Florida Business Law

My firm provides personalized and focused attention that you typically do not get at a large firm.  As a small firm owner, I have many of the same concerns as my small business clients. My goal is to use this knowledge and experience to help you navigate the issues facing your business. I can assist with matters ranging from starting a new business to succession planning. My law practice includes the following: 

Advising Existing Companies 
Don’t wait for a problem to arise before consulting an attorney. A key aspect of running your business is planning for the future. You can focus so much on day-to-day demands that you neglect the long-term health of your business. I assist companies of all sizes and types, ranging from startups to large, established businesses. I will tailor my services to address your company’s needs. I can answer questions regarding your day-to-day business operations, help with a particular transaction or acquisition, evaluate risk exposure and insurance issues, or serve as your company’s go-to resource for legal issues in a general counsel-type role. 

Reviewing and Updating Contracts 
Almost every business owner has concerns about the adequacy and enforceability of their contracts. Many times, small businesses draft their own initial contract or use a form from the internet. As the business grows, the owner does not have time to review the contract and determine if it is still adequate. Even if you originally had an attorney draft your contract, as your business grows, there may be additional issues that should be addressed because of your growth, increased complexity, or different customers. 

You also need to consider changes in the law. Depending on the type of business you operate, you may be subject to ever-evolving statutory, regulatory, and administrative law requirements. You should review your form contract every couple of years to determine if changes are necessary to protect your business. 

You don’t want to wait until a dispute or claim arises to learn that your contract is not ideal. Relatively simple changes like disclaiming certain warranties or revising contract provisions regarding the recovery of attorney’s fees and costs can have a significant impact on future disputes. Nearly every attorney has asked a client, “why didn’t you have an attorney prepare this agreement?” Many times the response is to try to save money or because of the uncertainty of the potential cost. In retrospect, those decisions end up costing business owners many, many times the amount of the saved expense. Minor and inexpensive contract reviews and revisions have the potential to save you tens or even hundreds of thousands of dollars. As a business owner, you know the types of risks you face and the common types of claims and disputes you are faced with. It is not costly to review those risks with an attorney and to determine what can be done to protect your business if such a claim or dispute arises. Being proactive gives you the ability to evaluate the risks and how to protect your business from potential liabilities. Once a claim or dispute arises, the rights of the parties are typically established, and you have lost the ability to control your liability and the resulting costs. In addition to protecting your rights, there is also significant peace of mind in knowing you have evaluated your risks and that you are prepared to handle them. 

Collecting Accounts Receivable 
Basic collection of accounts receivable typically can be handled in-house. However, when you have a customer with a sizable account receivable or who has become an increased credit risk, it is best to involve legal counsel. You want to evaluate credit risk early and consider potential claims of other creditors, pending lawsuits, and the customer’s options in responding to your claim. I will efficiently review your contract, issue demands, and determine when to file a lawsuit or arbitration proceeding to make sure we have the best opportunity to get to the front of the line of creditors. My goal is to focus on getting money in your pocket, i.e., the actual collection of the account receivable, not just going through the standard collection procedures. You don’t want to file a lawsuit or obtain a judgment and then learn that a more prepared creditor has recovered all of the available assets. 

Business Disputes and Negotiations 
A significant portion of my law practice for over 20 years has involved commercial contract disputes. I have represented small businesses and multi-million dollar construction, insurance, and surety companies. Lots of disputes are magnified because the parties fail to consider their respective interests and potential resolutions that satisfy both parties. Once parties become entrenched in their negotiating positions, it becomes much more difficult to find common ground. I will use my background and experience to fairly evaluate both sides of the dispute and the risks of litigation. I have the experience to know that litigation is not going to make it easier to resolve a dispute, and that many times the party that initiates the lawsuit later regrets doing so. If we can analyze the issues more effectively and reasonably consider the other side’s position, we may be able to avoid getting involved in expensive and unproductive litigation.

Defending Lawsuits and Arbitration Proceedings
I have over 20 years’ of experience defending a wide range of commercial lawsuits, including contract disputes, construction defect claims, indemnity claims, collection actions, and non-compete disputes, among others. I have served as private counsel and insurance company-appointed defense counsel in state court lawsuits, federal lawsuits, and arbitration proceedings. My goal is to use my background and experience to get you out of a lawsuit as quickly and cost-effectively as possible. 

It is critical to develop a good strategy and exit plan at the beginning of a lawsuit. It is also necessary to determine if there are any other parties that may be required to defend or indemnify you. I have substantial experience enforcing defense obligations and indemnity rights, including handling declaratory actions against insurance companies that fail to honor their defense or additional insured obligations. 

If your attorney is not proactive with your defense, your case can drag out several years, and the legal fees and costs can vastly exceed the amount of the underlying claim. Additionally, as the other side’s attorney’s fees and costs accumulate, it can become more and more costly and difficult to settle a lawsuit. So, the farther into the dispute you are, the more difficult it is to resolve the claim. Having seen these types of circumstances, I can help you navigate a better Course.

Evaluating A New Business Opportunity 
If you are considering a new business opportunity, you need to consult with an attorney. It’s easy to become so enamored with a new opportunity that you fail to recognize red flags or potential risks of the venture. Whether the idea is your own, an existing business partner’s, or a new contact’s, you need to perform due diligence before committing yourself, signing any agreement, or spending or investing any significant amount of money. I will provide an independent and objective evaluation of the potential business opportunity and we can discuss the benefits and risks. If your opportunity is viable, the costs of performing due diligence likely will be very minimal compared to your potential returns. If the opportunity is one that you would be better to pass on, you may be able to save thousands of dollars by recognizing that fact early in the process and directing your attention to other opportunities. 

Setting Up A New Company, LLC, or Corporation 
Once you decide to pursue a new business opportunity, you need to consider how to structure the company for future growth while not unnecessarily risking your core business or personal assets. It’s possible to try to set the company up yourself or though an online service, but it is not advisable to do so. You should spend your time focusing on your business strategy and business plan and not researching legal entities and their benefits, drawbacks, and tax implications. Minor mistakes in the setup and organization of a company can be extremely costly to correct in the future. If your new company is worthwhile, the cost of setting it up properly will be minimal compared to your potential returns. 

Additionally, there are many early decisions and agreements that need input from a business attorney. You want to make sure your contracts are solid, that you evaluate potential risks and claims, and that you have adequate insurance coverages. My goal is to help you succeed so that you can be a valuable client for years to come. 

Concluding Thoughts 
I’m happy to structure my services to meet your company’s needs, whether that is just answering simple questions or serving as your company’s general counsel. I’m upfront about legal fees and costs, and I want to make sure you always get a good value for the services my firm provides. After a consultation, I can give you an outline of potential options and the associated legal fees so you can decide what is best for your company. I want to build long- term and productive relationships with my clients and transparency is one critical focus of my pursuit of that goal. Please schedule your NO COST CONSULTATION using the form above or contact me at 813-825-0405 or aking@akinglegal.com if I can assist you.  I look forward to working with you.

– Adam C. King, Florida Business Attorney