or agreement but it is just on your website. Not suitable in all circumstances - but the basics can be there and you can just add addendums offline.

The best thing for you to do on this is to Google it all and look at reliable sites, such as Nolo - and ultimately then run any drafts past an attorney or to your Legal Shield firm.

@Melissa - I would encourage you to think a little about your thoughts on that because I know you and your husband are reasonable people but others are not. There are horror stories everywhere! I truly do not want to scare you at all...but the reality is that if you leave even one thing out of a contract and something goes wrong and all your bases aren't covered you can be sued. If you are a sole proprietor you can lose your house, cars - everything. You can get business insurance - such as Errors & Omissions Insurance, but depending on the nature of your business it could cost you from $500/month and up. I would much rather forego paying the insurance while I'm small and instead pay an attorney $500.00 ONE TIME (or maybe even less) - to just review a contract that I have drafted from using a Nolo template and mitigate my risk that way. Then all you have to change in different situations is to add addendums to the main contract.

I hope that makes sense. We have to incorporate the proper protections into our businesses.