WHAT WILL THE AUDIENCE LEARN?
- Our audience will learn to identify the necessary business law items they need as a solid foundation upon which to build their company.
EPISODE SUMMARY:
Many business owners and entrepreneurs become so heavily focused on creating their products, goods, or services that they lose sight of the “business law basics”, such as having the necessary agreements, contracts, and business entity formation documents in place as a foundation upon which to build their company’s brand, customer base, and corporate culture.
While it may be tempting to skip these business law steps or to use knock-off online templates and cookie-cutter programs for legal documents, doing so can result in vague, incomplete documents, incorrectly filed entities, and a weak foundation which can potentially leave your business more susceptible to litigation and long-term legal woes.
On tonight’s episode of Employment Law Today, my guest, corporate attorney and business advisor Mitchell Beinhaker, Esq., and I will discuss some of the necessary business law items that you, the business owner/entrepreneur, and/or employer ought to complete as you start or grow your business.
LinkedIn: www.linkedin.com/in/beinhakerlaw
Company Website: www.beinhakerlaw.com
(Linktree) www.linktr.ee/beinhakerlaw
Email: mitch@beinhakerlaw.com
Twitter: mcbesq
EPISODE QUOTE:
Tune in for this informative conversation at TalkRadio.nyc or watch the Facebook Livestream by Clicking Here.
Eric introduces his guest, corporate attorney and business advisor Mitchell Beinhaker. He runs a legal and consulting practice, Beinhaker Law LLC. Mitchell has a background experience with corporate governance, commercial transitions, real estate and estate planning. He also has a podcast called “The Accidental Entrepreneur.” Mitchell says that when he was in law school, he was very interested in estate and business planning. He was also fascinated by tax planning. Mitchell’s father was in the life insurance business and he grew up around his office. In his career, he has worked for different insurance companies like Nationwide. He used to travel around the country and speak to agents, brokers and clients about how to use financial products in the planning process like trust, charitable and business planning. Over the years his transactional business has grown in drafting agreements of different kinds. Eric and Micth talk about an issue where there may be a lack of formal documentation in situations like family owned businesses. It's important to have things documented no matter what. Mitch mentions important agreements depending on the kind of business as well as the method whether electronic, clicked licensing, physical signatures, etc.
Eric and Mitch share a thought that if you're a business and you are hiring employees, looking for vendors and doing a variety of things, it's possible to have some issues and litigation. Mitch makes a point that you can't run your business without proper documentation expecting to avoid certain problems. We are not always going to be neat and perfect. He mentions things you can prevent by having agreements that are drafted. Even if your proprietary information is safe, you can keep in mind about protecting your customers, employees, and records. Mitch discusses a second common mistake he sees business owners may be missing in “business law basics.” He mentions being a big fan of planning. A lot of business owners don't always put things in writing and plan ahead. He says that successful business owners are always reworking their business ideas and it doesn't have to be a ton of writing. It could be one page focusing on company, employees, marketing, and coverage (insurance, cybersecurity). Mitchell also answers a question from the Facebook livestream about whether there is a downside to setting up your business as a legal entity.
Mitch talks about co-authoring a book called Ten Ways to Get Sued by Anyone and Everyone. He goes into how our memory works like with traumatic events. He relates this to his advice on putting things into writing as we don't remember things the same ways as when they occurred and take things in differently. If two people disagree with something, they are both sure what the agreement was, but their memory of it can be different. It's important to put these habits into practice and it shouldn’t be uncomfortable because it's to make sure issues are resolved more smoothly compared to when there are no written agreements and records. Eric and Mitch point out that it’s standard business.
Coming back from the final break, Mitch talks about what makes his work different from other attorneys and advisors. He says that he wants to make sure he is accessible and easy to work with. For small business wonders and younger businesses, he says that there is a section on his website that allows them to purchase basic documents for half of what he normally charges. You fill out a google form and that information merges with the documents which he reviews and sends them back to you with more instructions. At least in this case, an attorney reviewed them compared to getting a document randomly online. Mitch allows himself to get to know a business or clients better. Because of these basics put into practice, it can make their relationship better and allows him to better help them. He also mentions other services he offers. You can visit beinhakerlaw.com, or email Mitch at mitch@beinhakerlaw.com. On his website, you can also set up a free 20 minute consultation. You can also connect with Mitch through Linkedin at Beinhakerlaw and connect to his other social media platforms as well as his podcast.
00:00:55.350 --> 00:01:02.340 Eric Sarver, Esq - Employment Law Today: Good evening, welcome to employment law today i'm your host erick solver i'm an employment law and business law attorney.
00:01:02.730 --> 00:01:11.910 Eric Sarver, Esq - Employment Law Today: And I host this live weekly talk radio show, and this live video broadcast every Tuesday night from 5pm to 6pm Eastern standard time.
00:01:12.240 --> 00:01:21.990 Eric Sarver, Esq - Employment Law Today: Right have guests are discussing those novel and interesting issues and challenges that employers and business owners are facing today during these trying times.
00:01:22.410 --> 00:01:31.440 Eric Sarver, Esq - Employment Law Today: And in that regard i'm happy tonight to welcome our special guest Mitch vinaigrette from fine hacker law Mitch, welcome to the show, please have you on TV.
00:01:31.860 --> 00:01:33.600 Mitch - Beinhaker Law, LLC: Thanks Eric thanks for having me, I appreciate it.
00:01:34.140 --> 00:01:38.310 Eric Sarver, Esq - Employment Law Today: Sure thing, for they looking forward to our discussion tonight with our audience.
00:01:39.510 --> 00:01:51.750 Eric Sarver, Esq - Employment Law Today: Sure, would be to do one for everyone to to listen to you and and folks feel free to comment and if you'd like in the comments section during the show so i'm going to just introduce you image to our audience.
00:01:52.650 --> 00:02:00.210 Eric Sarver, Esq - Employment Law Today: As I mentioned, both my guest tonight is Mitchell see fine hacker is where a corporate attorney and business advisor.
00:02:00.960 --> 00:02:09.780 Eric Sarver, Esq - Employment Law Today: Who runs a solo legal and consulting practice find hacker law llc representing business owners entrepreneurs executives and professionals.
00:02:10.380 --> 00:02:16.620 Eric Sarver, Esq - Employment Law Today: He has extensive experience with corporate governance commercial transactions real estate and estate planning.
00:02:17.280 --> 00:02:27.900 Eric Sarver, Esq - Employment Law Today: As a transactional attorney Mitchell is handled the purchase and sale of multi million dollar businesses, including insurance portfolios, restaurants and even a small chemical company.
00:02:28.470 --> 00:02:39.570 Eric Sarver, Esq - Employment Law Today: He is the creator and host of his own podcast the accidental entrepreneur, where he interviews successful business people and professionals who share their knowledge and help you develop your business.
00:02:39.990 --> 00:02:48.630 Eric Sarver, Esq - Employment Law Today: He has created over 200 episodes impressive and has reached his listeners, as far as Australia Singapore, London and Canada.
00:02:49.110 --> 00:03:01.410 Eric Sarver, Esq - Employment Law Today: Mitchell is a graduate of cornell university and received his law degree from New York law school in New York City, and will you law school, so I think really again really good that you're on the show this evening.
00:03:02.760 --> 00:03:07.650 Mitch - Beinhaker Law, LLC: thanks for having me here, I just want to clarify I didn't go to nyu law, I went to New York lots of different schools so.
00:03:08.100 --> 00:03:09.420 Mitch - Beinhaker Law, LLC: I don't want to waste.
00:03:10.350 --> 00:03:11.880 Eric Sarver, Esq - Employment Law Today: My my apologies there.
00:03:12.840 --> 00:03:13.350 Mitch - Beinhaker Law, LLC: Are internal.
00:03:13.950 --> 00:03:18.360 Eric Sarver, Esq - Employment Law Today: Accurate right very sure, yes, exactly very true when I make sure we're being accurate.
00:03:18.360 --> 00:03:19.650 Eric Sarver, Esq - Employment Law Today: representation of i'm sorry about that.
00:03:19.950 --> 00:03:28.770 Eric Sarver, Esq - Employment Law Today: I read it my mind's eye like your your law school very, very good okay so as it take to get into our topic.
00:03:29.490 --> 00:03:35.370 Eric Sarver, Esq - Employment Law Today: Our topic tonight is called business log basics for entrepreneurs.
00:03:35.760 --> 00:03:44.700 Eric Sarver, Esq - Employment Law Today: And really we're talking about the fact that many business owners and entrepreneurs become so heavily focused on creating their products and goods or services.
00:03:45.060 --> 00:03:59.460 Eric Sarver, Esq - Employment Law Today: That they lose sight of the business law basics, such as having the necessary agreements contracts and business entity information, documents in place as the foundation upon which to build a company's brand their customer base and their corporate culture.
00:04:01.020 --> 00:04:03.450 Eric Sarver, Esq - Employment Law Today: Well, maybe tempting to skip these business law steps.
00:04:04.470 --> 00:04:13.320 Eric Sarver, Esq - Employment Law Today: or to use knockoff online templates and cookie cutter programs legal documents doing so can result in very vague incomplete arguments.
00:04:14.400 --> 00:04:23.310 Eric Sarver, Esq - Employment Law Today: incorrectly filed entities and a weak foundation which can potentially leader business more susceptible to litigation and long term legal was.
00:04:23.850 --> 00:04:42.330 Eric Sarver, Esq - Employment Law Today: So tonight's episode with like a lot today little, and I will discuss some of the necessary business is that you the business owner entrepreneur and or employer or to complete and have, as you start or grow your business, and this is an issue that kind of near and dear to my heart, because.
00:04:43.560 --> 00:04:54.150 Eric Sarver, Esq - Employment Law Today: I fellow business owners or any I practice a lot, and we have some similarities and differences are the commercialization you do a lot of corporate transactional work and certainly great business.
00:04:55.890 --> 00:05:01.710 Eric Sarver, Esq - Employment Law Today: But I think that you know we probably share some similar philosophies around the importance of proactive approaches, you know.
00:05:01.770 --> 00:05:08.670 Mitch - Beinhaker Law, LLC: yeah i'm sure we do yeah are we doing some of the stuff we do overlaps a little bit I do mbas non competes not solicit agreements.
00:05:09.240 --> 00:05:10.620 Mitch - Beinhaker Law, LLC: You know I call it employment law right.
00:05:10.860 --> 00:05:11.580 Mitch - Beinhaker Law, LLC: not really.
00:05:12.030 --> 00:05:13.170 Eric Sarver, Esq - Employment Law Today: Because the stuff that you do.
00:05:13.380 --> 00:05:23.100 Mitch - Beinhaker Law, LLC: When it comes to documenting stuff you handle it when it blows up probably are more in depth stuff but it's you know it definitely in the same universe.
