Business Address

Law Office of Randall A. Fischer P.A. At Stuart

2100 SE Ocean Blvd #203, Stuart,
Martin, Florida 34996
Phone: (772) 463-7737


Randall A. Fischer, P.A.

725 SE Port St Lucie Blvd #206, Port St. Lucie
St. Lucie, Florida 34984-5232
Phone: (772) 463-7738


Randall A. Fischer, P.A. Law Office At Jupiter

1080 East Indiantown Road #104
Jupiter, Florida 33477
Phone: (561) 316-7111


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Business Lawyer Port St. Lucie FL

Business Planning

Business Planning

This importance of business planning at the onset of any venture cannot be stress enough. In my practice, I see many businesses that fail due to improper planning at the outset. This planning has many dimensions. Many businesses fail because they do not property analyze and assess their market prior to making a commitment to begin the business, others fail because they are undercapitalized, others fail because there has been no contingency for the death of a principal, others lack the proper structure and organization, and still others fail for personal issues between the principals. There are a multitude of issues which can surface during the operation of a business which can ultimately lead to its demise. Therefore, before jumping into business take the time to thoroughly examine the potential issues first and plan contingencies to address them.

Your financial and marketing business plan should be carefully completed and reviewed by a third party professional. Your business structure should be crafted to address your business growth plan and demands. Issues regarding the potential dissolution should be addressed in the operating documentation to clear-up any ambiguities and to tackle the issues head-on. This should not be an area that is avoided because one of the principals may take offense or will not negotiate or simply believe everything has been clearly stated without written documentation signed by the parties agreeing to the structure.

There are many issues which from accounting methods to the disbursement of profits that need to be address at the inception in order to make sure the business runs smoothly and that all of the parties are on the same page. This is not the time to be shy. Do these before you begin the business and save yourself a world of heartache, financial grief down the road.

If you are planning on going into business address as many issues as possible, have the documentation reviewed by professionals including a lawyer, business consultant, banker and an accountant.

If you need assistance with setting up your business, please give my office a call.

 

Personal Liability Business Contracts

Personal Liability in Business Contracts

When entering into any contract it is extemely important to know and understand the terms of the contract.  Often, clients have come into my office after unwittingly signing an agreement which included a personal liability clause.  There have also been situations in which the client signed as a guarantor which also included a personal guarantee for a friend or a relative.

In general, personal guarantees are a fact of life in business contracts including loans, franchise agreements, leases, etc…  That being said, nothing is set in stone.  It is important to negotiate before signing.  It is also important to know what you are negotiating before signing.  Just because a contract is printed or is a standard form doesn’t mean it cannot be changed.

It is important to consult with a lawyer before potentially creating a legal morass of unintended liability.  It is important to nip this in the bud.

If you are contemplating any contractual relationship, it is important to consult with a lawyer before signing the contract.  If you need a lawyer in Stuart, Port St. Lucie, or Jupiter FL, please give my office a call.  Thank you for taking the time to review my website.

Interference with Business Relations

Interference with Business Relations

Interfering with an existing contractual relationship is a viable cause of action.  It is available when there is an existing contractual relationship exists between the injured party, the plaintiff, and a third party and the defendant, knowing this relationship, intentionally interferes with contractual relationship inducing a breach or a termination of the relationship or expectancy from that relationship which causes harm to the plaintiff.

This is the legal definition.  To pursue this cause of action, the plaintiff must be in a position to prove each allegation to support their claim.  That means breaking down each element and demonstrating the existence of a business relationship with the third party, showing that the defendant knew of the business relationship and intended to interfere with that relationship and as a result the plaintiff was actually damaged by that interference.

On its face this would not be difficult to demonstrate, but there are many very subtle issues which can make this cause of action difficult to allege and prove.  It takes a thoughtful and thorough analysis of the surrounding facts and an application of the law to support a tortious claim of Interference with Business Relations.

If you feel you have been damaged by someone or a business that has interfered with a business relationship between you and your client/customer in Stuart, Port St. Lucie, or Jupiter FL, please give my office a call at (772)463-7737 and schedule a free consultation.  I appreciate you visit to my website and look forward to meeting you.