When one is starting up a business, many people are usually short of know-how on what to do to be relevant with regards to the requirements of the law. This knowledge is important for starters, especially those running small businesses, to operate and do what is expected of them legally. Knowing the legal status of your company, considering the health and safety law and most importantly, taking care of the insurance issues can go a long way in operating without stepping on the wrong side of the law.

Legal Status of the Company

When starting a business one of the initial decisions you will need to make is to decide on the legal status of your company. This will affect how you run your business and will have implications for how you pay your tax and record your accounts. The two main formats are sole trader and limited company. However, there are additional options such as a Limited Liability Partnership (LLP) and a Community Interest Company (CIC).

Whilst it is possible to change the legal status of your company once you are trading, it can be very disruptive and costly. For this reason, it is important to give this some careful thought at the outset of the business.

Health & Safety Law

All businesses, no matter how small, need to be aware of how Health and Safety legislation affects them. All businesses, regardless of size, must carry out risk assessments. If your company employs more than five people, there is a legal requirement to record theses assessments.

Employers have a legal duty to ensure that their employees work in a safe environment and this also extends to ensuring the safety and wellbeing of their customers whilst on the company premises.

Insurance Cover

Any business employing staff is legally required to take out employer’s liability insurance with a minimum of £5 million worth of cover. The insurance certificate must be clearly displayed on the premises.

If your business deals directly with members of the public on the premises, you will need to take out Public Liability Insurance to cover any accidents or injuries concerning members of the public.

Sourced from: http://www.libraryofbirmingham.com/articles/business/businessstartupslegal

Business activities are widely governed by legal realms that practitioners must abide with. These are the boundaries that are set out to provide the business owners with a space within which they can operate legally without going overboard. For one to be on the safe side of the law, he /she must be well conversant with the confines of the law that are within their bounds as well as understanding the lengths which are out of bounds.

Legal Traditionalists

The legal traditionalists view law as a body of principles and rules that courts `utilize when deciding disputes. The traditionalist approach is steeped in the belief that the basic constructs of right and wrong are fixated even though society is continuously changing its beliefs.

Environmental Approach

The environmental approach views law as an arm of societal control that must continuously reflect the current society’s moral constructs through the enforcement of rules, regulations, and laws. This approach is much broader in scope, since the law is an institution that reflects the societal need for social order.

Sociological Jurisprudence Theorists

Sociological jurisprudence theorists profess that society ultimately shapes and molds the law and the mechanisms for its enforcement. This school of thought views the legal system and the law as a means of providing an orderly, predictable system of social order, change, and legal reform.

Sourced from: http://www.enotes.com/research-starters/legal-environment-business

Running a successful small business will bring you to friction with a number of legal concerns. These legal aspects, if well adhered to, helps business owners avoid coming into conflict with the law, especially when it concerns what they are obliged to do on their part. Here are a number of things that as a business owner you can do to avoid running into confrontation with the law.

Pay all of your bills on time to avoid fees and lawsuits.

Pay payroll taxes on time to avoid being held personally liable.
Keeping Track of Your Business

Recordkeeping is just as important as remaining on the legal side of doing business. You’ll want to prove your side of things in any conflict, so you’ll need to maintain clear and concise records of your business dealings. For easy access and storage, make sure you get a good set of filing cabinets. If security is important, opt for locked cabinets. It may also prove valuable to maintain a second set of files off-premises in case of fire or flood.

For electronic documents, an external hard drive can provide you with plenty of backup space. You may also consider keeping an electronic copy off-site using a data storage service in order to give yourself the same protection for loss as you have with off-site storage of physical documents.

Establish Legal-Mined Activities at Startup

binding-contract-948442_640

It’s vital to plan ahead when establishing many of the legal tips listed. You’ll want to begin thinking in terms of limiting liability immediately upon starting your own business. The severity of a legal issue can be relative. What would be an annoying contract snafu years into your small business’ lifecycle could be a business-crippling legal matter if you’re just starting out. However, with the ten tips listed, you can limit the damage from common legal issues and keep your business safe.

