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Should I Hire a Lawyer When Starting a Business?

Starting a business is an exciting journey but comes with many decisions and responsibilities. One question that often comes up is whether you need to hire a business lawyer. It might seem like an extra expense. However, having legal guidance can save you a lot of trouble down the road. Find Law explores when hiring a lawyer makes sense and when you can handle things independently.

What Business Matters can I Handle on My Own?

When starting a business, there are a few tasks you can likely tackle without the need for a lawyer. While every situation is different, some aspects of business planning don’t require professional legal assistance.

Writing Your Business Plan

A well-organized business plan is essential for securing funding from banks or investors. It outlines your mission, target market, business opportunities and financial projections. Although this step is critical, many entrepreneurs can create a business plan without legal help. However, if you want peace of mind, a business lawyer can review your plan to ensure that it meets legal standards.

Choosing and Registering Your Business Name

Picking the perfect business name is a big deal. It is your brand’s identity. Before committing to a name, you’ll want to ensure that it isn’t already in use. A business lawyer can help you conduct a thorough trademark search to avoid potential legal issues in the future.

Once you’ve chosen your name, registering it under a “Doing Business As” (DBA) can usually be done without legal help. However, having a lawyer check everything can be reassuring.

Applying for an Employer Identification Number (EIN)

An EIN is required to file taxes, open business bank accounts and pay employees. Fortunately, applying for an EIN is something you can easily do on your own through the IRS website. In most cases, this is a straightforward process that doesn’t require legal assistance.

When Should I Hire a Lawyer?

While there are tasks you can manage independently, some legal matters are best handled by a business lawyer. These issues can be complex and costly to fix if not done correctly from the start.

Choosing the Right Business Structure

Choosing the right structure for your business is one of the most critical decisions you’ll make. Whether you go with a sole proprietorship, LLC, corporation, or partnership will have lasting impacts on taxes and liabilities. A business lawyer can help you understand the pros and cons of each option and recommend the best fit for your situation.

Drafting Contracts and Agreements

Having clear and legally sound agreements, from partnership agreements to employee contracts, is essential. A lawyer can draft these documents to protect your interests and avoid conflicts later. These can include employment agreements, sales contracts and even confidentiality agreements to safeguard your business’s sensitive information.

Protecting Intellectual Property

If your business creates unique products, branding, or inventions, protecting your intellectual property (IP) is crucial. A business lawyer can help you to secure trademarks, copyrights, or patents to ensure no one else can profit from your hard work. While this process can be complex and time-consuming, it’s an area where legal help is often necessary.

Should I Hire a Lawyer for Lease Agreements?

You must sign a lease agreement if your business requires office or retail space. Lease terms can be tricky. Therefore, signing without fully understanding the fine print could cause problems. A business lawyer can review the agreement to ensure you get a fair deal and that the lease protects your interests.

How Should I Protect My Personal Assets?

One of the main reasons entrepreneurs hire a lawyer when starting a business is to protect personal assets. Without the right structure, your personal bank accounts, home and other assets could be at risk if the business faces lawsuits or financial trouble. A business lawyer can guide you in setting up your company in a way that shields your personal property from business liabilities.

Avoiding Legal Trouble

No one starts a business thinking they’ll get sued. However, it’s always a possibility. A lawyer can help you take preventive measures, such as drafting clear contracts, setting up proper company policies and ensuring that you follow all regulations. Having legal counsel can help you avoid the headache and expense of lawsuits.

How Can a Lawyer Help Me with Taxes?

While you might not think of taxes when you first launch your business, they play a significant role in your overall success. A lawyer can explain tax benefits, deductions and liabilities for your specific business structure. They can also help if you expand your business into other states or countries, ensuring that you stay compliant with local tax laws.

Take the First Step Today

Starting a business involves many moving parts. Having a solid legal foundation can make all the difference. If you’re ready to take the next step in creating or growing your business, schedule a consultation with our law firm today. We can help you navigate the complexities of business planning and ensure that you’re protected every step of the way.