00:05:23.640 --> 00:05:27.300 Eric Sarver, Esq - Employment Law Today: It is yeah we're definitely same same circles and same stratosphere for sure.
00:05:28.170 --> 00:05:35.370 Eric Sarver, Esq - Employment Law Today: You don't miss my my usual first question from any gas come so trip I would kind of look at people going in their fields and their current situation.
00:05:35.940 --> 00:05:46.830 Eric Sarver, Esq - Employment Law Today: Is you could just die tells bit more about yourself mainly like how did your career initially start out and what prompted you to become a business law attorney to open your firm, you know by now.
00:05:49.440 --> 00:06:05.430 Mitch - Beinhaker Law, LLC: While you're going back i've been practicing almost 30 years so when I was in law school I got very interested in a state and business planning on my took a tax course I was fascinated by all the tax planning, you can do using corporations and other kinds of entities and trusts and.
00:06:05.820 --> 00:06:14.310 Mitch - Beinhaker Law, LLC: All kinds of different things and I just became very interested in it, my father has been in the life insurance business for his entire career probably till since the mid 60s.
00:06:14.730 --> 00:06:16.500 Mitch - Beinhaker Law, LLC: And I grew up around his office so.
00:06:16.890 --> 00:06:24.450 Mitch - Beinhaker Law, LLC: I got an interest in using financial products in the process of a state and business planning and I then.
00:06:24.810 --> 00:06:34.320 Mitch - Beinhaker Law, LLC: worked for different insurance companies, I lived in Columbus Ohio for a couple of years working for nationwide in their home office, and he traveled around the country, and he to speak to.
00:06:35.370 --> 00:06:44.790 Mitch - Beinhaker Law, LLC: agents and brokers and clients about basically how to use financial products in the planning process so in trust planning and charitable planning and business planning so.
00:06:45.090 --> 00:06:50.340 Mitch - Beinhaker Law, LLC: As I as I develop those skills, I started doing transactional work I moved back here and.
00:06:51.240 --> 00:06:58.560 Mitch - Beinhaker Law, LLC: 98, I think, with my wife who's my I guess fiance at that point and we got married no, we were married writing we move back and.
00:06:59.370 --> 00:07:11.580 Mitch - Beinhaker Law, LLC: You know I started a practice I was with i've just been a different firms different partnerships and stuff over the years, but by Nicola was started in middle of 2019 when I finally went back solo on my own, but.
00:07:12.150 --> 00:07:13.890 Mitch - Beinhaker Law, LLC: we've always had an interest in drafting.
00:07:14.130 --> 00:07:26.760 Mitch - Beinhaker Law, LLC: And crafting agreements and putting transactional work together, and you know, I have a lot of connections in the in the planning business, so I used to get referrals can you do this person's will oh this person owns a business, they need an operating agreement.
00:07:27.300 --> 00:07:32.250 Mitch - Beinhaker Law, LLC: They need they need to have an entity form the buying a piece of real estate and I would do the commercial work so.
00:07:32.610 --> 00:07:43.530 Mitch - Beinhaker Law, LLC: Over the years, my transactional business has really grown my document drafting business and let's include you know wills and trusts and those documents in there because it's all drafting right it's all pretty much transactional work.
00:07:44.070 --> 00:07:50.820 Mitch - Beinhaker Law, LLC: Right so yeah i've just developed a skill and an interest in to how to draft those kind of agreements of the last 30 years.
00:07:52.050 --> 00:07:59.670 Mitch - Beinhaker Law, LLC: And you know i've become very interested in the failure of business owners.
00:08:00.270 --> 00:08:07.440 Mitch - Beinhaker Law, LLC: To you know not document what they're doing, I mean we're all very especially entrepreneurs right we're all very right brain creative.
00:08:07.800 --> 00:08:18.270 Mitch - Beinhaker Law, LLC: We did things on a handshake we're all excited we're going to do this and that and then something goes wrong and we got no way to prove it, you know one party says they did this, the other party says it did that.
00:08:18.990 --> 00:08:21.600 Mitch - Beinhaker Law, LLC: They both they both believe it.
00:08:22.950 --> 00:08:25.950 Mitch - Beinhaker Law, LLC: yep and and probably in some respects both right.
00:08:26.700 --> 00:08:32.160 Mitch - Beinhaker Law, LLC: and rice and it's what your controversies that you handle on the litigation side are made of so.
00:08:32.430 --> 00:08:40.440 Mitch - Beinhaker Law, LLC: Really, you know I I tried to kind of carry the torch on on that kind of stuff now in terms of you know, putting things in writing and doing it the right way, so.
00:08:42.210 --> 00:08:42.810 Eric Sarver, Esq - Employment Law Today: yeah.
00:08:42.960 --> 00:08:44.280 Eric Sarver, Esq - Employment Law Today: yeah well you know that.
00:08:44.310 --> 00:08:51.030 Eric Sarver, Esq - Employment Law Today: Taking the last part of what you said first Mitch, the lack of having things in writing or lack of sort of formal documentation.
00:08:51.420 --> 00:08:59.280 Eric Sarver, Esq - Employment Law Today: yeah definitely is your business law, of course, as you mentioned, but an employment law for shorts yeah and i've seen a situation where I represent the employer.
00:08:59.700 --> 00:09:08.520 Eric Sarver, Esq - Employment Law Today: and looking to see where are the let's say the performance evaluations, where the progressive discipline morning, where are the witness statements about.
00:09:08.940 --> 00:09:17.130 Eric Sarver, Esq - Employment Law Today: insights that occurred that can be taken out of context and so it's also verbal and memory and discussions that were done over the phone or in person, so.
00:09:18.030 --> 00:09:24.810 Eric Sarver, Esq - Employment Law Today: I to kind of you know, I noticed that I think it said they think well you know we're like a family or a small business and they don't realize that.
00:09:25.050 --> 00:09:28.710 Eric Sarver, Esq - Employment Law Today: Even if you are in business you're sitting down everything documented.
00:09:29.100 --> 00:09:30.720 Eric Sarver, Esq - Employment Law Today: Of course, and people say things out of.
00:09:30.720 --> 00:09:41.640 Mitch - Beinhaker Law, LLC: context in the workplace, all the time, you know you there's probably probably more claims of harassment or that are not in even intended.
00:09:42.180 --> 00:09:43.500 Mitch - Beinhaker Law, LLC: You know the person who.
00:09:43.620 --> 00:09:51.510 Mitch - Beinhaker Law, LLC: was doing the harassing overstepped the line and didn't realize what they were doing or didn't mean it that way, whatever it's kind of irrelevant, but it becomes an issue.
00:09:52.020 --> 00:10:02.700 Mitch - Beinhaker Law, LLC: You know when there's no documentation, or they fire somebody and they said well this person wasn't doing their job they have no way to prove it so yeah I think that when it comes to putting things in writing in the employment situation and very important.
00:10:03.930 --> 00:10:08.040 Eric Sarver, Esq - Employment Law Today: Absolutely, I think, in both of our definitely is very important do that.
00:10:08.070 --> 00:10:15.450 Eric Sarver, Esq - Employment Law Today: yeah For those reasons, and you know kind of going back to what you said about your starts and your origins in your background history with legal field.
00:10:15.900 --> 00:10:23.490 Eric Sarver, Esq - Employment Law Today: it's funny because I have different guests, where I asked them how did you get into your current profession or desire to go into your field and or even just your own practice and.
00:10:23.760 --> 00:10:29.940 Eric Sarver, Esq - Employment Law Today: Some folks have a story where they either, it was a family business for several generations, or maybe they saw a need.
00:10:30.240 --> 00:10:34.800 Eric Sarver, Esq - Employment Law Today: You know, they were in the medical field, because they are currently owns a trial, but other times it's just you know.
00:10:35.220 --> 00:10:43.260 Eric Sarver, Esq - Employment Law Today: A genuine interest in the different sort of the subject matter right the content, you know the substance of skills involved in crafting like writing different.
00:10:43.680 --> 00:10:54.210 Eric Sarver, Esq - Employment Law Today: areas in terms of contracts and finance and transactions is the planning so it's kind of interesting I tend to I always thought thought employment low level overview fascinating field.
00:10:55.080 --> 00:11:03.150 Eric Sarver, Esq - Employment Law Today: Even before law school in god's law school took them to realize they were actually my my cup of tea, so to speak, but good to hear your background and your process and getting to where you're at today.
00:11:03.360 --> 00:11:06.690 Mitch - Beinhaker Law, LLC: yeah absolutely it wasn't like some Epiphany I had an experience the.
00:11:06.690 --> 00:11:08.490 Mitch - Beinhaker Law, LLC: Experience i've had have been.
00:11:09.420 --> 00:11:21.690 Mitch - Beinhaker Law, LLC: Throughout my practice that kind of reinforced, you know what I do and its importance, because you know just like you said we come into situations afterward maybe you weren't the original lawyer and I wasn't the original lawyer and there's a.
00:11:21.690 --> 00:11:22.560 Eric Sarver, Esq - Employment Law Today: controversy or.
00:11:23.010 --> 00:11:32.310 Mitch - Beinhaker Law, LLC: dispute between two parties that tried to document it themselves that a very poor job of it and you're trying to make a case out of something that's a mess.
00:11:32.790 --> 00:11:38.970 Mitch - Beinhaker Law, LLC: yeah those are not you know those are ones that cost a lot of money and have a lot of fight involved with them and aren't.
00:11:39.000 --> 00:11:39.690 Mitch - Beinhaker Law, LLC: easy to.
00:11:40.260 --> 00:11:43.680 Mitch - Beinhaker Law, LLC: You know, to settle so you know just seen time after time.
00:11:44.340 --> 00:11:49.860 Eric Sarver, Esq - Employment Law Today: Absolutely absolutely you know it's funny you bring me to a question if you're wondering my and they said, what is our next question and what should be.
00:11:50.250 --> 00:11:59.700 Eric Sarver, Esq - Employment Law Today: What are the most common mistakes, you lose one of them is now, but what are the most common mistakes that you see in business owners when it comes to protecting the business law basics of their company.
00:11:59.940 --> 00:12:02.340 Eric Sarver, Esq - Employment Law Today: and in what ways can these mistakes be problematic.
00:12:02.910 --> 00:12:19.290 Mitch - Beinhaker Law, LLC: Right right well, I mean when it comes to documenting so there's a couple of basic agreements that probably most business owners have should have Okay, if you are a solo printer you have an llc maybe you're the only Member you probably don't need an operating agreement.
00:12:19.650 --> 00:12:22.770 Mitch - Beinhaker Law, LLC: Only you and I could probably make an argument why you do need an operating agreement, because there are.
00:12:23.520 --> 00:12:30.270 Mitch - Beinhaker Law, LLC: Rules that right, but you probably could get away with it for a while, without spending 2500 or 30 $500 getting an operating agreement.