Sourced from: http://www.staples.com/sbd/cre/tech-services/explore-tips-and-advice/tech-articles/important-legal-tips-for-starting-a-small-business.html

If you have had a case tried in court and it did not turn out how you would have liked, it may be possible for you to file an appeal. It is crucial that you have criminal appeals barristers help you through this. The following information will help you navigate this process.

binding-contract

The first thing you should keep in mind is the fact that you do not want the same barrister that handled your original case to help you with the appeal. This may seem like a logical choice since they would not have to learn the case from the bottom up, but this is never a good idea. The reality is that you should look for fresh eyes to look at the materials. A new person may see something that the first person missed, which means that you may have a more favourable outcome.

Always look for criminal appeals barristers that have solid experience. Every legal eagle out there is not well-versed when it comes to appeals. It would be a huge mistake for you to trust your appeal in the hands of someone that is only familiar with trial court. Appeals are far more involved and you want to make sure that the person you trust to handle it is experienced enough to provide you with decent representation.

Be very selective when you are choosing appeals barristers. You should never settle for the first one you come across, even if they have a solid track record. You need to meet with several candidates and carefully assess them before coming to a conclusion and hiring someone. Making a choice too quickly means that you may not weigh all of the pros and cons of each candidate carefully, which means it is very possible you will make the wrong decision.

Once you have narrowed down a few candidates, you will have to find out how much they are expecting to represent you. Bear in mind that the appeals process is usually rather long and these cases can be very costly. You do not want to be frugal at this time since it means that you may end up with a barrister that is not prepared to give your case the care and attention it deserves.

In the event that you hire a barrister that does not seem to be doing a very good job, take action quickly. Speak to them and address any concerns you have when it comes to the way they are handling your case. If they are willing to make changes, great, but you should not hold on to someone that is not willing to go the extra mile in order to meet your needs.

Just because your criminal case ended in a conviction, that does not mean that you have to lie down and accept this outcome. The best thing to do would be to get in touch with an appeals barrister to see if there is anything they can do to help.

The USPTO (United States Patent And Trademark Office) doesn’t require that everyone looking to get a US pending patent has a lawyer present. However, its always a good idea to hire one. Most entrepreneurs are always operating on a limited budget. They also keep in mind the critical status of the intellectual property of their start-up. However, there might be a long term impact if you choose to cut corners too early.

A patent attorney can write and submit the pending patent application. Note that, some regulations are enforced by the USPTO for these applications. Therefore, an attorney who has gone through the whole process before can handle the complexities accordingly. On the other hand, inexperienced applicants will most likely ignore some rules, case laws and statutes while applying for the patent thus leading to an automatic rejection.

Note that, getting a pending patent is not very user-friendly and thus, people who prefer doing everything on their own might not have any good luck here. Most people are worried about the cost of applying for a patent thus they end up not hiring a patent attorney for the process. However, there are a few ways to keep the costs attorney and still use the services of a patent attorney.

For instance, some attorneys might offer patent applicants startup packages that come with discounts. That way, the attorney fees don’t increase the application costs dramatically. However, a first-time patent applicant should always take the time to find the right attorney for the job. Keep in mind that the application process is always long-term. Therefore, taking your time to find the right attorney will be advantageous in the long run.

Another way to reduce the overall expenses includes creating a white paper where you can describe everything about the invention. You should also include drawings, pictures, charts or any other relevant information about your invention. The white paper merely serves as a guide for the attorney when he/she is preparing the patent application.

That way, you don’t have to take up too many hours with the attorney, especially if you’re on a budget. Here, the attorney will rely on the white paper for everything thus cutting down his/her hours considerably. Of course, the attorney might consult on a few things here and there but its a good idea to make sure that the white paper is very conclusive regarding the invention.

Note that, most attorneys work on an hourly basis. Therefore, during this time, you should limit any new ideas thrown to the attorney when applying for a patent. Yes, any relevant information regarding the invention should be provided but you should avoid being disorganized. That’s because the attorney will end up rewriting the white paper a few times and getting stuck in the application process thus costing too much on your part.

In conclusion, whether or not to hire a patent attorney when applying to get a US pending patent is solely based on the inventor. If you can find one and limit the budget, you are bound to succeed with the application process.

Hiring a criminal appeals barrister is quite different from hiring a trial attorney. You need to do more research and vet each candidate before hiring anybody. You don’t necessarily have to hire criminal appeals barristers after the trial. In some cases, people hire them to sit through the trial. That way, they can advise the trial attorneys on the best ways to keep the evidence intact for the appellate process, if necessary. Here are some useful tips to help you choose the best criminal appeals barristers for your case.