Key Takeaways:

  • Save time and avoid mistakes: A lawyer can handle complex legal tasks, such as choosing the right business structure and drafting contracts.
  • Protect your assets: Ensure that your personal property is shielded from business liabilities.
  • Prevent future legal troubles: A business lawyer can help you to avoid costly lawsuits and ensure regulatory compliance.
  • Protect your intellectual property: Secure trademarks, patents and copyrights with professional legal guidance.
  • Gain peace of mind: With a lawyer’s help, you’ll have confidence that your business is legally sound from the start.

Reference: Find Law (May 23, 2024) “Do I Need a Lawyer To Start a Business?

Am I Getting Sufficient Protein as I Age?

Most people in the U.S. eat enough protein (including people who follow plant-based diets).  However, food insecurity could mean a lack of protein. Older adults might also be at risk for not getting enough protein because the need increases as people age.

VeryWell Health’s recent article entitled “How Much Protein Everyone Needs per Day” discusses some of the signs and symptoms of too little protein:

  • Increased appetite, which could lead to eating excess calories that are less nutritious.
  • Increased risk of infections from the ability of the immune system to fight off infections. People who don’t get enough protein may be more likely to get sick.
  • Increased risk of fractures: Vitamin D, calcium and protein are important in building healthy bones. People who don’t take in enough protein may be at risk of breaking a bone more easily.
  • Liver disease, where fat can accumulate in the liver and lead to scarring or poor function.
  • Loss of lean body mass: In adults, a low protein intake could cause a loss of muscle mass.
  • Problems with hair, skin and nails: Multiple issues with skin and nails can occur due to a lack of protein.
  • Swelling (edema): a chronic lack of protein could lead to fluid buildup, which starts in the feet and can extend to other body parts over time.

Sarcopenia is a condition that may occur in older people who lose too much muscle mass. Inactivity and a lack of nutrients can contribute to this problem.

The article says that examples of plant-based protein sources that contain about 7 g of protein include:

  • 2 ounces cooked beans, peas, or lentils (such as Bayo, black, brown, fava, garbanzo, kidney, lima, mung, navy, pigeon, pink, pinto, or soy, or white beans, or black-eyed peas or split peas, and red, brown, and green lentils)
  • 1 tablespoon of peanut butter
  • 4 ounces of nuts or seeds
  • 2 ounces of tofu
  • 1 ounce cooked tempeh
  • 1 falafel patty (2.5-inch, 4 ounces)
  • 6 tablespoons hummus

If you want to increase your daily protein, you can do so in many ways. The first step may be understanding which foods contain protein, especially plant-based sources. Then, eat fewer foods that are low in protein and focus on foods with a higher protein content. Here are some ideas to increase daily protein intake:

  • Focus on adding a protein source to every meal during the day.
  • Consider adding nut butter, which could be eaten with whole-grain bread, fruit, or a smoothie.
  • Add raw nuts to yogurt, salads, or oatmeal.
  • Add protein powder to a smoothie, yogurt, dairy or nondairy milk, or vegetable or fruit juice.
  • Lean jerked meat low in additives can make a high-protein snack.
  • Edamame (soybeans) are high in protein and can be eaten alone or with a salad or stir-fry dish.
  • Add tuna, salmon, sardines, or other canned fish to crackers, salads, or sandwiches.
  • Choose whole grains, such as quinoa, couscous, or wild rice.
  • Add more protein to breakfast with eggs, cheese, or non-dairy milk.
  • Try roasted chickpeas or dipping vegetables in hummus for a snack.

Reference: VeryWell Health (Sep. 21, 2023) “How Much Protein Everyone Needs per Day”

How Much Water Should I Drink Each Day?

The average human body is more than 60% water. It comprises about two-thirds of your brain and heart, 83% of your lungs, 64% of your skin and even 31% of your bones. It’s involved in almost every process that keeps you alive. So, if you’ve joined the water-drinking craze, you’re doing yourself a big favor.

“Water is essential for your body’s survival,” says Crystal Scott, registered dietitian-nutritionist with Top Nutrition Coaching. “It helps regulate your temperature, transports nutrients, removes waste, lubricates your joints and tissues, and it also plays a crucial role in maintaining the delicate balance of electrolytes and fluids in your body.”