00:12:31.110 --> 00:12:40.560 Mitch - Beinhaker Law, LLC: If you don't have partners if you have a partner, you have to have an agreement, because at the end of the day, it's that document that sets the rules up for how you run the business who's responsible for what, so.
00:12:41.220 --> 00:12:47.100 Mitch - Beinhaker Law, LLC: Then you have to have agreements that you do business with right, so you have to have a customer agreements.
00:12:47.370 --> 00:12:55.500 Mitch - Beinhaker Law, LLC: You have to have vendor agreements now, some of them are in certain businesses it's more difficult to use written signed contract, some people have.
00:12:55.860 --> 00:13:05.070 Mitch - Beinhaker Law, LLC: click licensing when they you know enroll on your website and some of them are more obviously you're not going to sign a contract every time you make a purchase in a grocery store right so so if i'm.
00:13:05.400 --> 00:13:14.880 Mitch - Beinhaker Law, LLC: Right so it's a little it's a little bit of a different scenario, but if you're in some sort of a business where you have a transaction that is more that needs to be more documented.
00:13:15.240 --> 00:13:24.210 Mitch - Beinhaker Law, LLC: or or is required by law and if you're in home improvement right has to be in writing there's certain statute of frauds that require writings so.
00:13:24.840 --> 00:13:33.630 Mitch - Beinhaker Law, LLC: You have to kind of get your documents in order and and, very often, and I think you and I talked about this offline when we were planning to show.
00:13:34.770 --> 00:13:39.120 Mitch - Beinhaker Law, LLC: People either go to a do it yourself website like I mentioned them zoom rod.
00:13:39.630 --> 00:13:42.120 Mitch - Beinhaker Law, LLC: Legal zoom rocket lawyer right where you.
00:13:42.120 --> 00:13:43.980 Mitch - Beinhaker Law, LLC: know I gotta deal with it, you do to.
00:13:45.120 --> 00:13:49.290 Mitch - Beinhaker Law, LLC: get these agreements and, ironically don't usually save that much money.
00:13:50.130 --> 00:14:00.480 Mitch - Beinhaker Law, LLC: No, I had something somebody recently get an llc set up and rot and I think was legals number one of the to charge them to get a tax ID number and I tried to explain to them that those are free.
00:14:00.870 --> 00:14:02.370 Eric Sarver, Esq - Employment Law Today: From the federal government couldn't.
00:14:02.370 --> 00:14:03.030 Mitch - Beinhaker Law, LLC: believe so.
00:14:03.480 --> 00:14:11.610 Mitch - Beinhaker Law, LLC: yeah so it's really not they're not saving a lot of money and they're potentially causing a lot of problems, so the biggest part of agreements it's pretty obvious if you're drafting your own agreement.
00:14:11.880 --> 00:14:13.830 Mitch - Beinhaker Law, LLC: What are your attention of the parties so.
00:14:13.830 --> 00:14:19.530 Mitch - Beinhaker Law, LLC: You and I could go back and forth if we're late people and kind of write out what our agreements, going to be now.
00:14:19.710 --> 00:14:26.730 Mitch - Beinhaker Law, LLC: People don't always differentiate between the llc and themselves we don't define terms and they're just throwing words out there yeah.
00:14:26.970 --> 00:14:27.840 Mitch - Beinhaker Law, LLC: Okay, so that's better.
00:14:28.980 --> 00:14:35.730 Mitch - Beinhaker Law, LLC: yeah and they say you're like well what's the venture what's the partnership, what does this mean what does that mean because that's what the litigation is made of right.
00:14:36.000 --> 00:14:36.210 Eric Sarver, Esq - Employment Law Today: That.
00:14:36.270 --> 00:14:48.090 Mitch - Beinhaker Law, LLC: When people are trying to understand terms there's ambiguities judges have to make decisions, the other side of it is very often left out, which is the What if we don't agree on something What if we dispute something.
00:14:48.090 --> 00:14:54.180 Mitch - Beinhaker Law, LLC: What if we're one person doesn't do their job follows part of the agreement, what what's the resolution.
00:14:54.630 --> 00:15:04.620 Mitch - Beinhaker Law, LLC: To those disputes and that's usually where these agreements fall apart, they don't have the other side of the agreement, because you and I both know that that's really another reason you need the agreement.
00:15:04.890 --> 00:15:08.040 Mitch - Beinhaker Law, LLC: If everything works out and everybody's happy we don't need anything in writing.
00:15:09.480 --> 00:15:15.570 Mitch - Beinhaker Law, LLC: Leave that out yeah exactly so you I get involved in a situation or you get involved in a situation and the first.
00:15:15.570 --> 00:15:21.540 Mitch - Beinhaker Law, LLC: thing to do as well, show me what the agreement says, does it call for arbitration or mediation, or what is it call for.
00:15:21.750 --> 00:15:24.090 Mitch - Beinhaker Law, LLC: And they go well, we don't have we have some text.
00:15:24.090 --> 00:15:25.470 Mitch - Beinhaker Law, LLC: messages and an email.
00:15:25.800 --> 00:15:27.090 Mitch - Beinhaker Law, LLC: Well that's going to help you.
00:15:27.360 --> 00:15:33.390 Mitch - Beinhaker Law, LLC: So that is a huge deficit when it comes to these agreements, how do you resolve disputes with your customers.
00:15:33.750 --> 00:15:38.580 Mitch - Beinhaker Law, LLC: And ultimately, avoid litigation which you and I both know can be very costly and can break.
00:15:38.880 --> 00:15:40.860 Mitch - Beinhaker Law, LLC: and destroy some businesses right.
00:15:42.330 --> 00:15:48.810 Mitch - Beinhaker Law, LLC: To set it up almost like a prenuptial agreement for businesses where you're setting up the rules if we were to get divorced.
00:15:49.140 --> 00:15:50.400 Mitch - Beinhaker Law, LLC: If we're going to break up.
00:15:50.790 --> 00:16:02.310 Mitch - Beinhaker Law, LLC: I don't want to have to go to you Eric or another attorney to file a petition action in court right to get a judge to to basically dissolve the business they're not going to decide, you get half and the other they're going to dissolve the business.
00:16:02.310 --> 00:16:04.800 Mitch - Beinhaker Law, LLC: Ultimately addition action and.
00:16:04.950 --> 00:16:16.320 Mitch - Beinhaker Law, LLC: Just spend a lot of money right and it's just detrimental to the business that's not the point so if you're going in and you're starting a business you're excited about it put it in writing do it when you remember everything and you're all in agreement.
00:16:16.650 --> 00:16:18.630 Mitch - Beinhaker Law, LLC: You both have counsel, of course.
00:16:18.900 --> 00:16:28.650 Mitch - Beinhaker Law, LLC: Make your terms are defined it's clear to read it has certain kind of provisions that you and I both know general provisions that are left out, and it has a dispute mechanism, maybe you've.
00:16:28.830 --> 00:16:30.060 Mitch - Beinhaker Law, LLC: tried amicable be settled.
00:16:30.120 --> 00:16:44.520 Mitch - Beinhaker Law, LLC: amicably settlement, then you go to non binding mediation and then maybe you go to arbitration or maybe you don't or whatever, but that is the the biggest part that's missing when it comes to the mistakes that business owners make i'll get into some more than as we talk, but.
00:16:45.030 --> 00:16:52.530 Eric Sarver, Esq - Employment Law Today: Absolutely, and including for choice TV, where do you live to get a dispute in court, you know we've got more to say on this we actually have to take our first commercial break.
00:16:52.950 --> 00:16:57.390 Eric Sarver, Esq - Employment Law Today: But I will say how refreshing is talk to fellow turning your preaching to the choir Mitch i'm.
00:16:57.720 --> 00:16:59.310 Eric Sarver, Esq - Employment Law Today: right there with you, I think you're saying I.
00:16:59.940 --> 00:17:03.060 Mitch - Beinhaker Law, LLC: don't want to put you out of business, or you get money out of obligation so.
00:17:03.570 --> 00:17:03.810 that's.
00:17:05.550 --> 00:17:06.030 Eric Sarver, Esq - Employment Law Today: compliant.
00:17:08.190 --> 00:17:10.830 Eric Sarver, Esq - Employment Law Today: There will be those that but you know what our audience can take a lot from this to.
00:17:10.830 --> 00:17:18.060 Eric Sarver, Esq - Employment Law Today: My hope is that they won't have litigation from watching the show the show so folks listening to or watching your appointment today.
00:17:18.390 --> 00:17:30.870 Eric Sarver, Esq - Employment Law Today: With our special guest tonight Mitch finance hacker by law when we come back we'll talk more about some of the business basics that you need to make the company successful and to reduce the risk of litigation so stay tuned we'll be right back.
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00:19:45.510 --> 00:19:48.180 Eric Sarver, Esq - Employment Law Today: Welcome back folks welcome back to plan a lot today.
00:19:49.980 --> 00:19:57.990 Eric Sarver, Esq - Employment Law Today: employment law attorney here tonight with finance a lot doesn't bother me and Mitch, is a couple of things here is probably.
00:19:58.380 --> 00:20:06.990 Eric Sarver, Esq - Employment Law Today: Go back to this question, I think it's a great question are talking about a first off this again is music to my ears if I say to hear that people kind of echoing you're.
00:20:07.860 --> 00:20:21.570 Eric Sarver, Esq - Employment Law Today: sharing it from their respective maybe that's just the Attorney and me, for all these years that that see is because I see clients who make the mistakes that you're talking about like a see once they come to me, and they didn't have an alternative dispute resolution clause.
00:20:23.160 --> 00:20:32.430 Eric Sarver, Esq - Employment Law Today: In place so or they don't they say this certain state we're a dispute will be litigated if those before so So while we work in Florida i'm in Florida.
00:20:32.910 --> 00:20:41.850 Eric Sarver, Esq - Employment Law Today: Florida here in New York, but you want to litigate in Florida, and the person you're saying I can't afford you know to write the Florida and stay there for two minutes.
00:20:42.900 --> 00:20:43.140 Eric Sarver, Esq - Employment Law Today: So.
00:20:45.510 --> 00:20:53.670 Eric Sarver, Esq - Employment Law Today: yeah so you know I think really good point there, of course, another point you mean that the overarching theme, about the need to have contracts in places like it's a good point that.
00:20:54.210 --> 00:21:01.710 Eric Sarver, Esq - Employment Law Today: When everything ready to go perfectly smooth and rights and fine, then the contract might not really be relevant if everyone always have meetings with.
00:21:04.740 --> 00:21:09.960 Eric Sarver, Esq - Employment Law Today: The way they see it's like it's kind of like analogy or metaphor for will have you know, having health insurance, if you have.