Where To Find A Criminal Appeals Barrister

First, you can ask for referrals from friends, relatives or colleagues who have used an appellate attorney previously. Before hiring anybody, you should inquire whether the clients were completely satisfied with the attorneys services. If the response is positive, you can hire the attorney for your case. If you have lawyer friends, you can also ask for a referral to a good appellate attorney.

You can also ask for a referral from your trial attorney. He/she is bound to know an excellent attorney to work on your appellate case. If none of the referrals amount to anything, you can check online for a criminal appeals attorney in your area. Don’t rush into hiring the first name you find without vetting further or checking the attorney’s credentials. Lastly, you can contact the bar association and request the contact details of a few of the best appellate attorneys close to you.

Benefits

Rather than going through the whole process, most people would prefer to work with their trial attorneys. Well, there are advantages and disadvantages to this decision. However, it’s prudent to choose an appellate attorney for your case, especially because of the following benefits.

First, its good to know that appellate cases are very extensive and exhausting. Therefore, it’s more advantageous to go through the whole process with someone who has done it before rather than working with a trial attorney. Appellate attorneys have experience working with appellate courts and that’s the safest bet for your case.

Secondly, after going through an extensive trial with your attorney, it’s quite difficult for him/her to be objective when it comes to the appeal. Even worse, the trial attorney might have exhausted all the possible loopholes making it hard to win the case. Appellate attorneys have experience working with appellate courts and that’s the safest bet for your case. An appellate attorney will bring a completely fresh perspective to the case and might also discover new arguments that might spin the case around.

Lastly, appellate attorneys have to go through all the documents on the trial record in order to defend the case in appellate court. Therefore, they need to be dedicated, patient and ambitious. It’s not easy to go through all those documents without adding more evidence outside of the record. Well, trial attorneys might not have the same level of patience and dedication, especially because they have more cases on their dockets. That’s why you need the services of an appellate attorney.

If you are accused of a crime, it can be overwhelming as you attempt to navigate the complex UK legal system while trying to defend your reputation.

It can help to understand the process first and then how London criminal barristers can help you through this difficult period.

Nearly all criminal cases start with the reporting of the offence to the police. During their investigation, the police will make an arrest after which you will be taken to the police station for questioning. You can request for the assistance of a duty solicitor or you can opt to request for your own solicitor. The police have the right to collect personal details including DNA, fingerprints, and photos of you.

If the police believe that they have sufficient evidence and they charge you with a crime, they will give you a charge sheet that details the crime you are being charged with. The police will then determine whether you will remain in custody or if they can release you on bail until the court hearing.

The first court hearing will be at a Magistrates Court. In this court, it will be two or three magistrates or a district judge to hear the case. Some offences considered less serious known as summary offences are usually only dealt with at this level.

Some crimes are serious and are passed on to the Crown Court. These offences are referred to as indictable offences. Offences such as sexual offences, violent crime, Internet and computer offences, homicide, white collar, or financial crimes are all examples of indictable offences.

London criminal barristers handle defence cases dealing with indictable offences since they are serious crimes and require a strong defence team.

Judges oversee the Crown Courts. The Crown Court also has a jury that hears the evidence and decides whether the accused is guilty or innocent. It is true that if you ever find yourself charged with an indictable offence in a Crown Court, you will experience quite a bit of anxiety. Having a strong legal team to back you up can help to alleviate this anxiety.

Most defendants are usually not aware that you are entitled to choose your trial advocate. They simply instruct a firm of solicitors and wait to see the barrister that will represent them based on the workload. This approach can never give their defence the fighting chance it requires. When choosing a London criminal barrister you have the option of choosing the barrister that you feel has the best experience handling cases as your own. You will get to meet your advocate of choice and get dedicated service during the preparation of your case and trial.

The criminal barristers will advise you about the evidence against you and clarify about any procedures you may not be clear about. In addition, they will keep you updated throughout the process of preparing for your defence. The greater your involvement, the less the likelihood of feeling alienated from the events that are taking place.

If you have an experienced criminal barrister and a powerful advocate by your side you will face any criminal proceedings confidently and give your case the fighting chance it needs.

