FAQ

Q.  I have never worked with a business lawyer before.  What should I expect?

A.   First, I will need to know who you are and who are the other people or companies involved in your issue.  This is to allow a check for any conflicts of interests.  If there are no conflicts issues, then in your initial free consultation, you can describe your business and say what you think are the legal/business issues that need to be addressed.  Information disclosed at the initial consultation is kept confidential.  You can expect to be asked various questions about the business or transaction.  Based on your responses, I will say whether I can assist you and in what ways.  At that point you may decide to retain or not retain me.  Whether you decide to retain me or not, there is no charge for the initial consultation.

Q.  I am on a tight budget, would I be better off starting my company using an online legal do-it-yourself service?

A.  It depends.  A simple formation in which you are the sole owner might be adequately accomplished using such a service, but the documents generated might prove inadequate for a more complex formation, such as one involving more than one investor.  In any case, our clients value the chance to establish a relationship with a trusted advisor to whom they may turn again in the future.

Q.  I don’t trust lawyers.  Aren’t you just trying to get as much of my money as possible?

A.  No, my goal is to charge you as little as possible while meeting your objectives.   Efficiency is the watchword.

Q.  Am I allowed to use well-known names of similar products or services to drive traffic to my web site?

A.  Yes, if you can do so without creating a likelihood of confusion about source or affiliation.  I can review your marketing materials to help you put the best foot forward in this area. 

Q.  I have a successful business and someone I know wants to put up her own money to open another branch or location, using the same name.  What are some of the potential issues? 

A.  One major issue is that you might be selling a franchise or business opportunity.  The sale of franchises and business opportunities is regulated in the name of protecting small investors from fraudulent or excessively risky investments.  The kind of arrangement you describe may come within the definition of a sale of a franchised business, especially if you charge a fee or royalty for use of the name/concept and you provide support or assistance to the new location.  If the new business is legally a franchise and you don’t comply with the requirements applicable to franchise sellers, it could create a basis for a claim against you and/or for the buyer to get out of the underlying agreement.  I can help you evaluate the alternatives, including either complying with the franchise laws or seeing if there is a way to structure the transaction to avoid their application.

Q.  I am considering buying a franchised business, and the seller has sent me a long document called a Franchise Disclosure Document.  Can you review the FDD and try to help me negotiate better terms for my franchised business?

A.  Yes.  I have reviewed and negotiated many franchise agreements. 

Q.  You are only licensed to practice in Oregon and I am in another state or country.  Are you allowed to do legal work for me?

A.  It depends.  I can only appear in court on your behalf in Oregon, unless I have special permission from a court in another state.  However, I can potentially represent you in business transactions if you are in Oregon or another state or country.