00:21:10.740 --> 00:21:17.010 Eric Sarver, Esq - Employment Law Today: anybody, but if you'd never get sick a day in the life and they get injured ever break go to the doctor.
00:21:17.700 --> 00:21:31.740 Eric Sarver, Esq - Employment Law Today: Right exactly was just it was perfect, but the chances of That being the case, just living your day to day life is rare and something if you have insurance plan you know, most of our time, I think, getting surgery or a broken arm.
00:21:31.860 --> 00:21:42.660 Eric Sarver, Esq - Employment Law Today: Correct you know cheaper than having to do it just on a particular, so I think that if somebody is I think that's an analogy, I would say that there's you don't make a mistake, you know you have a contract in place and now you're.
00:21:42.660 --> 00:21:44.670 Eric Sarver, Esq - Employment Law Today: litigating what could be resolved.
00:21:45.990 --> 00:21:53.550 Mitch - Beinhaker Law, LLC: yeah I think they were analogy is a very good one, there, there is no question that if you're a business owner and you're out there and you're active.
00:21:53.580 --> 00:21:59.280 Mitch - Beinhaker Law, LLC: you're looking for business and you're you're you're hiring employees and you're dealing with vendors and you got customers coming through the door.
00:21:59.610 --> 00:22:08.280 Mitch - Beinhaker Law, LLC: it's just a matter of time that you have a misunderstanding or dispute or a disgruntled employee or you know somebody files an email claim or whatever it happens to be.
00:22:08.970 --> 00:22:19.830 Mitch - Beinhaker Law, LLC: it's not a question of if it's just a question of when you know i've had clients get into the real estate business they're like I don't have any problems with my tenants, and we don't need to do evictions I go alright well just give it some time and sure enough.
00:22:19.860 --> 00:22:26.670 Mitch - Beinhaker Law, LLC: down the road six months, four months later, they call me I got a problem we got to evict a tenant, then you know it happens so you can't.
00:22:26.910 --> 00:22:38.430 Mitch - Beinhaker Law, LLC: Just like health insurance right you can't run your business without proper documentation expecting to avoid the problems that every other business in America has it just the nature of doing business right it's the nature of.
00:22:38.430 --> 00:22:43.860 Mitch - Beinhaker Law, LLC: People it's the nature of the way your mind works our minds tend to favor each other but we're not.
00:22:44.160 --> 00:22:49.350 Mitch - Beinhaker Law, LLC: Like perfect machines that file things very neatly in our heads and we just pull it out anytime.
00:22:49.590 --> 00:23:01.830 Mitch - Beinhaker Law, LLC: Well, like a big box with sticky notes and everything stuck two different things you're sure that you were here on this day and you and I met and we talked about this, and maybe we were both wrong yeah you know there's been studies and all this stuff so and which is a.
00:23:01.890 --> 00:23:14.370 Mitch - Beinhaker Law, LLC: big problem in the employment law situation, because if you don't have things documented there misunderstood you have one person says this the other person said he said this, the other person's you know honestly they're like I don't remember saying that.
00:23:14.580 --> 00:23:17.400 Mitch - Beinhaker Law, LLC: And this is why I heard them say that, but they didn't say it like this.
00:23:17.910 --> 00:23:25.800 Mitch - Beinhaker Law, LLC: Right well, he said she said and becomes a very big problem, so I tried to get business owners, even on the employment side as they start to hire people right.
00:23:26.310 --> 00:23:27.360 Mitch - Beinhaker Law, LLC: Right to.
00:23:27.630 --> 00:23:36.690 Mitch - Beinhaker Law, LLC: You know, to document things to you know, maybe you don't have to worry about an employee's stealing your proprietary information because maybe you don't really have proprietary information.
00:23:36.900 --> 00:23:41.430 Mitch - Beinhaker Law, LLC: And they they really can't prevent them from ever having a job if they leave your company.
00:23:41.730 --> 00:23:44.670 Mitch - Beinhaker Law, LLC: So it can prevent them from stealing your customers.
00:23:44.910 --> 00:23:53.520 Mitch - Beinhaker Law, LLC: stealing your employees taking your books and records, so you got to have them, you know sign a basic agreement so at least when something like that happens, and they go to you.
00:23:53.760 --> 00:23:59.580 Mitch - Beinhaker Law, LLC: After I drafted that agreement, you have something to say hey you send them a cease and desist and you can go to court with it.
00:24:00.420 --> 00:24:10.290 Mitch - Beinhaker Law, LLC: yeah sometimes it's too, they do it after the fact, and it becomes a problem, I mean maybe not for the other employees, but for the one took all the customers, good luck, you know.
00:24:10.710 --> 00:24:17.880 Eric Sarver, Esq - Employment Law Today: Right right a habit you that happened with two former client businesses, you know one I drafted a contract, for they have that, as your.
00:24:18.300 --> 00:24:32.580 Eric Sarver, Esq - Employment Law Today: Non solicitation close right don't push my clients my customers employees and you know, with all the proper writing that I put in there for them so that, when they actually did have to sue somebody did quit and did take their clients and steal some intellectual property as well.
00:24:34.080 --> 00:24:41.040 Eric Sarver, Esq - Employment Law Today: we're able to you know, to really read and gets the question down, which is another client that came to their own documents and they did not want to.
00:24:42.030 --> 00:24:51.810 Eric Sarver, Esq - Employment Law Today: revise them, he said, well that's not a problem gets out later I heard you do xyz for me, so I took care of X, Y Z is Labor law department Labor issue right and then sure enough.
00:24:52.140 --> 00:24:59.910 Eric Sarver, Esq - Employment Law Today: Employee left to their their clients with them, but they had only a very bare bones basic reference to they don't take my clients.
00:25:00.300 --> 00:25:09.270 Eric Sarver, Esq - Employment Law Today: From the template offline offline didn't have the right definition with clients on the scope The turnaround time, so it really wasn't a forcible and there's not much we can do that it so.
00:25:09.660 --> 00:25:17.100 Eric Sarver, Esq - Employment Law Today: And I if I really hear a lot about this, I can't i'm hearing you say, one of the most common mistakes, you see it's just the lack of failure documented formal contracts and.
00:25:17.640 --> 00:25:24.960 Eric Sarver, Esq - Employment Law Today: Right and i'm wondering, maybe like a second most common mistake that you've seen, perhaps with business owners when it comes to the business basics missing.
00:25:25.350 --> 00:25:37.440 Mitch - Beinhaker Law, LLC: Oh yeah there's no question about it and i'm a big fan of planning, so a lot of business owners, they don't plan things out they're not strategic about it and they don't put it in writing, obviously the seam is putting things in writing all over the place, with.
00:25:37.440 --> 00:25:39.390 Mitch - Beinhaker Law, LLC: This discussion, but yeah.
00:25:39.660 --> 00:25:49.530 Mitch - Beinhaker Law, LLC: But they so the successful business owners that i've that i've worked for that i've interviewed on my podcast that I know and follow online or whatever.
00:25:49.830 --> 00:25:55.920 Mitch - Beinhaker Law, LLC: They are constantly reworking their business ideas and they don't do it, you know in their head.
00:25:56.340 --> 00:26:02.130 Mitch - Beinhaker Law, LLC: And it doesn't have to be a 40 page document with charts and graphs and everything like that it could be a one page, you know.
00:26:02.790 --> 00:26:10.080 Mitch - Beinhaker Law, LLC: If you have ever seen the lean canvas it's like a one page to page thing we're in boxes, where you just at least start out, you know, focusing on.
00:26:10.500 --> 00:26:17.790 Mitch - Beinhaker Law, LLC: Your company and product, the employees the marketing and the financial side right, so you can start with those four things and.
00:26:18.450 --> 00:26:31.830 Mitch - Beinhaker Law, LLC: I constantly find business owners that are in trouble financially the businesses in trouble, whatever it is, and the first thing you say to them well, what does your business plan, say, and they look at me like well what would it, what do I need that for i'm not raising money i'm.
00:26:32.010 --> 00:26:33.570 Eric Sarver, Esq - Employment Law Today: Not a franchise I didn't have.
00:26:33.840 --> 00:26:45.390 Mitch - Beinhaker Law, LLC: A business plan and it's a very, very, very common mistake and and it it it sometimes very often the difference between success and failure because they don't even know what's wrong with the business.
00:26:45.720 --> 00:26:46.770 Mitch - Beinhaker Law, LLC: Were struggling.
00:26:46.920 --> 00:26:56.010 Mitch - Beinhaker Law, LLC: And and that's that's a very common mistake that can be fixed pretty easily you know we don't have to go and pull down some Harvard Business law Business School plan.
00:26:56.460 --> 00:27:04.500 Mitch - Beinhaker Law, LLC: Right, you can do some basics and it's a working document anyway, you got to change it, you got to use it go back to it, what works what doesn't work, just like any marketing thing you do just.
00:27:04.770 --> 00:27:07.920 Mitch - Beinhaker Law, LLC: You tested, you know, maybe, and you know you and I both know the.
00:27:08.070 --> 00:27:09.090 Mitch - Beinhaker Law, LLC: Agreements that you draft an.
00:27:09.090 --> 00:27:11.640 Mitch - Beinhaker Law, LLC: Employee now is going to change the law will change.
00:27:12.090 --> 00:27:13.230 Mitch - Beinhaker Law, LLC: Language will change.
00:27:13.590 --> 00:27:23.400 Mitch - Beinhaker Law, LLC: You may want to clear something up because there was an an ambiguity that you didn't realize when the employee brought up some issue you're like you know I never really thought about that and we change the agreements going forward they're not static.
00:27:23.790 --> 00:27:34.440 Mitch - Beinhaker Law, LLC: that's a very common mistake that business owners make so if anybody's listening and you have a business and you're operating write a business plan go home tonight and start to write your business plan.
00:27:35.220 --> 00:27:37.500 Mitch - Beinhaker Law, LLC: efficiencies are going offline right.
00:27:37.620 --> 00:27:37.920 yeah.
00:27:39.240 --> 00:27:46.950 Eric Sarver, Esq - Employment Law Today: yeah take appointments you know I think that's where like what you and I do effectively with these sort of business advising comes into play, and last year.
00:27:47.400 --> 00:27:54.870 Eric Sarver, Esq - Employment Law Today: As well as business legal counsel right, so they grow a business advisor the business plan that you mentioned, where people have a sense of.
00:27:55.230 --> 00:28:04.020 Eric Sarver, Esq - Employment Law Today: If you don't know sort of what your markers are your goals you know your touchstones etc right part to know if you're a sort of going to drift it's like if you don't have a map with directions is.
00:28:05.430 --> 00:28:05.820 Eric Sarver, Esq - Employment Law Today: writing.
00:28:05.850 --> 00:28:11.400 Mitch - Beinhaker Law, LLC: Trying to spin the wheel nomad rodin right he can't he can't deal with things like a pandemic, when you.
