​Small Business owners know litigation is costly. It absorbs both time and money and changes the way they do business.  What may surprise business owners are the reasons small businesses get sued, and it’s not just when they make a mistake. 

​Unless you are a healthcare provider, you may think your business is safe from lawsuits. You would be wrong. Investopedia quoted 36 percent to 53 percent of small business get sued each year. The Small Business Administration, published a survey reflecting three major reasons small businesses get sued. We followed these with some ways to reduce the risk of legal action against your business.

Employees file complaints of EEOC, Workers Compensation claims and discrimination. While some of those complaints may be due to employee negligence, employees still use this approach hoping for a financial settlement or increased salary to close out the issue.
​Counteract Complaints with Solid Employment Practices.
One of the employment practices to adopt immediately, make sure your firm is compliant in employment and safety practices.   Keep all EEOC posters posted, and make sure they aren’t removed.  
Avoid Hazards Leading to Worker Compensation Claims
Create and maintain a safety plan at work. Evaluate the standard operating procedures of your business for safety. Update those practices regularly.
 Employee Discrimination Complaints
Any worker or management behavior that can cost you your business is a big deal. Talk to your business law attorney about how to set the right respectful tone in your company. Then do so in writing, as well as any other training you need to initiate. 

​Technology companies are often involved in matters of intellectual property, but it could also be an issue with marketing firms that create images and accounts to market the business. Without a detailed agreement outlining who owns the images, accounts, logos etc. your business could be at risk. An attorney experienced in business law can protect your business against seemingly logical assumptions that can destroy the business.
Construction firms blame contractors for structural problems, or for results the client hadn’t understood or expected. A detailed contract, outlining exact provisions and their specific costs, is critical. If needed, consult your attorney about how to amend the agreement to show any changes to the order or cost.

Business need satisfied customers to stay in business. today, unhappy customers go online and write negative reviews that are read by millions. Small business owners might reduce the invoice or add services to make the customer happy, but it doesn’t always work. Customer dissatisfaction is one of the common reasons businesses get sued.
The solution always begins with a well-drafted, detailed agreement describing what expectations both parties should have for the transaction. Putting those expectations in writing helps to set them. At The Finman Law Firm, we’re confident of drafting the right template, or specific contracts to protect your business. Get more information free by contacting us here.
We know you want to trust those you work with. Whether it’s an employee, customer, vendor or other company, you still need to protect yourself with straightforward steps.
·   Put every agreement in writing, understand the terms and follow them.
·   Keep records as events happen, so your memory is fresh and the records are accurate.
·   Be careful with those records you create and keep. Documenting everything protects you in case of a complaint or problem.
·    Seek counsel with a business law attorney before you draw up or use an agreement. Having the right agreement could not only save time and hassle; the right agreement could save your business. 

​The preceding article is not meant as legal advice, but is solely intended for informational purposes only. To get more information on negotiating to buy a small business and other business law matters, visit our home page at https://finmanlawfirm.com/.

​A recent business law consultation reminded me to help more business entrepreneurs see the importance of an attorney to the well-being of their businesses.  An artist called with questions about how to develop a contract for commission work.  She had begun the work on an agreed invoice, but had left so many details off the invoice that she got burned.  Her final work took twice as long to complete, after the client added requests to the work, and it was vastly underpriced.  Of course, as a matter of honor she kept to the bottom line of the invoice, but wanted to protect herself in the future.
The consultation progressed to how to protect her posters and artwork online and much more.  By the end of the conversation, she realized even an artist is in business and needs legal work.  An artist must negotiate many of the same things other businesspeople must negotiate. I’m referring to things like leases on workspace, commission to galleries carrying the work, price of private commissions, fees and art shows and more.  

​A business law firm handles many responsibilities.  At The Finman Law Firm, this includes researching cases, negotiating transactions, and drafting contracts such as leases, purchases and employment contracts. We can also aid in drafting codes of conduct, negotiating mergers and more.  In general, business attorneys help facilitate the daily conducting of business.

​Texas is the leading state for business.  We lead in GDP, Exports, and job creation.  That isn’t a distinction reached unless some of its business know how to negotiate. The thing is, not everyone is skilled at every type of negotiation, including leases, commissions, wholesale prices and terms, and more. If you are a top negotiator, great!  Otherwise, bringing in a competent law team like The Finman Law Firm could save you thousands of dollars per negotiation. That's because The Finman Law Firm has both experience and skill at many employees. We are confident we will be worth the investment, so confident that the first call is free.  

​Business Contracts Protect Good Will as Well as Your Bottom Line.

