Legal Question in Business Law in California

Re: Business Contract

If it is important and you want to reduce your chances of litigating over it, hire an attorney. You may contact me if you want my help.

Best,

Daniel Bakondi, Esq.

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.

Re: Business Contract

This is a very common arrangement. Please contact me if I can be of additional assistance!

Re: Business Contract

Hi Glenn,

Our firm regularly handles these matters. Feel free to call me to talk specifics. We have a web-based intranet and can collaborate through there, or by in-person meeting. We also do value-based billing, not hourly so you know what to expect before you sign with us.

Re: Business Contract

If by help you mean you want an experienced attorney to draft it to suit your specs and needs, then feel free to contact me to discuss those needs and the expected costs, which you'll find are reasonable.

If by help you mean you want a form you can fill in, there are numerous web sites that have simple forms you can look at by doing a web search for 'business contract forms' and starting to wade through what comes up. However, unless you know what is important and necessary for your business, and your protection in such agreements, you will be shooting blindly at your target.

Re: Business Contract

A first step here is to decide whether your relationship with the other party is simply a contractual one, as in buyer-seller, owner-contractor, lessor-lessee, etc. type relationships, or whether you intend to go into business together (or even end up unintentionally becoming partners in a general partnership.

Profit-sharing arrangements do not always cause the business activity to become a general partnership, but very often a close working relationship in a profit-making venture with an intention or understanding that profits will be shared will become one. This is true even though the contract between the parties declares "No partnership is created hereby" or words to that effect. It's not what the parties say they intended, it's what they manifestly did, that counts.

The reason for stressing this point is that unless you really want all the risks associated with a partnership business, you should consider whether this venture should be conducted in a non-partnership vehicle such as an LLC or corporation. The lawyer whom you retain to write your contract should also be asked whether a separate business entity ought to be created, or whether you can accomplish your joint goals with "only" a contract.