00:28:12.240 --> 00:28:16.500 Mitch - Beinhaker Law, LLC: get a resilient if you don't know what road you're on and what your business looks like and how you can pivot.
00:28:16.740 --> 00:28:19.830 Mitch - Beinhaker Law, LLC: You know a lot of people got crushed during the pandemic because of it.
00:28:20.820 --> 00:28:32.190 Eric Sarver, Esq - Employment Law Today: Right exactly you know you mentioned entrepreneur that know us to have your your traffic podcast cx and entrepreneur and stuff and it's like I think a lot of them because of their passion and energy and creativity there.
00:28:32.700 --> 00:28:40.410 Eric Sarver, Esq - Employment Law Today: tend to be very energetic folks that you may i'm sure, but they have a drive to move, you know to be going through that steps doing things and I think for some of them.
00:28:40.950 --> 00:28:52.440 Eric Sarver, Esq - Employment Law Today: I noticed when it comes like sitting down and writing and planning it's like almost like I see a certain restaurants and it's, like the other words they might think, well, I should be working not yet with it after understand is that.
00:28:53.700 --> 00:28:58.200 Eric Sarver, Esq - Employment Law Today: You know, taking time to hire an attorney such as yourself to draft contracts and then to look over those contracts.
00:28:58.560 --> 00:29:05.640 Eric Sarver, Esq - Employment Law Today: taking time to be part of the process taking time to write a business plan you know it's like sort of is basically getting everything set up getting you know the.
00:29:05.910 --> 00:29:11.760 Eric Sarver, Esq - Employment Law Today: map out back in the old days are ways perhaps plugging in a destination and making sure you know your car is all set and.
00:29:12.120 --> 00:29:18.600 Eric Sarver, Esq - Employment Law Today: Gas in the tank before you just jump in and drive say okay we're going to stay on track and just hit the gas and flooded, you know.
00:29:18.990 --> 00:29:32.220 Eric Sarver, Esq - Employment Law Today: So I think that's a really good point I think those are two and if you may be mentioned there's arguably three common mistakes that their business owners make, and the reason they're problematic because it leads possible misunderstandings litigation and so forth, so.
00:29:32.550 --> 00:29:32.820 Eric Sarver, Esq - Employment Law Today: You know.
00:29:32.910 --> 00:29:34.860 Eric Sarver, Esq - Employment Law Today: really good to have that part of our discussion.
00:29:35.700 --> 00:29:45.180 Eric Sarver, Esq - Employment Law Today: yeah absolutely you know it kind of like these between be a similar sort of flip side of the coin that question like we're talking about some of the business law.
00:29:45.600 --> 00:29:55.080 Eric Sarver, Esq - Employment Law Today: Mistakes people are missing the basics are missing, and so I know you mentioned my contract, I agree with you are a key business or basic and haven't you know, had time in.
00:29:55.530 --> 00:30:04.620 Eric Sarver, Esq - Employment Law Today: Your possession of the company, so what are some key what are some other key business basics that you believe a company needs to have in place in order to thrive and prosper.
00:30:05.910 --> 00:30:06.990 Mitch - Beinhaker Law, LLC: On the legal side, or just.
00:30:07.350 --> 00:30:15.180 Eric Sarver, Esq - Employment Law Today: In general, I would say, legal, but also business for respective business wise like maybe started with legal and say we talked about.
00:30:15.660 --> 00:30:16.650 Eric Sarver, Esq - Employment Law Today: So yeah.
00:30:17.460 --> 00:30:23.160 Mitch - Beinhaker Law, LLC: They should be set up, and I see there was a question that came in from lance who is actually a friend of mine, it was all my.
00:30:23.670 --> 00:30:25.500 Eric Sarver, Esq - Employment Law Today: Friends, yes, sir.
00:30:25.590 --> 00:30:26.010 Mitch - Beinhaker Law, LLC: and
00:30:26.100 --> 00:30:37.620 Mitch - Beinhaker Law, LLC: You know about setting up your businesses and entity it's really not a very good idea to operate as a sole proprietor especially nowadays with you know the litigious society and risks and things like that so.
00:30:38.430 --> 00:30:47.610 Mitch - Beinhaker Law, LLC: You know, even if you're a solo printer and you set up an llc online, and you can do it for you know 230 bucks to file it in the State of New Jersey and you don't need an operating room at least you have some protection.
00:30:47.850 --> 00:30:54.330 Mitch - Beinhaker Law, LLC: to know there's there's a there's a wall and a dichotomy between you as a person, and the business as a separate entity.
00:30:54.660 --> 00:31:00.510 Mitch - Beinhaker Law, LLC: Also, probably a little bit better from a tax planning standpoint keep track of expenses lodges hard to deduct.
00:31:00.780 --> 00:31:07.200 Mitch - Beinhaker Law, LLC: As a sole proprietor so lance asked the question, is there a downside to sending me business legal entity know there's the opposite.
00:31:07.590 --> 00:31:16.560 Mitch - Beinhaker Law, LLC: there's a downside to not setting up your business, so I have met some people who kind of started out with a friend in business, and it was more of a hobby and they were I don't know baking something or making something or.
00:31:16.560 --> 00:31:21.600 Mitch - Beinhaker Law, LLC: crafts and you know they got to the point where it became a real business and they had to start operating so.
00:31:21.930 --> 00:31:31.650 Mitch - Beinhaker Law, LLC: At that point, you got to form an llc and you do have to have a separate tax ID number you gotta set up a new bank again new books and records and follow the formalities of actually having a business, if you.
00:31:31.830 --> 00:31:43.740 Mitch - Beinhaker Law, LLC: Right basically set up an llc and use it as your personal bank account pay all your expenses out of there you probably don't have a lot of legal protection, either so don't make sure you separate the two of those but a big part of that is, if you.
00:31:45.930 --> 00:31:49.440 Mitch - Beinhaker Law, LLC: If you're setting up an entity and you're not following the rules.
00:31:50.010 --> 00:32:05.760 Mitch - Beinhaker Law, LLC: um you can what's the word, you can you can really put yourself in a vulnerable position from a liability standpoint, so one of the other things that I try and get business owners to do it's kind of legal and kind of risk and now you know, risk management.
00:32:06.120 --> 00:32:10.740 Mitch - Beinhaker Law, LLC: is to get insurance like people don't think about that unless.
00:32:10.740 --> 00:32:26.310 Mitch - Beinhaker Law, LLC: they buy a car or you know you need a basic business owners policy, and you know you and I are not insurance agents are up in the in the business and I had a lot of this stuff for clients, but i'm i'm not a licensed agent you're not licensed agent, so I preface with those comments, but.
00:32:26.370 --> 00:32:26.610 Eric Sarver, Esq - Employment Law Today: sure.
00:32:26.640 --> 00:32:37.140 Mitch - Beinhaker Law, LLC: You get a basic business owners policy, you know if you own your building or whatever you make sure your contents are covered, you make sure you have proper riders in place you maybe you have employment practices liability.
00:32:37.170 --> 00:32:40.620 Mitch - Beinhaker Law, LLC: If you have employees, you know, because it will be too late.
00:32:40.650 --> 00:32:53.520 Mitch - Beinhaker Law, LLC: If something happens later on their cyber security coverage, because people can ask your computer things that you don't think about that happen and boom you don't have any coverage, so you can't and sometimes when you're just starting in your small they're not very expensive.
00:32:53.880 --> 00:32:59.160 Mitch - Beinhaker Law, LLC: Some of these policies have cyber security riders and I don't know if they have a lie riders, but if you only have one or two.
00:32:59.160 --> 00:33:02.310 Mitch - Beinhaker Law, LLC: Employees you probably can sneak your way by but you'll tell them no.
00:33:02.640 --> 00:33:03.120 Eric Sarver, Esq - Employment Law Today: and
00:33:04.050 --> 00:33:10.920 Mitch - Beinhaker Law, LLC: You put that basic stuff in place for 1500 dollars a month, whatever to know just like you said, if something were to happen, it will wipe you out.
00:33:13.170 --> 00:33:20.370 Mitch - Beinhaker Law, LLC: You know so that's probably another thing and a piece of advice that I would give people when it comes to getting set up and started, you know don't overlook those things.
00:33:21.360 --> 00:33:26.550 Eric Sarver, Esq - Employment Law Today: Absolutely 100% with you there I mentioned last, thank you for raising that question is really good one that.
00:33:27.180 --> 00:33:32.130 Eric Sarver, Esq - Employment Law Today: I must have missed that in the chat, but I see it now, you know, and of course to piggyback on what Mitch was saying.
00:33:32.370 --> 00:33:40.050 Eric Sarver, Esq - Employment Law Today: There are different types of entities that one can set up, based upon the businesses goals and, for example, if you're looking to raise seed money and maybe get investors.
00:33:40.410 --> 00:33:53.580 Eric Sarver, Esq - Employment Law Today: melon export becoming a C corp or maybe an llc with the Multi tiered membership units, there are llc or s corpse or C corpse and I find that attorneys and accountants also will weigh in on which might be most advantageous tax wise.
00:33:53.760 --> 00:33:54.780 Eric Sarver, Esq - Employment Law Today: But the initial point.
00:33:55.020 --> 00:34:07.770 Eric Sarver, Esq - Employment Law Today: Right and to myrtle which is point the llc one thing we're an inker llc you are protecting yourself from our ability, of course, if you're a professional for your dentist or a doctor or a lawyer, have to be careful because you can stop us from my practice.
00:34:08.070 --> 00:34:09.600 Eric Sarver, Esq - Employment Law Today: But if you have a vendor dispute.
00:34:09.810 --> 00:34:15.810 Eric Sarver, Esq - Employment Law Today: Right or espn or intellectual property at your llc owns you don't want to be independent individually liable so that's an.
00:34:16.710 --> 00:34:23.520 Eric Sarver, Esq - Employment Law Today: Excellent point and, if I can add another point to this, which is like you know Mitch, and I were talking before for those tuning and now about.
00:34:23.880 --> 00:34:31.320 Eric Sarver, Esq - Employment Law Today: There are legal liability issues like you know minimizing risk, but also some from sort of enhancing our businesses value.
00:34:31.920 --> 00:34:38.010 Eric Sarver, Esq - Employment Law Today: I see a lot of minority owned businesses where they're looking for certain grants that women owned business minority owned businesses.
00:34:38.610 --> 00:34:45.600 Eric Sarver, Esq - Employment Law Today: And a lot of times they will look to see that you know if you're applying for that type of grant that you have all your ducks in a row in terms of a front.
00:34:45.600 --> 00:34:48.600 Eric Sarver, Esq - Employment Law Today: row seat right you're part of an organization not bringing everything.
00:34:48.720 --> 00:34:52.350 Mitch - Beinhaker Law, LLC: Published you know biologically and operating agreement right absolutely yeah.