Criminal convictions mean more than the loss of good character and/or immediate custodial sentence. Presently, the courts have more powers to impose ancillary orders such as disqualifying the offenders from driving, working with children, owning a pet, imposing a restraining order, signing the sex offenders register, and even imposing a football banning order. Besides the powers of the court, many of the criminal convictions usually carry several forms of social stigma with them, including instigate bouts of vigilantism and irreparable damage to families.

Criminal Appeals solicitors can help, and as a matter of good practice, good ones should offer opinions on whether their clients should appeal against a sentence and/or conviction. In addition, should they be taking over a case that they did not act upon in the first instance, they can look through your case and give you advice on the merits (or lack thereof) of appealing against conviction and/or sentence. However, this work is usually time consuming and tedious, as it involves a thorough checking and analysis of your case.

Some of the aspects that could potentially overturn a conviction include: wrong decision on the legal argument by the court, the coming to light of new evidence that was not available during the first instance of your trial, or the judge erred when summing up the case, or imposed a conviction that was either wrong in law or was manifestly excessive. The process of overturning a conviction could be long, expensive, and difficult. However, it is important that you feel your lawyer is always on your side, and that they can articulate all grounds for appeals succinctly while still keeping the relevant law in mind.

At times, the conviction or sentence of immediate custody can be so short, calling for urgent attention and sometimes, the ancillary orders made by the court can be overly onerous and arbitrarily imposed. Criminal appeals solicitors are experts in reopening such cases, and have the skills to re-examine the evidence vigorously, regardless of how complicated and extensive this process is. In this case, you can trust them to be committed to your cause and that they will do whatever it takes to make sure that you have the best chance at getting justice.

Appealing against a sentence or conviction can be as trying as the initial proceeding, especially for clients. Appeal solicitors fully understand this, and will therefore make sure that the necessary information is available in adequacy whenever needed. Due to their experience in the field, they are able to keep the joint expectations as realistic as possible on both sides. The first step involves requesting permission from the court of appeal. This may require fresh evidence, which the lawyers are often willing to spend a significant amount of time to find.

Since the time allowed through which an appeal can be made against a sentence or conviction is normally limited, ask your appeals solicitors to give you the full and relevant information in time. This will help you decide whether you will be willing to go through the appeal process or not.

If you are an inventor or someone who constantly creates stuff, you are going to want to protect your creations and work. This can literally add up to thousands of dollars on attorneys. The good news is that there are ways in which you can save a ton of money when working with attorneys. In this article, we will be going over how to get a patent and how to save money when doing so.

1. Remember That Your Attorney Works For You.

Pretty much like any other person that you hire for a job, you need to be sure to set exact boundaries and talk about your specific expectations before you begin working together. It is very important that you get a bid for the job that you actually want to get done because the expenses of the particular task can add up very quickly. As with anyone that you are going to be working with closely for a long time, you will want to be sure that you do your due diligence when you are choosing the attorney to hire for the job.

2. Use Referrals To Find One.

There is no better endorsement you can get than a personal one from someone you already know and trust. With that being said, there are a few strategies that you can utilize in order to find the right patent attorney for you and your situation. You might want to read up on the other kinds of patents that are inside of the specific product category that you are working with and contact the authors of them. By getting an attorney that is experienced in your specific subset, you will gain a significant advantage because they will be able to really provide adequate amounts of experience to you. This is especially important if you are dealing with a highly complex technology such as medical technology. While this is not a 100% necessity, it is something that you should consider to get the best help possible. If your idea is simple, you should not have a problem finding an experienced patent attorney to help get the job done.

3. Understand The Pros and Cons Of Working With A Large Firm Versus An Independent Attorney.

Another thing that you will want to do is understand the pros and cons of working with a big firm versus someone operating alone. A lot of large firms are going to effectively offer you full service. This means that they will be able to cover a wide range of patents and intellectual property such as copyrights, trademarks, licensing, and also litigation. They also tend to have be the most experienced attorneys available. If you ever have to go to court during your process, being represented by a large firm is likely going to give you a significant advantage. However, going with a large firm is also going to be significantly more expensive. Whereas, an independent attorney is going to be much more affordable, and they will end up working directly with you and provide you much more individual attention. You must consider these pros and cons when making your final hiring decision.