You lose water when you breathe, sweat, urinate and metabolize food and drink into energy, explains Fortune’s recent article, “It’s not 8 glasses a day anymore. Here’s how much water you should drink each day.”

If you don’t replace that fluid, your health can go downhill quickly. Without water, you’ll die in only a few days. There are simply too many systems that depend on it.

“It’s the starter when looking at any form of change or issues with your nutrition or your lifestyle—assess water intake first and foremost,” says Scott. “It helps with fullness cues, it can improve cognitive function, mood, physical performance, and can prevent health problems like constipation, kidney stones, and urinary tract infections. It’s one of the foundational building blocks.”

The common rule of thumb you’ve likely heard is the 8×8 rule: Drink eight 8-ounce cups of water daily. If you’re achieving that, you’re doing well but may benefit from some adjustments. Your intake recommendation may also vary based on life circumstances. For example, if you live in a hot and humid climate, get a lot of physical activity, are pregnant, or are breastfeeding, you may need more water daily than the average adult. Your doctor can help guide you.

The National Academy of Science, Engineering, and Medicine recommends an average daily water intake of about 125 ounces for men and about 91 ounces for women. If you’re not getting exactly that amount every day, you’re probably still close or even over because you also get water from food. While it’s rare, it is possible to drink too much water, a condition known as hyponatremia. It occurs when water in your system overwhelms your kidneys, which can’t keep up with a normal filtration rate.

However, for most of us, the bigger issue is getting enough water. While it’s helpful to keep tabs on actual ounces, your body is the best indicator of whether you’re well-hydrated. Your body will show certain signs when you don’t get enough water.

“Urine color is a really great indicator of hydration status,” says Scott. You’re golden if your toilet water is pale yellow or clear after you pee. Dark yellow or amber-colored urine is a sign your body needs fluids. Headaches, migraines, bad sleep, constipation, dizziness and feeling light-headed or confused can also be signs of dehydration.

Reference: Fortune (May 6, 2023) “It’s not 8 glasses a day anymore. Here’s how much water you should drink each day”

What’s the Latest Problem with Veteran Benefit Claims?

“VA.gov has gaps, and veterans are falling into them,” said Rep. Matt Rosendale, R-Mont., who chairs the House Veterans Affairs subcommittee on technology, during a hearing recently. “This is a situation where the VA is badly in need of independent oversight.”

Military Times’ recent article, “Lawmakers demand accountability after VA loses track of vets’ claims,” reports that in August, VA leaders announced they’d found roughly 32,000 veterans’ disability claims delayed. Some of these cases date back years because of technical flaws in the department’s VA.gov filing systems. Two weeks later, officials acknowledged 57,000 more similarly delayed cases involving veterans trying to add dependents to their accounts.

VA officials said they would backdate veterans’ pay as soon as possible. However, the errors may have delayed potentially thousands of dollars in monthly payouts to individuals suffering from military-related illnesses or injuries.

Veterans Affairs Chief Information Officer Kurt DelBene noted that the errors are just a small portion of the more than seven million cases filed since early 2018. However, he also acknowledged that any mistake that causes financial harm to veterans is unacceptable.

“VA will resolve these issues, prevent them from happening again, and address them more quickly when needed,” he told lawmakers. “And most importantly, we’ll make sure that all impacted veterans get the benefits and services that they deserve as quickly as possible.”

However, several lawmakers said those promises aren’t enough.

“I think we have a problem with addressing the major issues in leadership and officials not being held accountable for things that they do or do not do in upholding their responsibilities to veterans,” said Rep. Morgan Luttrell, R-Texas. “My concern is that no one is holding [anyone] responsible for this.”

Earlier this month, in a letter to VA leadership, committee Chairman Mike Bost, R-Ill., commented that the problems are “just the latest in a string of electronic filing issues that continue to plague the department.”

Reference: Military Times (Sep. 26, 2023) “Lawmakers demand accountability after VA loses track of vets’ claims”

How Can I Quickly Downsize?