00:34:52.530 --> 00:35:02.010 Eric Sarver, Esq - Employment Law Today: Right, so it could even be beneficial in terms of like hey you know you know, maybe you're listening to your own business or minority owned business want to take advantage of those you know those wonderful.
00:35:02.100 --> 00:35:07.950 Mitch - Beinhaker Law, LLC: Right and for some of those grant programs, you and I both know you're not just a woman on business, because its own 51% by a woman, you have to.
00:35:08.160 --> 00:35:09.720 Mitch - Beinhaker Law, LLC: there's certain qualifications, through the.
00:35:09.990 --> 00:35:11.610 Mitch - Beinhaker Law, LLC: Day Chamber of Commerce through the.
00:35:11.940 --> 00:35:16.770 Mitch - Beinhaker Law, LLC: You know, different government agencies that you can get qualified as a minority owned business or as a.
00:35:17.070 --> 00:35:25.380 Mitch - Beinhaker Law, LLC: As a woman own business owner to do that, you have to jump through those hoops like you said operating agreement and entity proper ownership proper documentation all that kind of stuff yeah.
00:35:26.280 --> 00:35:33.570 Eric Sarver, Esq - Employment Law Today: Absolutely much absolutely you know we're actually went over a break, I think the one that had to break no came in, to me, at the same time lance's.
00:35:35.490 --> 00:35:46.560 Eric Sarver, Esq - Employment Law Today: message there, so I will just pause for our break for those listening watching tonight Mitch, and I really digging into them the basic business law basics that you need as a company.
00:35:47.130 --> 00:35:59.190 Eric Sarver, Esq - Employment Law Today: So students stay tuned to employment law today i'm your host erick soccer I guess tonight Mitch five acre by hackers or excuse me and we'll come back and talk more about some wonderful ways to protect your business right back.
00:36:03.390 --> 00:36:04.740 Eric Sarver, Esq - Employment Law Today: host of the podcast.
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00:38:04.710 --> 00:38:14.370 Eric Sarver, Esq - Employment Law Today: Welcome back to today i'm very excited right and a lot of her name here tonight, been mentioned by anchored by law business or any business advisor.
00:38:14.820 --> 00:38:23.160 Eric Sarver, Esq - Employment Law Today: And we're talking about really just getting getting back to business what basal temperature there, this is what basics for entrepreneurs or small business or four years.
00:38:23.940 --> 00:38:29.910 Eric Sarver, Esq - Employment Law Today: So really glad misha that again that you're on the show tonight I think it's a fascinating conversation and really enjoying we're talking.
00:38:31.080 --> 00:38:36.330 Mitch - Beinhaker Law, LLC: yeah I forget where we left off at the at the break, but I was gonna say.
00:38:37.680 --> 00:38:45.090 Mitch - Beinhaker Law, LLC: I feel we're talking about risk and the basics and stuff and I mentioned to you during the break that i'm co authoring a book it's called.
00:38:46.170 --> 00:38:51.270 Mitch - Beinhaker Law, LLC: 10 ways to get sued by anyone and everyone and it's it's not ways to get sued it's obviously ways to avoid.
00:38:51.630 --> 00:38:53.790 Mitch - Beinhaker Law, LLC: Getting sued, but we did it we did a sidebar.
00:38:54.450 --> 00:39:01.950 Mitch - Beinhaker Law, LLC: section of the book and I talked to a memory expert about you know how your mind works and why it is that we.
00:39:02.220 --> 00:39:12.060 Mitch - Beinhaker Law, LLC: That we don't you know remember things, and there are tricks to remembering you know certain things like people's names and places, and you know things like that, but it's very common they've done these.
00:39:12.420 --> 00:39:18.810 Mitch - Beinhaker Law, LLC: African what they call them these different kinds of brain studies in I think they're called flashbulb studies or something.
00:39:18.810 --> 00:39:19.230 Mitch - Beinhaker Law, LLC: Where.
00:39:19.410 --> 00:39:29.550 Mitch - Beinhaker Law, LLC: You experience these traumatic events you know 911 the challenger blew up and they and they question people about these traumatic events which you would think would.
00:39:29.820 --> 00:39:33.960 Mitch - Beinhaker Law, LLC: would be more memorable right because we remember all those events as opposed to other things.
00:39:34.350 --> 00:39:41.370 Mitch - Beinhaker Law, LLC: people's memories of where they were who they are, with what they were doing at the time, not even close to accurate their weeks off.
00:39:41.790 --> 00:39:49.200 Mitch - Beinhaker Law, LLC: They they're sure that you know 911 I was with you at a coffee shop and up uptown and you tell me know, I was in Chicago on business and that.
00:39:49.560 --> 00:39:54.780 Mitch - Beinhaker Law, LLC: And and there's a lot of discrepancies, so one of the problems with not putting things in writing it's not that like.
00:39:55.110 --> 00:40:05.970 Mitch - Beinhaker Law, LLC: You know, while someone's going to take advantage of you, if it's not writing that may be true, but the other person is assuming that everyone has good intentions, which I think that's a relatively good place to start.
00:40:06.240 --> 00:40:21.540 Mitch - Beinhaker Law, LLC: Thinking our people are generally good it's just that we don't remember things the same we experience things differently, we take them in differently, we we file them in our brain differently, and when it comes out that we're disagreeing on something we're both sure.
00:40:22.110 --> 00:40:33.870 Mitch - Beinhaker Law, LLC: Right, the agreement was and it's always different and it's probably somewhere in between, but then you as the lawyer, as the litigator and maybe a judge ultimately has to sort these things out.
00:40:34.470 --> 00:40:41.490 Mitch - Beinhaker Law, LLC: Based on all this testimony you know certifications that you're sure of this, and and you know that's what cases are made up, I mean you get.
00:40:41.940 --> 00:40:50.250 Mitch - Beinhaker Law, LLC: You know you take a deposition from somebody you don't get to court to eight nine months later they're definitely gonna say something that contradicts the deposition it's just human nature right.
00:40:50.310 --> 00:41:06.030 Mitch - Beinhaker Law, LLC: There so it's very easy to trip people up when it comes to that stuff so it's so important to have things to you know to to put things in place and operate your business in a certain way and and follow you know standard protocols that you do you onboard an employee.
00:41:06.300 --> 00:41:07.620 Mitch - Beinhaker Law, LLC: The same way, every time they.
00:41:07.620 --> 00:41:10.260 Mitch - Beinhaker Law, LLC: sign a nondisclosure they sign the non non.
00:41:10.290 --> 00:41:12.060 Mitch - Beinhaker Law, LLC: compete or not so so whenever it is.
00:41:12.360 --> 00:41:21.390 Mitch - Beinhaker Law, LLC: They they signed the handbook and and they they learn what the rules are so they can't complain about it later on, you deal with a customer and i've had people say Oh, you know i'm so uncomfortable.
00:41:22.440 --> 00:41:28.560 Mitch - Beinhaker Law, LLC: You know I get to do with a customer what i'm going to without a contract in front of them I said, well, first of all, if you look at it that way, then you never going to do it right.
00:41:28.860 --> 00:41:29.520 Eric Sarver, Esq - Employment Law Today: right but.
00:41:29.580 --> 00:41:31.470 Mitch - Beinhaker Law, LLC: You have to make it comfortable enough.
00:41:32.010 --> 00:41:38.100 Mitch - Beinhaker Law, LLC: for you to say okay now, this is the portion of our discussion where we get to the business specifics.
00:41:38.430 --> 00:41:45.690 Mitch - Beinhaker Law, LLC: This was my contract, you know take it you're an attorney to review it or you can sign it and take it back you have three days to look at it depends on the industry.
00:41:46.170 --> 00:41:53.850 Mitch - Beinhaker Law, LLC: Right, these are the provisions right, just like you and I do retainer agreements attorney it's not ethical for an attorney to do work and not have it in writing.
00:41:54.120 --> 00:41:58.230 Mitch - Beinhaker Law, LLC: i'm not saying that attorneys always sign retainers, but they should.
00:41:58.590 --> 00:41:58.890 Eric Sarver, Esq - Employment Law Today: yeah.
00:41:58.950 --> 00:42:02.640 Mitch - Beinhaker Law, LLC: And now, with the sign, you can send them a retainer they can sign it on the computer whatever.
00:42:02.790 --> 00:42:03.090 Eric Sarver, Esq - Employment Law Today: So.
00:42:03.120 --> 00:42:10.500 Mitch - Beinhaker Law, LLC: Sure it's very important to set those practices in place, so you are comfortable with doing it and becomes almost wrote it becomes standard.
00:42:10.770 --> 00:42:20.520 Mitch - Beinhaker Law, LLC: You don't like it so steps i'm sure you come into situations where there's a problem with an employee stealing or whatever, and the first thing you say as well you know, can I take a look at their non solicit and they're like.
00:42:20.970 --> 00:42:22.590 Mitch - Beinhaker Law, LLC: I know we signed one of those.
00:42:23.460 --> 00:42:28.680 Mitch - Beinhaker Law, LLC: are digging through their files looking well here, it is, and you go inside well but that's the one that we.
00:42:28.680 --> 00:42:29.640 Mitch - Beinhaker Law, LLC: Use right.
00:42:30.060 --> 00:42:30.840 Mitch - Beinhaker Law, LLC: that'd be good.
00:42:30.870 --> 00:42:33.690 Mitch - Beinhaker Law, LLC: Right you never signed one so.
00:42:33.750 --> 00:42:43.350 Mitch - Beinhaker Law, LLC: You know if there's a lot of that there's a lot of that going on, and you know it just becomes very important for you to kind of put those practices let's call them habits in place.
00:42:43.890 --> 00:42:50.850 Mitch - Beinhaker Law, LLC: To do the things that make it easier to run your business, then you have to be all caught up with oh I gotta call Eric I gotta call Mitch I gotta do this and I got.
00:42:50.850 --> 00:42:50.910 It.
00:42:52.230 --> 00:42:53.310 Mitch - Beinhaker Law, LLC: becomes standard stuff.
00:42:54.570 --> 00:43:02.730 Eric Sarver, Esq - Employment Law Today: You know there's so much there, you know that uniformity consistency right in these agreements in the process easy process for our employees for.
00:43:02.730 --> 00:43:03.390 Mitch - Beinhaker Law, LLC: example yeah.
00:43:03.810 --> 00:43:11.520 Eric Sarver, Esq - Employment Law Today: The process for working with you know, a customer or vendor MSA master service agreement I think off work to come.
00:43:17.160 --> 00:43:19.110 Mitch - Beinhaker Law, LLC: lost your MIC a little bit Eric I think.
00:43:22.350 --> 00:43:24.780 Mitch - Beinhaker Law, LLC: yeah I think you're back now okay good.