Business contracts are not off-putting. Contracts put in writing the agreement reached between two or more parties, and once signed, are enforceable by law.   When written well, a contract s protect everyone involved in a transaction.  A well written contract clearly establishes the understandings and expectations of the parties involved.  To be legally binding, a contract must include an offer and acceptance, consideration, mutuality or intention, legality and capacity.

A business law office such as The Finman Law Firm, can help ensure contracts are clearly worded, valid and protects their clients’ interests.  We can ensure your employment agreements are compliant and clear. Lease negotiation is a service we regularly perform for our business clients, along with drafting binding leases.
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Our services act to not only protect businesspeople on a regular basis, but often protects their families too. We pride ourselves on clearly worded contracts, well written without oversights, that protect our clients, their businesses and homes. If your business is in the greater Houston area, contact us today for information on how we can help you grow your business.

The Finman Law Firm in Houston Texas advises on small business legal requirements with skill, knowledge and experience. This article, however, is not intended to be construed as legal advice. It is for informational purposes only, offering insights and awareness into the complex nature of small business law and invoice debt collection. Speaking with an experienced attorney is an advisable way to make sure your rights are safeguarded. You can contact us here.

​It has been a hot dry summer in the Houston area and storm damage to their homes is the last thing homeowners are thinking about. Unfortunately, weather forecasts for today and later this week mention street flooding and damaging winds. We hope you stay safe from the storm and from an insurance claim denial that leaves you desperately frustrated afterwards.
Insurance companies are not always as accommodating as we’d expect. Sometimes they drag out or deny claims outright even when the claim is legitimate. When the insurance company is wrongfully denying claim compensation, call The Finman Law Firm. We have experience working with Insurance companies to resolve wrongful claim denials.
In Texas, there are state-specific rights given to homeowners.  The Texas Department of Insurance is a free resource for every Texas homeowner. But there are some simple steps you can take if your insurance claim is denied.  When You Receive an Insurance Claim Denial
You did everything right, but your Insurance company is still denying your claim. You made sure the damage was sustained by a covered risk. You know this because you reviewed your home policy coverage every year. You filed the claim within the time allowed, so you know you didn’t miss the filing deadline. You fully documented the damage sustained, backing it up with video and photos. Every documentation item submitted contained your policy and claim number on it. There were no hidden or misstated facts in the claim, and you have always maintained your property. So why was your claim denied, and what do you do next?

​Review the claim you filed before you call your insurer again. Figure out whether you need to improve the damage and loss documentation or evidence. Photos, videos, estimates and receipts for items damaged are all part of the loss evidence you should include with a claim. Once you check your initial work, call your agent or insurance company claim department.
Verify the reason for your insurance claim denial. Ask if your claim can be reviewed again if you have new evidence or ask for the adjuster to reexamine the property. Maybe the adjuster made a mistake. It won’t help your case to accuse anyone of this, but ask for their help. They may even agree to send a different adjuster to check your damage.

The purpose of having an independent appraisal and repair assessment is to get an objective estimate of the damage you’re trying to repair. If instead of an insurance claim denial, you received a low settlement offer, there is some risk when hiring an independent appraiser. The third party will either confirm the current settlement offer validity, or help you argue for a fairer offer. In the latter situation, contact your insurance agent or claims department and tell them about the independent estimate. If you need to, take it up the management ladder and ask them to re-evaluate your case. An independent appraisal will generally cost between $300 to $500 and may be deemed to be influenced by you since you hired them.  For that reason, many homeowners option to skip this step and speak to an attorney.

​Sometimes you just can’t reach an agreement with an insurance company on a claim. Insurance companies tend to respond sooner when a complaint is filed. Even receiving a letter from an attorney can motivate companies to open settlement discussions.  Still, getting served notice of a complaint is a strong catalyst inducing settlement negotiations.
When the damage repair costs will be extensive, hiring an attorney can be extremely cost effective. Statistically, settlement results when a lawyer is involved are faster and larger. Contact the Finman Law Firm here to set up your free consultation call. Get informed on how to protect your Insurance claim denial options.
Please note: This article is for general information purposes only and is not meant to be construed as legal advice. Only an attorney licensed in your state can offer you legal advice, and only after talking with you and gathering specific information about your situation. If, after reading the general information in this article, you think that you need legal assistance, please contact a lawyer in your area for legal advice.