Optimally, it’s best to spend months or years carefully purging excess belongings. However, life may get in the way, says The Independent’s recent article, “3 Steps to Downsize in a Hurry.” So let’s look at what we can do now:

  1. Collect paperwork. This includes photos, prescriptions, and perishables. You may want to box unsorted documents and photos for temporary storage in a climate-controlled area and sort through them later. Next, deal with the stuff that can’t be sold or donated, such as unneeded medications and perishable food that won’t be eaten in time. Nonperishable, unopened food items typically can be donated to a local food bank.
  2. Identify the ‘keepers’. These are possessions with a definite home. iIf someone’s moving, this includes things that will be going with them. However, if you’re clearing out after a death, keepers may consist of items destined for heirs. An executor officially charged with settling someone’s estate may be required to hire appraisers to value possessions before anything is distributed. If you have potentially valuable items, like antiques, jewelry, art, or collections, ask a personal property appraiser to help you determine what may be worth the extra effort of selling. However, hiring an appraiser can cost hundreds or thousands of dollars, which may not always be practical.
  3. Decide what to do with the rest of it. If you have several rooms of furniture and household items remaining, think about an estate sale to help you dramatically downsize. Estate sales are often organized by professionals who advertise the sale, price the items, handle transactions and provide security. Estate sales agents may agree to donate or dispose of whatever doesn’t sell. They typically get 30% or more of the sale proceeds. Giving stuff away is another option. However, charities are often selective about what they’ll accept. Check their websites or call first to avoid an unnecessary trip. Some charities will send a truck to pick up approved donations.

Reference: The Independent (May 18, 2023) “3 Steps to Downsize in a Hurry”

Is Coffee Good for My Blood Pressure?

A new study has found that drinking three or more cups of coffee is associated with lower blood pressure.

According to the study’s lead author, Dr. Arrigo F.G. Cicero, associate professor in the Department of Medical and Surgical Sciences at the University of Bologna, peripheral and central blood pressure are markers of arterial stiffening and aging.

Healthline’s recent article entitled, “Hypertension: 3 Cups of Coffee a Day May Lower Blood Pressure,” noted that in seniors with high blood pressure, the large arteries tend to be stiffer, leading to higher systolic blood pressure (the top number of the blood pressure reading) and wider pulse pressure (the difference between the top and bottom numbers).

The authors note in their report that the effects of coffee on blood pressure are still questioned, since the caffeine content of coffee can raise blood pressure in the short term. However, these effects may be offset by coffee’s antioxidants, which can help blood vessels dilate and protect cells against free radicals.

Cicero and his team examined a sample of 720 men and 783 women in the Brisighella Heart Study. This ongoing study began in 1972 and included a randomized sample representative of a rural Northern Italy town called Brisighella. They looked at the participants’ blood pressure and coffee-drinking habits and a selection of other data relevant to cardiovascular health.

The researchers found that coffee consumption was associated with lower blood pressure.

“The trend seems to be positive from two [cups of] coffee per day,” said Cicero. “So, coffee drinking should not be a priori forbidden in current coffee drinkers, if the fear is that coffee could increase BP levels.”

Dr. Jim Liu, a cardiologist at The Ohio State University, said that while this study is small and focuses on a specific population, its findings are consistent with prior knowledge about how coffee affects blood pressure.

“Coffee can increase blood pressure acutely after consumption, but there really has not been any consistent evidence to show that moderate amounts of coffee consumption lead to long-term issues with high blood pressure or heart disease in general,” he noted.

The American Heart Association says that people are advised to avoid drinking “too much” coffee because of its ability to raise blood pressure. It can also cause problems sleeping, heart palpitations and anxiety.

Reference: Healthline (February 12, 2023) “Hypertension: 3 Cups of Coffee a Day May Lower Blood Pressure”

What’s Going on with Veterans Affairs Medical Centers?

In addition to closing or overhauling 35 VA medical centers, 14 new major VA hospitals would be built along with 140 multi-specialty community-based outpatient clinics, reports The Military Times’ recent article entitled “Dozens of VA medical centers slated for closure, total rebuilds under new infrastructure plan.” The plan in total would add 80 new medical buildings to the VA’s existing inventory of more than 1,200 across the country.