00:43:25.530 --> 00:43:26.520 Mitch - Beinhaker Law, LLC: Now you're now you're.
00:43:27.360 --> 00:43:28.290 Mitch - Beinhaker Law, LLC: Now you're gonna.
00:43:30.060 --> 00:43:30.810 Let me try a.
00:43:32.250 --> 00:43:32.970 Mitch - Beinhaker Law, LLC: little bit better.
00:43:35.250 --> 00:43:38.130 Eric Sarver, Esq - Employment Law Today: What happened there, but how about now can you hear me okay.
00:43:38.400 --> 00:43:39.600 Mitch - Beinhaker Law, LLC: yeah up now you back.
00:43:40.230 --> 00:43:40.650 Eric Sarver, Esq - Employment Law Today: Okay.
00:43:40.710 --> 00:43:41.490 Mitch - Beinhaker Law, LLC: i'm back okay.
00:43:42.030 --> 00:43:43.260 Eric Sarver, Esq - Employment Law Today: i'll stay i'll stay back if.
00:43:43.410 --> 00:43:45.630 Mitch - Beinhaker Law, LLC: that's the case already thrown break in a minute.
00:43:45.690 --> 00:43:47.040 Eric Sarver, Esq - Employment Law Today: Okay that's.
00:43:47.370 --> 00:43:48.600 Eric Sarver, Esq - Employment Law Today: A little bit over there's just a lot of great.
00:43:48.900 --> 00:43:50.400 Eric Sarver, Esq - Employment Law Today: Show there are yes.
00:43:51.750 --> 00:43:53.340 Eric Sarver, Esq - Employment Law Today: They just less diverse nation.
00:43:54.030 --> 00:43:55.320 Eric Sarver, Esq - Employment Law Today: yeah right exactly so.
00:43:55.320 --> 00:43:55.980 overwhelming.
00:43:57.900 --> 00:43:59.970 Mitch - Beinhaker Law, LLC: Just means I talked to my problem.
00:44:00.480 --> 00:44:01.320 Eric Sarver, Esq - Employment Law Today: I think it's always.
00:44:04.020 --> 00:44:10.680 Eric Sarver, Esq - Employment Law Today: About you know, for me, in practice, consistency is so important, and as you do things right and become more real and they become.
00:44:11.520 --> 00:44:24.870 Eric Sarver, Esq - Employment Law Today: They become more routine less uncomfortable bring up and how you bring me up, you can practice like I know a business where they had to hit a ticket or releases lever that someone gets hurt in this sort of activity in a campaign right.
00:44:25.290 --> 00:44:25.530 yeah.
00:44:27.210 --> 00:44:27.480 Eric Sarver, Esq - Employment Law Today: It was.
00:44:31.320 --> 00:44:31.680 Eric Sarver, Esq - Employment Law Today: You know.
00:44:34.620 --> 00:44:38.820 Eric Sarver, Esq - Employment Law Today: A family with your sinus it's a weird but you can't see us.
00:44:43.980 --> 00:44:44.160 Eric Sarver, Esq - Employment Law Today: stay.
00:44:46.110 --> 00:44:57.180 Eric Sarver, Esq - Employment Law Today: Here you know, instead of locking the doors, but what i'm expecting you know, like everything alive for the best things do happen, and so you know here's a stable liability waiver or who to kind of.
00:44:57.960 --> 00:44:59.070 Mitch - Beinhaker Law, LLC: work, so how.
00:45:00.870 --> 00:45:06.720 Eric Sarver, Esq - Employment Law Today: How you present things can be difference between sort of that awkward apologetic like I need to make you sign this.
00:45:06.780 --> 00:45:14.160 Eric Sarver, Esq - Employment Law Today: Right versus hey This is just thinking of doing business so i'm glad you mentioned that I really am and also just the idea that.
00:45:14.610 --> 00:45:20.820 Eric Sarver, Esq - Employment Law Today: You know men anything different than what we generally believe that we said we want me to close true the.
00:45:21.330 --> 00:45:35.130 Eric Sarver, Esq - Employment Law Today: Old sitcoms that you and I have a golden circle where they have like 200 people and the funny thing, and they will describe what happened in the show the screen worry maybe like you know one character, we want to go sell to the angel with everything like when.
00:45:37.080 --> 00:45:48.570 Eric Sarver, Esq - Employment Law Today: A person did this wrong then they should do this like you know they were they didn't want I didn't know, I was completely in the wrong and then someone else in the certain Members the in between, so it is important that.
00:45:50.250 --> 00:45:56.490 Eric Sarver, Esq - Employment Law Today: We have these agreements, and we have computers and we have all this weight of the way to record right.
00:45:56.760 --> 00:45:57.720 Mitch - Beinhaker Law, LLC: Absolutely yeah.
00:45:58.740 --> 00:46:10.920 Eric Sarver, Esq - Employment Law Today: yeah I think that the agreed time for a break, we do have a separate to the show you right here from our wonderful sponsors so folks stay tuned you're watching today great conversations, they have ramping up our guests Mitch.
00:46:13.500 --> 00:46:24.630 Eric Sarver, Esq - Employment Law Today: Mitch is present approach you know to some of these basis with his clients and how we distinguish themselves from other business law attorney so stay tuned the right.
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00:48:15.420 --> 00:48:15.810 Eric Sarver, Esq - Employment Law Today: today.
00:48:17.970 --> 00:48:30.120 Eric Sarver, Esq - Employment Law Today: folks apologies for my sound quality of being told it's not as usual a boat probably here i've got some issues here, an attack from today, but hopefully everyone can hear me okay now is this, am I coming through.
00:48:30.420 --> 00:48:31.320 Mitch - Beinhaker Law, LLC: yep you're coming to our.
00:48:31.980 --> 00:48:37.080 Eric Sarver, Esq - Employment Law Today: Greens okay so welcome back once again to employment law today i'm here tonight with.
00:48:37.800 --> 00:48:45.840 Eric Sarver, Esq - Employment Law Today: Our guest mentioned by an attorney and business advisor and talking about you know the business law basics that entrepreneurs and business owners.
00:48:46.530 --> 00:48:54.840 Eric Sarver, Esq - Employment Law Today: Often skip we talked about some of the problems that come up when you teach trickery don't use attorneys use templates or not, no, no agreements at all.
00:48:55.230 --> 00:48:57.270 Eric Sarver, Esq - Employment Law Today: Talking about the benefits right of these different.
00:48:57.540 --> 00:49:06.150 Eric Sarver, Esq - Employment Law Today: Like things such as a business plan and contracts in place, so I guess my my next question for you mentioned my sound goes out please tell me I.
00:49:07.050 --> 00:49:13.890 Eric Sarver, Esq - Employment Law Today: can get adjusted trick sweater audience, to be able to hear us clearly i'm wondering like what are some specific.
00:49:14.370 --> 00:49:27.570 Eric Sarver, Esq - Employment Law Today: strategies and unique approaches that that you take them find a lot of takes and providing business or services for your client business owners like i'm always you know do differentiate itself from other business law attorneys and advisors out there.
00:49:27.840 --> 00:49:28.470 sure.
00:49:30.330 --> 00:49:38.250 Mitch - Beinhaker Law, LLC: I mean beyond like experience right because i've crafted thousands of contracts, so when i'm looking at an agreement, I obviously have a different eye to it.
00:49:38.550 --> 00:49:48.090 Mitch - Beinhaker Law, LLC: And someone either has three to five years experience or just a lay person trying to do it on their own so there's things that i'm looking for and agreements that make you as a litigator your life easier.
00:49:48.510 --> 00:49:52.890 Mitch - Beinhaker Law, LLC: If something were to happen, right so that's important but, more importantly, when I when I when I.
00:49:53.130 --> 00:50:05.910 Mitch - Beinhaker Law, LLC: When I got on my own I started the firm, I wanted to make sure, and I think it's very important for attorneys to be accessible to their to their clients and easy to work with in today's digital age, if you will, right.
00:50:06.030 --> 00:50:07.470 Mitch - Beinhaker Law, LLC: So I am so so.
00:50:07.560 --> 00:50:11.640 Mitch - Beinhaker Law, LLC: sure I do you know custom work I do very complex work for people.
00:50:12.210 --> 00:50:27.480 Mitch - Beinhaker Law, LLC: Sometimes it's flat fee sometimes it's hourly a try to manage it as best I can for people, but for the small business owner and for the the younger bid the newer business i've done a couple things one is we built out a section of our website that allows business owners.
00:50:27.540 --> 00:50:27.990 Eric Sarver, Esq - Employment Law Today: or.
00:50:28.230 --> 00:50:34.890 Mitch - Beinhaker Law, LLC: You know even young couples that need like a basic will to go in and to purchase basic documents as opposed to.
00:50:35.490 --> 00:50:47.370 Mitch - Beinhaker Law, LLC: And you know even cost you more but it costs you less than having me do custom work for you, you don't want to go to legal zoom you want a lawyer, to give you advice you go to the website you order a basic operating agreement you order basic least whatever it is.
00:50:47.670 --> 00:50:59.730 Mitch - Beinhaker Law, LLC: You will you'll purchase it for maybe half of what I normally charge you fill out a Google form, I think it's Google we use you fill out a form online the information merges with my documents I review them.
00:50:59.850 --> 00:51:00.810 Eric Sarver, Esq - Employment Law Today: I send them to you.
00:51:01.140 --> 00:51:06.960 Mitch - Beinhaker Law, LLC: Within a few days with signing instructions there's additional charge, if you want me to execute documents notarized and whatever but.
00:51:06.990 --> 00:51:07.170 Eric Sarver, Esq - Employment Law Today: You.
00:51:07.350 --> 00:51:20.640 Mitch - Beinhaker Law, LLC: know when you can do that yourself, but at least you know you had an attorney review them put them together we've automated the process significantly we keep adding pieces to it, so this is an estate planning section there's a business business law sections and there's a.
00:51:21.870 --> 00:51:26.550 Mitch - Beinhaker Law, LLC: Growing commercial real estate section I think right now the only there's only one or two documents on there, but.
00:51:27.600 --> 00:51:40.320 Mitch - Beinhaker Law, LLC: That was the first part of it, the other part of it is, I have a program where I put small business owners on retainer where they get you know, for the most part, unlimited emails.
00:51:40.560 --> 00:51:41.400 Mitch - Beinhaker Law, LLC: A certain amount.
00:51:41.490 --> 00:51:47.940 Mitch - Beinhaker Law, LLC: of phone call time or meeting time each month and then discounts for business work and estate planning.
00:51:48.150 --> 00:51:49.860 Mitch - Beinhaker Law, LLC: Where they also get an online vault.
00:51:50.130 --> 00:51:58.950 Mitch - Beinhaker Law, LLC: Secure available to them and packages start as low as 699 a month ago, up to, I think, just about 4000 a month and for.