​Especially during a post pandemic recession, more businesses struggle to pay their debt. But when it’s your customers that are slow to pay, planning and meeting your own obligations is challenging. If you only have a few outstanding small invoices, it could be worth your own time to pursue the debtors yourself. So when should you hire a invoice debt collection lawyer?
For larger invoices, or when a customer is difficult or repeatedly late, an attorney may inspire faster payments. Around fifty percent of invoice defaults result in settlement when the debtor receives a notice from The Finman Law Firm. Nearly ninety percent of the balance of debtors attempt to settle once they are served a notice of the complaint filed on your behalf. Let’s look at that again. About half of those customers who defaulted on invoice payments cure their default to avoid having a case filed against them. Ninety percent of the other half settle when a complaint is filed to avoid court.

​Perhaps we should ask the cost of not retaining an attorney for invoice debt collection. Invoices go into default specifically because the debtor isn’t paying them. Additionally, the hours you spend chasing bad debt takes you away from running and growing your business. There are expenses incurred in debt recovery other than your attorney’s fees. If the case goes to court, there is the expense of filing a court case including filing fees, service fees, clerk fees etc. These fees will apply whether you or your attorney files a case. However when the alternative is to chase debtors who defaulted on invoices, legal fees begin to prove themselves to be a sound investment. Your cash flow will improve in a predictable pattern, so you can plan your business activity. 

​The majority of the other debtors are anxious to settle once they are served. A well-crafted agreement can posture the language to ensure the debtor pays your legal fees, so you don’t eat them. If a case continues through the court system, the judge’s ruling may reimburse your court costs. 

​Better invoices make it easier for customers to understand charges and initiate payments. They also help your customers pay your invoices timelier. Here are some commonsense invoice tips to consider.

​The Finman Law Firm in Houston Texas advises on small business legal requirements with skill, knowledge and experience. This article, however, is not intended to be construed as legal advice. It is for informational purposes only, offering insights and awareness into the complex nature of small business law and invoice debt collection. Speaking with an experienced attorney is an advisable way to make sure your rights are safeguarded. You can contact us here.

​You found the business that seems to be a great fit for you.  Congratulations!  You have taken the first step toward business ownership.  We get that you worked to seek, find and mull over your business opportunity.  But besides the price there is a lot to consider when negotiating to buy a small business.  

​Buying a small business isn’t a small matter.  Even when you know you want to buy one, there are other deliberations to make.  If you have questions about any part of the process, you should protect yourself by consulting an experienced lawyer.  Large businesses have their own legal team on staff, but you don’t have to go it alone if you don’t.  The Finman Law Firm helps Houston area small and mid-sized businesses on various legal matters every day. 
We help in making critical decisions on business purchase, formation and entity choice as well as a multitude of other matters. In fact, the services we provide to small businesses cover the extent of business law requirements. Whether you are considering a business purchase, invoice collections or other, contact The Finman Law Firm for your free consultation.

​Any time two parties must decide on the terms of an agreement, contract negotiation is in play.  It could involve, negotiating to buy a small business, a routine transaction negotiation or anything in between.  The other party will employ tactics to come out ahead in all of these.  It’s smart business practices to have a representative and strategies of your own ready to use.  
Anyone who with access to funds can buy a small business, and they can certainly conduct their own negotiations.  Still, anytime one party wants to buy, the other party is likely to use that desire to out-barter them. Having an objective third party negotiate the transaction eliminates emotion-based, unreasonable purchase details.  

​The Finman Law Firm follows a process when negotiating to buy a small business, from negotiation preparation to closing the transaction.

​Preparation includes becoming familiar with the background of the company for sale. Knowing the true value of a business must involve a look at that businesses standing and performance.  

We’ll review the seller’s terms and conditions line by line until it is clearly understood by both parties.  We’ll then follow up to make sure those terms and conditions are entered into the final agreement.  We verify dates of enactment and repercussions for breach of contract.  Since the devil is in the details, a lawyer who understands the importance of minutiae can save time, frustration and money.   

​A good transaction results when both parties are motivated to execute a fair agreement.  While high pressure can suspend the transaction, the right amount of pressure can bring all parties to the table for completion.  We know the right amount of pressure. 

Concessions seems like a bad word to some.  However, if negotiations appear to reach a stalemate, the right concessions can push the transaction forward.  Ideally, these concessions would benefit the seller, without great cost to you, the buyer.  The sell may then offer their own concessions.  Once the ice is broken, an agreement can be executed.  

Even after all the major issue are worked out, the decision to complete the purchase of a small business is yours.  Negotiators sometimes create a time limit.  They might claim they have a meeting to get to or a plane to catch by a certain time. This is an indication they feel the negotiation time is done.  You can either close the transaction with an acceptable offer, or make an unreasonable offer and walk away.  Either way, the process of negotiating to buy a small business has run its course.
Please note: The following article is not intended as legal advice, but is solely intended for informational purposes only.  To get more information on negotiating to buy a small business and other business law matters, visit our home page at