The proposals represent a massive overhaul of VA’s footprint in the U.S. in the near future, which may affect millions of veterans seeking medical care and hundreds of thousands of VA employees. However, the plan must also get approval from both an independent commission of veterans advocates and Congress before moving ahead, leaving any potential changes years away.

VA Secretary Denis McDonough said the changes are a critical rethinking of where VA facilities are located and how the department delivers care to vets.

“We will be shifting toward new infrastructure or different infrastructure that accounts for how healthcare has changed, matches the needs of that market and strengthens our research and education missions,” he said. “Most of all, we’ll ensure that veterans who live in [any] location have access to the world-class care they need when they need it.”

Congress mandated a reassessment of VA’s nationwide infrastructure in 2018 as part of a review styled after the military base closing rounds of the 1980s and 1990s. Under the plan suggested by McDonough, 17 medical centers in 12 states would be completely closed. They include three sites in New York state (Castle Point, Manhattan and Brooklyn), and two sites each in Pennsylvania (Philadelphia and Coastesville), Virginia (Hampton and Salem) and South Dakota (Fort Meade and Hot Springs). Other facilities recommended for closure are:

  • The Central Western Massachusetts VAMC
  • The Dublin VAMC in Georgia
  • The Chillicothe VAMC in Ohio
  • The Fort Wayne VAMC in Indiana
  • The Battle Creek VAMC in Michigan
  • The Alexandria VAMC in Louisiana
  • The Muskogee VAMC in Oklahoma; and
  • the Palo Alto Livermore VAMC in California.

Seven of the 17 sites recommended for closing are located in the northeast, where the number of veterans (and the overall population) has declined in recent decades. Services at those sites would be replaced by smaller inpatient and outpatient clinics to be added in those areas, or by construction of new VA medical centers in nearby communities.

The plan calls for the construction of two new major medical sites in Virginia (Newport News and Norfolk) and Georgia (Macon and Gwinnett County), as well as a new New Jersey facility in Camden to offset the loss of some of the New York sites. The new construction list includes:

  • A medical center in King of Prussia, PA
  • A medical center in Huntsville, AL
  • A medical center in Summerville, SC
  • A medical center in Grand Rapids, MI
  • A medical center in Colorado Springs, CO
  • A medical center in Everett, WA
  • A medical center in Anthem, AZ and
  • And a medical center in Rapid City, SD.

A total of 18 medical centers would be rebuilt, either on their existing land or at a nearby new location. Three New York state centers are on that list (Albany, Buffalo and St. Albans), as are several other major metropolitan areas: Miami, Atlanta, Phoenix, Indianapolis, San Antonio and Washington, D.C. Other replacement sites include:

  • Bedford VAMC in Massachusetts
  • Wilkes-Barre VAMC in Pennsylvania
  • Beckley VAMC in West Virginia
  • Roanoke VAMC in Virginia
  • Durham VAMC in North Carolina
  • Tuskegee VAMC in Alabama
  • Hines VAMC in Illinois
  • Shreveport VAMC in Louisiana; and
  • Reno VAMC in Nevada.

McDonough stated that the plan will not displace any VA workers or patients in the short-term. Efforts will also be made to minimize disruptions over the long-term. The plan also calls for many improvements to VA staff pay and benefits as a way to strengthen retention efforts, and improving care throughout the system.

The full recommendations would cost about $98 billion more over the next 30 years than simply maintaining the department’s current infrastructure, and about $41 billion more than modernization efforts projected to be needed over that time frame.

Reference: Military Times (March 14, 2022) “Dozens of VA medical centers slated for closure, total rebuilds under new infrastructure plan”

What Does New VA Budget Include for Veterans?

Even with many years of significant budget increases, the Department of Veterans Affairs will need billions more in funding in fiscal 2023 to keep pace with the health care and support services needs of veterans and their families, according to a new report released by advocacy groups.

Military Times’ recent article entitled “VA needs more money to keep pace with veterans’ needs, advisory group warns” reports that The Independent Budget—an advisory spending plan compiled by Disabled American Veterans, Paralyzed Veterans of America, and the Veterans of Foreign Wars — calls for a 23% increase in VA program spending over the latest White House request to add funds for priorities like mental health services, caregiver support and homeless veterans assistance.

