Business & Collections
BUSINESS & COLLECTIONS
NO TEAM IS COMPLETE WITHOUTA GOOD, ACCESSIBLE ATTORNEY
Make sure your business is ready for anything
In today’s business world, successful business owners rely on a team of people, including employees, accountants, insurance agents, bankers, etc., to navigate complicated issues and decisions arising in their businesses. Having a smart, knowledgeable, experienced and trusted attorney on the team is a must, and properly utilized, that attorney can be an invaluable asset to the business.
Accessibility to the attorney is also critical; as technology has transformed business and communication, business owners now must solve issues and make decisions within hours (if not minutes), whereas a few decades ago they could take more time. With these heightened expectations and demands, it is more important than ever that business owners have access to their attorney so that they can quickly obtain counsel to assist with these issues and decisions. Imagine being able to call your attorney and have him/her take the call. Or sending your attorney an email and have him/her promptly respond. That is the service Mr. Rollin attempts to provide to every client, as he recognizes that providing good customer services involves responding to his clients’ needs as quickly as possible. One of Mr. Rollin’s clients, Todd Martin of PRO PT, described his appreciation for Mr. Rollin this way:
“Harold is always there for us when we need him. We really appreciate not just being able to reach him, but the thought that he puts into assisting us in solving whatever issue we are dealing with. We also appreciate the attention to detail he provides to every project he performs for us.”
The knowledge base which Mr. Rollin has accumulated since he started practicing law in 1993 and which he uses to counsel and represent his clients is also key to his success as a business attorney. As an example, did you know that a business owner purchasing the assets of another business, but not the debt, might wind up being liable for that business’ debt even if this is not what was intended? Or consider the risk someone selling assets takes in agreeing to accept payments (of the purchase price) from a third party purchasing those assets. If the buyer defaults on the payments, and the transaction has not been properly documented, the seller might not be able to collect the unpaid portion of the purchase price. Proper documentation drafted by an experienced business attorney can help to avoid these problems.
A good business attorney can also assist with collecting accounts and other business litigation. But litigation can be expensive (especially when the ability to recover attorney’s fees is limited – see below), so it is important to use an ethical attorney who will attempt to keep the cost of litigation down as much as possible. Unless there is good reason otherwise (e.g., a statute of limitations is about to expire), Mr. Rollin rarely proceeds directly to litigation without first attempting to resolve a dispute by communicating with the opposing party and/or attorney. The key to avoiding costly litigation is oftentimes simply communicating with the other side. Through this communication, the likelihood of collecting an account, or otherwise solving whatever business dispute is at hand, is greatly enhanced.
While good communication can keep litigation costs down, the best way to avoid expensive litigation is to invest in and use good contracts in the beginning. While not essential, having a signed contract properly drafted to include certain provisions can be key to succeeding in a lawsuit. It is fairly common for businesses to insert additional terms (e.g., 1.5% per month, or 18% per year interest/late charge, attorney’s fees provision) at the bottom of their invoices. The problem is that unless these provisions are agreed to IN WRITING by the opposing party, they will not be enforceable, in which case the business will be limited to collecting 10% interest (which is the legal rate), and possibly a very small amount of attorney’s fees (e.g., $1,200.00 for book accounts). The significance of a cap on attorney’s fees such as this cannot be overstated, as it oftentimes makes litigation cost-prohibitive. Similarly, a good contract will also include a venue provision which will allow for litigation concerning the contract to take place in whatever county is specified in the contract. This can be important for businesses which engage in business dealings in other parts of the State.
These are just a few examples of ways in which a good, experienced, and smart business attorney can assist businesses to succeed in the challenging business world of today. More than anything else, business owners need to trust their attorney to provide quick, solid, and informed advice. Mr. Rollin provides exactly this service, and is happy to answer any questions you may have.
The foregoing article should be relied upon for general informational purposes ONLY, and should not be construed as legal advice, as every situation is different, and slight variations in the facts of each case can alter the applicable law and result. To obtain legal advice for your particular situation, contact Mr. Rollin.
Purchasing or Selling a Business? Read this article.
"Accessibility to an attorney is critical; as technology has transformed business and communication, business owners must now solve issues and make decisions within hours (if not minutes). With these heightened expectations and demands, it is more important than ever for business owners have access to their attorney so they can quickly obtain counsel regarding their situation."
Harold L. Rollin, APLC
ADVICE
REPRESENTATION
Harold L. RollinA Professional Law Corporation
(559) 732-3600
815 West Center Avenue
Visalia, CA 93291
Office Hours:
Monday through Friday
8:30 am to 5:00 pm