00:51:58.980 --> 00:52:10.590 Mitch - Beinhaker Law, LLC: new businesses, I started meant for six months at $99 a month, so it allows me to do is to really know their business, the biggest problem with working with lawyers, as you know as well, is that.
00:52:10.830 --> 00:52:19.590 Mitch - Beinhaker Law, LLC: They come to us on an ad hoc basis we don't really do a good job, because we have four they spend a lot of money, while you're trying to figure out everything they've done in the past, and all the.
00:52:19.590 --> 00:52:23.370 Mitch - Beinhaker Law, LLC: properties, they have and what their handbook says and is this the current handbook.
00:52:23.520 --> 00:52:26.160 Eric Sarver, Esq - Employment Law Today: And do they have the did the person sign off on the handbook or where's.
00:52:26.490 --> 00:52:30.450 Mitch - Beinhaker Law, LLC: The Non solicit agreement that sign and you're running around their office spending hours and hours and hours.
00:52:30.720 --> 00:52:31.740 Eric Sarver, Esq - Employment Law Today: getting into.
00:52:31.860 --> 00:52:34.260 Mitch - Beinhaker Law, LLC: The classical client if you're their regular.
00:52:35.340 --> 00:52:36.000 Mitch - Beinhaker Law, LLC: attorney.
00:52:36.240 --> 00:52:39.570 Mitch - Beinhaker Law, LLC: you're going to have a copies of those documents in the cloud available to you.
00:52:39.810 --> 00:52:43.170 Eric Sarver, Esq - Employment Law Today: to know what to do as soon as there's something in the business owners that are on that.
00:52:43.170 --> 00:52:50.040 Mitch - Beinhaker Law, LLC: program with me and I send their more commonly 1499 a month to 2499 a month that's probably the sweet spot for.
00:52:50.070 --> 00:52:51.000 Eric Sarver, Esq - Employment Law Today: Most of the customers.
00:52:51.450 --> 00:52:59.640 Mitch - Beinhaker Law, LLC: When they send me an email and say I have this problem, because you know my landlord is moving somebody in the strip mall that competes with me and it says in my lease.
00:52:59.880 --> 00:53:04.080 Mitch - Beinhaker Law, LLC: That they couldn't do that I don't have to then sit down with them and figure all this out.
00:53:04.140 --> 00:53:05.280 Mitch - Beinhaker Law, LLC: I already have this stuff.
00:53:05.670 --> 00:53:08.280 Mitch - Beinhaker Law, LLC: And i'm not in immediately and they get a lot for their money.
00:53:08.460 --> 00:53:10.260 Mitch - Beinhaker Law, LLC: And it's a much better relationship.
00:53:11.490 --> 00:53:17.190 Mitch - Beinhaker Law, LLC: For the for me to service them so that's another way that I I don't see a lot of attorneys doing that and I think.
00:53:17.250 --> 00:53:18.180 Mitch - Beinhaker Law, LLC: At least on the.
00:53:18.480 --> 00:53:22.710 Mitch - Beinhaker Law, LLC: My side of the world where you're you're almost like a fractional general counsel.
00:53:23.310 --> 00:53:25.650 Mitch - Beinhaker Law, LLC: which I think is the word we use on the website.
00:53:25.950 --> 00:53:31.410 Mitch - Beinhaker Law, LLC: For the business owner they can't afford to go out and hire a full time general counsel to be on their staff.
00:53:31.830 --> 00:53:34.470 Mitch - Beinhaker Law, LLC: Right benefits and things like that you know.
00:53:34.500 --> 00:53:46.470 Mitch - Beinhaker Law, LLC: They can buy some of my time on a regular basis, and let me learn their business and know the business, then I look through their business and and say you don't have an employee handbook well you, and then I referred to Eric Eric puts the handbook.
00:53:46.470 --> 00:53:46.950 Mitch - Beinhaker Law, LLC: together.
00:53:47.070 --> 00:53:48.000 Eric Sarver, Esq - Employment Law Today: And we know it's done.
00:53:48.150 --> 00:53:51.690 Mitch - Beinhaker Law, LLC: We need a non solicit we need an artist I know the things that i'm looking for.
00:53:51.900 --> 00:53:52.620 Mitch - Beinhaker Law, LLC: That they don't even.
00:53:52.650 --> 00:53:59.160 Mitch - Beinhaker Law, LLC: Think about the you know, protecting their intellectual property, maybe they're you know in some sort of a creative business and they don't.
00:53:59.250 --> 00:54:01.950 Mitch - Beinhaker Law, LLC: know so it's too late, that they find somebody posted.
00:54:02.220 --> 00:54:13.380 Mitch - Beinhaker Law, LLC: Their stuff online to do something with it, I don't have any agreement that protects the work that they did so that's a big way that I like to work with business owners on those types of programs, I really don't like to just do an ad hoc.
00:54:15.090 --> 00:54:26.400 Eric Sarver, Esq - Employment Law Today: Absolutely, but I know that what you're saying there you know it's interesting because i'm just pulling up your your slide with your logo, so I can get ready for when the show ends later bear with me one second.
00:54:27.660 --> 00:54:37.080 Eric Sarver, Esq - Employment Law Today: I find that pretty no no just what you're saying there yeah I think that's interesting unique way you talked about having the automated programs, but you also review them so it's not just like.
00:54:37.080 --> 00:54:39.330 Eric Sarver, Esq - Employment Law Today: Yes, that sort of in a vacuum.
00:54:39.600 --> 00:54:52.830 Eric Sarver, Esq - Employment Law Today: And that's very important, and then I also have ranges for clients Rangers were there on retainer for employment law services, I found the same thing I know your business, I know, and you pass problems department of Labor I know what's going on, because.
00:54:52.950 --> 00:54:54.030 Eric Sarver, Esq - Employment Law Today: Any challenges they're facing.
00:54:54.240 --> 00:54:56.160 Mitch - Beinhaker Law, LLC: Their records, you have the document you know.
00:54:56.430 --> 00:54:57.450 Mitch - Beinhaker Law, LLC: Do that right away.
00:54:57.960 --> 00:55:06.180 Eric Sarver, Esq - Employment Law Today: As opposed to a new person every now and then, it comes as to figure out late Okay, what happened here what was ordered about what was going on with this worker so with that.
00:55:06.660 --> 00:55:18.600 Eric Sarver, Esq - Employment Law Today: we've got about three minutes to the end and I want to give you a chance to take two minutes and share like you know your information, how can we find you in contact you know, to look for that slide once again but tell us like your website telephone interview on.
00:55:19.200 --> 00:55:21.780 Mitch - Beinhaker Law, LLC: The websites easy it's buying hacker law COM.
00:55:22.680 --> 00:55:25.290 Mitch - Beinhaker Law, LLC: mentioned mine hacker law, so you can always send me an email.
00:55:25.500 --> 00:55:34.590 Mitch - Beinhaker Law, LLC: My calendar is on my website, you can set up a free consultation, I do 20 minutes for free if somebody wants to just jump on a call, and you know tell me what what they're concerned about.
00:55:34.890 --> 00:55:48.780 Mitch - Beinhaker Law, LLC: i'm all over the Internet in terms of social media so there's a vine hacker law site on Facebook linkedin instagram and the podcast also doesn't have his own website not yet we're building a niche by nagar COM site.
00:55:49.140 --> 00:55:51.090 Mitch - Beinhaker Law, LLC: That, but the podcast used to be part of the law firm.
00:55:51.090 --> 00:56:00.900 Mitch - Beinhaker Law, LLC: So it was kind of getting lost, but there is a blog there, so we post all the guests up there, and if you want to follow the podcast you can do that on linkedin Facebook instagram.
00:56:01.290 --> 00:56:15.300 Mitch - Beinhaker Law, LLC: And we post all those episodes to also on YouTube so the video like if I interviewed you for the podcast you own a company let's say the video go up on YouTube there's a accidental entrepreneur page.
00:56:15.600 --> 00:56:18.780 Eric Sarver, Esq - Employment Law Today: on YouTube we have the videos up and even the audio versions.
00:56:18.780 --> 00:56:28.230 Mitch - Beinhaker Law, LLC: That are up there for people to listen to to see can obviously listen to podcasts on all of the platforms Google apple spotify.
00:56:29.370 --> 00:56:30.360 Mitch - Beinhaker Law, LLC: Amazon.
00:56:30.720 --> 00:56:38.340 Mitch - Beinhaker Law, LLC: stitcher and think there's a bunch of others that we that we put it on it, it goes automatically up through the through the host site so that's always a good way to follow me.
00:56:38.850 --> 00:56:41.820 Mitch - Beinhaker Law, LLC: or learn, if you have any questions also if anybody's listening and they do.
00:56:41.820 --> 00:56:42.930 Mitch - Beinhaker Law, LLC: want to write a business plan.
00:56:43.170 --> 00:56:46.830 Mitch - Beinhaker Law, LLC: If they send me an email and ask me for a template I have a very simple.
00:56:47.100 --> 00:56:54.030 Mitch - Beinhaker Law, LLC: For part template it's kind of a boiled down version of the of the score organization template, which is also available if you do a search.
00:56:54.510 --> 00:56:58.830 Mitch - Beinhaker Law, LLC: For business plan it's a more comprehensive by a 12 or 13 part.
00:56:58.860 --> 00:57:10.020 Mitch - Beinhaker Law, LLC: business plan just send me an email i'll be happy to send you a copy of the of the thing you go to my website also subscribe to our newsletter then you'll get notified podcast episodes come out every Friday.
00:57:10.560 --> 00:57:14.250 Mitch - Beinhaker Law, LLC: We usually put up blogs on like Tuesdays every other Tuesday things like that so.
00:57:14.850 --> 00:57:16.680 Mitch - Beinhaker Law, LLC: Currently way to follow me and stay in touch.
00:57:17.940 --> 00:57:25.380 Eric Sarver, Esq - Employment Law Today: Mitch Mitch Thank you so much for joining us tonight everyone, it was great to have a show i'm your host erick Sabra i'm here every Tuesday night.
00:57:25.740 --> 00:57:41.820 Eric Sarver, Esq - Employment Law Today: 5pm to 6pm Eastern standard time right here on talk radio nyc if you'd like to show tell your friends or your colleagues to your clients or your family tune in Tuesday evening you can catch us on, as I mentioned the station or apple podcast Amazon Google play stitcher spotify etc.
00:57:42.900 --> 00:57:49.680 Eric Sarver, Esq - Employment Law Today: To them forever great shows on the station once again Mitch bind hacker by the law degree after the show great topic.
00:57:49.710 --> 00:57:50.940 Eric Sarver, Esq - Employment Law Today: And I wish you were Nice.
00:57:51.240 --> 00:57:53.040 Eric Sarver, Esq - Employment Law Today: appreciate check it out.
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