Advocates say the administration’s plan for fiscal 2021 falls about $4 billion short of the needs of America’s veterans. In fiscal 2001, the entire VA budget totaled about $45 billion. By fiscal 2011, it was about $125 billion, almost triple that total. Ten years later, in 2021, the department’s budget was nearly double that again, at $245 billion.

The White House budget request for fiscal 2022 — which began last October — was $270 billion. Lawmakers have not yet approved a full-year budget for the VA, but are expected to advance discussion on that issue in coming weeks. The administration’s fiscal 2023 budget plan for VA is also expected to be released sometime next month.

Authors of the Independent Budget said their requests for more VA money next year are not wishful thinking but a real assessment of the challenges ahead for the department.

“As we enter into 2022, COVID’s impact remains a challenge for VA, with the spread of the virus and disruptions to health care systems continuing,” said Randy Reese, executive director of DAV’s Washington Headquarters. “In this environment, we made cautious recommendations based on historical trends to ensure the needs of our nation’s ill and injured veterans are met.”

Under the Independent Budget plan, VA officials would see a $1.8 billion uptick to health programs to “close the gap in clinical care” at department medical centers.

“The lack of adequate health care staffing has been a major driver of longer waiting times for veterans seeking VA care, and ultimately has the effect of suppressing the true level of veterans’ demand for care,” the report states. “It also forces many veterans who would prefer to receive their care from VA providers into community care providers.”

The organizations have also called for $490 million above the pending White House request for caregiver support programs, $395 million more for homeless veterans’ programs and $288 million more for mental health services and suicide prevention efforts.

Reference: Military Times (Feb. 7, 2022) “VA needs more money to keep pace with veterans’ needs, advisory group warns”

How to Get Top Dollar for Home when You Downsize

You don’t need to plan on a lengthy renovation to sell your home and downsize. Smaller investments can help your windfall just as effectively. As most of us look at properties first from a laptop or smartphone, pictures are key. Even before the pandemic, 70% of house hunters toured the inside of a home online, according to a 2019 report from the National Association of Realtors.

To attract buyers and maximize your home’s sales price, Kiplinger’s recent article entitled “7 Essential Steps to Getting Your House Ready to Sell” provides seven tips, including a new way to stage a space in the digital age.

Release Your Sentiment. To sell your home, get over your emotional attachment and think of your home as a product. Just because you love your home’s brightly painted accent wall or bold, patterned wallpaper doesn’t mean a buyer will find it attractive. Look at the space as a buyer would — with a critical eye — to spot what needs to be changed or upgraded.

Depersonalize. Homebuyers like to picture themselves living in the home with their furnishings, so store your family photos and remove pictures from the walls and mantels.

Declutter. Downsizing your belongings helps your house demand a higher selling price. The less stuff in a room, the bigger it looks. You can hire a professional organizer, who will even call the movers and donate your giveaways.

Stage Your Home. If you need to move out of the home while it’s on the market or just want more neutral, attractive furniture to show off the rooms, staging can help.

Consider Virtual Staging. A cheaper alternative to traditional staging is to add pieces of furniture to pictures of the rooms in your house. These photographs can then be used on websites that show home listings.

Make It Brighter. Anything you can do to lighten and freshen up your home will pay dividends. Paint the outside accents of your home to increase its curb appeal. Use a product like Orange GLO to make cabinets and wood floors shine. Change light bulbs in lamps and overhead lighting for ones with a higher wattage. You can also swap out heavy window coverings with something that lets in more light, such as sheers. Light-filled rooms will energize potential buyers.

Go for Nice But Not Too Nice. If significant renovations are needed, restrict it to simpler projects, like upgrading kitchen appliances or bathroom cabinets. Don’t knock down walls to reconfigure the room’s footprint. Your improvements should be consistent with the average home prices in your area. You don’t want the nicest house on the block. If your house is in a moderate price range, go with moderately priced cabinets and appliances. If you go high-end, you’re not going to make the money back.

Reference: Kiplinger (Aug. 5, 2021) “7 Essential Steps to Getting Your House Ready to Sell”