The Ins and Outs of Business Law: Four Specialty Areas

Do you have a head for big deals? Do you like traveling to new, exciting places? Can you keep your cool when those around you are losing theirs? You might just have that rare combination of traits and talents it takes to make a suitable business law attorney.

The Job

If you ask four business lawyers what they do, you could get four different answers. The reason is that there are at least four major areas of practice attorneys may focus on. Sure, some of them do it all, but most concentrate on only one area to better serve their clients’ needs. These clients are generally companies, corporations, banks, or financial institutions. On any given day, they may ask their legal advisers to practice different types of law. Here are the four major ones.

1. Corporate Finance

Large companies and corporations are endlessly raising all forms of debt and equity capital in order to expand and grow their revenue. To do so, they often have to borrow from banks and other financial institutions. It is the job of the business law attorneys who work for them to secure the most attractive commercial loans when financing is needed to fund a new project. To do so, they must negotiate the most favorable terms for their clients before both parties are brought together to seal the deal.

The above is but a single example of what a legal adviser who focuses on corporate law may do. They may serve in countless other capacities where action or advice is needed in a business matter. But whatever the transaction may be, these sought-after attorneys make certain all documents and paperwork are in compliance with state and federal laws.

2. Real Estate

Most folks think buying a home is a major hassle. Well, how about buying a building or an entire city block? Business law attorneys help their clients acquire new property on almost any scale imaginable. They help them purchase, fund, lease, manage, and sell their real estate holdings. These properties may include anything from two-family homes to large retail to office and industrial developments.

In addition to helping with the purchase or sale of real estate, finance lawyers may also help their clients resolve complicated title or environmental issues that must be addressed before a transaction can be completed. They can even work on the other side of the aisle for the lender.

3. Private Equity Funds

When you handle other people’s money, countless rules are used to regulate your conduct. Private equity fund managers might know how to provide working capital for target companies, but they may not be aware of all the legal ramifications of their actions. It is for this reason that finance lawyers are needed whenever portfolio investments are made or new funds are formed. Whether the funds focus on mortgage lending, precious metals, or real estate, experts are needed to deal with the complex business, tax, and regulatory issues that are almost always involved in the formation and management of these funds.

4. Contracts

For a finance lawyer to correctly evaluate a contract and determine whether or not signing it is in the best interests of his client, he must be intimately aware of his client’s business needs. Why? Because as important as contract law may be, it is fairly elementary. In other words, any attorney worth his salt should be able to peruse a contract and determine if it is copacetic. But if you don’t know what your client’s goals are, how can you get him what he wants?

As exciting as the deal-making aspect of the job may be, most business law attorneys spend most of their time working out the fine points and minor details of contracts and other agreements. They must also devote an awful lot of time and energy to learning about the corporate world before they can competently apply their trade. That said, it is a challenging and rewarding career, both financially and intellectually.

Resolving Disputes with an Expert Business Law Firm in California

In California, business disputes happen in one way or another. Especially when engaging into transactions with other companies, suppliers, clients and even partners, it is very possible that disagreements will arise.

With these problem occurrences, the business manager has to make an important decision to prevent losses and further damages to the company – whether to file a case in court or to engage in an out of court settlement such as arbitration.

What legal experts suggest

Because of the tremendous advantages of dealing with a corporate dispute, majority of the business law firms in California firmly recommend opposing parties to resolve the issue outside the court. In fact, arbitration is fast becoming a popular means of settling commercial and business disputes all over the country nowadays.

Mainly, the following are the reasons why most disputing companies enter into arbitration rather that a court litigation.

  • A court case may take a lot of time to be resolved. Fast resolution of a case is important in many instances, especially if the issue is affecting the company operation. Unlike court litigations where pre-trial procedures are necessary, the arbitration process does not require these time consuming steps. Also, the non-application of court rules on evidence is an added factor that prevents unnecessary motions in arbitration.
  • An arbitration maybe done privately at any time and place by both parties, preventing the public to identify the dispute. This means the arguing parties will have more control over their own argument. Besides, because some disputed matters should be held confidential for it may create bad image on either parties, it is advisable to inhibit others to know of the problem.
  • Court litigation may cost both parties a large amount of money in paying for attorney’s fees and attending the hearings. In corporate cases, many lawyers charge their clients per court appearance. Therefore, a speedy resolution of a business dispute will certainly lessen both parties’ expenses.

Arbitration process

Arbitration is slightly similar to court litigation. This procedure is also carried out before a neutral party to make his decision for the disputed matters after both sides has been heard. The defendant should also be given a copy of the complaint and be given time to prepare his response. If both parties agree to settle the problem outside the court, it would only be then the arbitration procedure will push through.

Similarly, the plaintiffs should have to present their respective evidences to prove their cases while the defendants may also provide their counter-charges and/or explanations to contest the disputed issue. The arbitrator will then make his decision based on these presented evidences. Typically, the arbitrator’s judgment is legally binding and final.

The need for representation

Notwithstanding the many benefits of arbitration in resolving a business dispute, still, the opposing parties must be properly represented by their respective business lawyers. This will ensure that all their rights will be well protected as suggested by the existing arbitration rules and regulations.

In addition, a competent lawyer coming from a reputable business law firm in California will lessen their burden of preparing the needed documents and evidences. An advocate will also explain to them all about the status of their case and make sure that they will end up in a fair settlement.

Get the help of competent and reliable attorney services in resolving business disputes.

The Importance of Business Law

If you fail to prepare, you prepare to fail.

A business is started not to fail but to succeed. There are a number of books that offers marketing strategies, guides and tutorial. There are even seminars and courses for those who want to engage in business. Still, thousands fail.

Preparing your company nowadays is an easy task. You can easily get marketing ideas on the internet. You can research and gather more information easily. You can attend short courses to improve your skills. You can better and cheaper suppliers on the World Wide Web. You can contact advertisers to promote your product or services.

But there is one thing you can’t read on books neither learn on business courses. And these are the legal services of business attorneys. A number of marketing and sales books can help you build new strategies but only business attorneys can give you legal advice with regards to your company. If you are building up a new business, you don’t want to mess up with the court. Even some of the greatest and the biggest businessmen that failed to seek counsel of business lawyer crashed.

Maybe you have the best talent for a particular company,you may have the capital, you may have the work force and you may have the knowledge – but business laws. Here in Texas, you have to be aware of certain business law. Texas Business law may cover fraud and deceptive practices, contract disputes, refusal of insurance claims, bankruptcy, right of creditor, partnership and corporate disputes. There also specific laws for real estate, oil and gas business and business sales and purchases. In addition, you should familiarize with draft and review of contracts and leases, employment contracts and even insurance policies.

These tasks are not for business persons but rather for business lawyers that have wide experience as well as educational background. You should seek for legal advice with business lawyers. Though you might not need permanent business attorneys, you can always hire one if you ever needed them. You don’t necessarily need an attorney who knows every single law, but rather a marketable business lawyer. This business lawyer must be familiarized with Texas business law, and should know what business you’re into. The business lawyer should not only assist you on the court but also give you legal advice whenever you need one.