Business and Corporate Law
In our Business and Corporate practice, we are qualified to begin helping our clients at any and all stages of their business cycle. From inception through drafting of a business plan through the sale of their business, we advise and work with our clients.
Business Plan – All business should have a written business plan. Before financing can be obtained, the prospective lender usually requires a business plan. A business plan shows the principals where the business is, where it is going and how it will achieve those goals specified by the owners. Depending on the nature, needs and details of the business, this can be relatively simple to a complex plan. The plan may simply be one that details the basic business goals and activities to one that includes market analysis, financial planning and marketing plans.
Formation - We inform and advise our clients regarding facts and information that go into determining the proper form of business entity and whether it should be a sole proprietorship, partnership, corporation, limited liability company or one of the many other forms of business entities available to our clients. We make recommendations regarding corporate structure and bi-laws, operational structures and rules, buy sell agreements, non-compete agreements, employment contracts and many other appropriate operational details of which our clients should be aware. After the client makes the necessary choices, we then draft the appropriate documents required to memorialize their operational decisions.
Transactions - Every company has transactions that represent its central and peripheral operations. Some require documents such as bid and estimate forms, order forms, check lists, completion confirmations, payment demand letters, and many, many more. Here at The Wittenberg Law Firm PLLC, we first will direct you to valid sources of low cost forms and documents for your company such as industry specific associations, and if none are available, we will draft your forms here.
Liability Avoidance – While every business needs to plan for and be in a position to fund litigation, whether it is to bring suit to protect their rights and agreements, or to defend against claims of others, our primary goal at The Wittenberg Law Firm PLLC is to help our clients position themselves to avoid liability. Further, should litigation be necessary, we advise our clients to be proactive to position themselves to prevail in a lawsuit by using pre-planning and operational policies that both eliminate liability and create documented evidence to support positive outcomes in the litigation arena.
Estate, Wills and Probate
Execute The Proper Estate Documents
Estate planning is not only for the elderly. Life’s twists and turns sometime present circumstances when we are not able to make important decisions for ourselves and our loved ones.
It is imperative to have the proper documents in place to make sure your wishes are followed in the event of mental incapacity or death. Who will manage your estate in the event of short term or long term disability? What instructions should be given to your doctors in that event? What are your end-of-life choices? Who should inherit particular assets, whether trusts need to be set up due to the age or the mental capacity of those persons, what specific bequests you wish to make.
While these issues may not be pleasant to ponder, they are even more difficult for your loved ones to have to decide upon when in the middle of a family crisis.
Every adult should have an estate plan specifying, in detail, their wishes in circumstances that occur while living and upon passing. What should happen to your property should you become incapacitated or when you pass. Who should control it or administer it? While most people prefer not to think too far ahead, death is a reality that is, for most of us, unplanned. It is much better to draw up your own will and testament than to rely on what the law has in store for everyone who did not take the time to do so. If you have a spouse and/or children, it is especially important for you to have a will to ensure they are properly taken care of once you have moved on.
In many cases, both husband and wife have identical bequests and wills save for those differences necessary because they are tailored to the individual. We call those “mirror wills” because they mirror each other in their details. In those situations, the cost is twenty-five to forty percent less than for two individual wills.
Some of the Estate Documents We Recommend As Part of Your Estate Plan Are:
- Last Will And Testament
- Durable Power of Attorney
- Health Care Power of Attorney
- Directive to Physicians (Living Will)
- HIPPA Releases
- Trust Agreements
Act without delay
If you find yourself in a situation wherein you need legal advice, make contacting a skilled, experienced north Texas attorney your priority. The sooner you seek legal advice, the easier it will be for your attorney to help you reach your goals, whatever the circumstances of your situation.
Delay in obtaining legal counsel might lead to some important information being lost or forgotten, or for the other party involved in your dispute to build a stronger case against you. Often times, you also have to allow some time for your attorney to review the case, file paper work and get the proceedings started.
Be open and honest
Your attorney can only help you insofar as you help him understand your case. Keeping details or information from your lawyer not only makes his or her job that much difficult, it is in every case a detriment to your claim or defense. Your lawyer is there to represent you and you therefore need to have enough trust in him to divulge everything pertaining to your situation. Your attorney will in most cases ask questions that may seem very personal in nature, or might upset you. Remember that their only concern is to ensure you come out of the situation with the best results possible, and as such you should answer honestly and not feel defensive when being questioned.
Ask questions and get answers
Your attorney, if skilled, qualified and experienced, should expect you to have many questions about your case, their background, the cost of the proceedings and other aspects of the law. Any lawyer who cannot or will not take the time to answer these questions clearly and openly should not be hired. You should know exactly what to expect walking in to legal proceedings, from lawyer fees to court procedures. Make sure you are comfortable with your attorney and that they can explain legal lingo to your entire satisfaction before deciding on hiring him or her.
If you require legal advice or representation, do not hesitate to call The Wittenberg Law Firm PLLC today. Someone is standing by to help you take your first step towards putting matters of the law behind you. While we are proud to offer advice and help in our primary areas of practice, we do not hesitate to refer you to another attorney should your situation make that appropriate.