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Why Do I Need a Lawyer To Start a Business – I Have The Internet?

September 13, 2017

Starting a business can be an exciting and overwhelming endeavor and Google seems reasonably equipped to answer all your questions – right? Maybe, but as you embark on your new venture, Google may not adequately solve your concerns in a way that protects you. Consider the following reasons to work with a knowledgeable business lawyer, rather than your favorite search engine:

  • First things first – the right structure is key. One of the most basic tasks in forming a new business is to choose an entity structure. This decision is critical as different entities expose you to much different levels of liability. Choosing the wrong entity could leave your business (and you individually) exposed to intolerable levels of liability against lawsuits. Conversely you may inadvertently overly complicate your structure when you are in an industry with very little need to worry about liability.
  • Business attorneys should work hand in hand with your accountant. Structure and other set up decisions are best made both between your attorney and your accountant. Do not be surprised with an improper structure for both you or your industry once tax season arrives. Set it up correctly from the start.
  • Protect your ideas and property. Protect your product ideas, production secrets, customer information, potential competition from your employees and anything else unique to your business. Doing so allows you to maintain a competitive advantage and shield yourself from others both externally and internally who could use your unique information for their own profit.
  • Employment lawsuits can stop a business in its tracks. Starting a business means you must comply with all federal and state employment laws, including legal procedures regarding employee pay, hours, overtime, sexual harassment, and discrimination. Failing to consult with a business attorney exposes your business to a variety of employment lawsuits and even one lawsuit can be the death of a small business. Do not take simple tasks like drafting job descriptions or interviewing procedures for granted. Consult with a business attorney and do it right.
  • Running a Business Can be a full-time job. Creating a new business involves a lot of paperwork and legal formalities confusing to even the savviest entrepreneurs. Drafting bylaws or operating agreements, complying with tax requirements and licensing concerns are most effectively handled with the assistance of a business lawyer.

Handing off the set up and operational structure issues to the right business lawyer allows you to get back into the business of running your business.  Bergmann Law can walk you through the process of starting a business and set you on a path ensuring smooth operations and dispute avoidance.  With years of dedicated legal experience, your business will be in excellent hands. Call our office and schedule an initial consultation.

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Welcome to Bergmann Law LLC

Bergmann Law, formerly Bergmann Good, announced today that Renee Bergmann is taking the helm and resuming the Business & Real Estate Practice in the Firm’s Westmont, New Jersey office.  Bergmann takes control of the firm following 17 years of practice at various firms ranging from small, 14 lawyer firms, to an International firm of more than 800 lawyers and resident in offices from Philadelphia, Pennsylvania to New York, New York as well as right here in Camden County, New Jersey.

“It feels like I’ve come full circle and will begin practicing law while maintaining control of all cases as well as management of the Firm.  As technology continues to change at a lightening pace, it changes the way businesses operate and Bergmann Law will not only counsel clients on the protection of their – information – it will have the most up-to-date case management and back office systems that lead to both efficient and high quality work product. The Firm will help clients meet the rapidly changing business environment by leading the way with cutting edge technology of its own.”

Bergmann Law also offers a robust and expansive real estate practice. Working collaboratively with both you and your Realtor through the residential or commercial sale process leads to smoother transactions with better results.  The Firm also regularly works with real estate investors regarding all aspects of the business.  Renee Bergmann stands uniquely qualified to represent you in your real estate transaction, as both a licensed New Jersey Realtor, active real estate instructor and investor, she understands both the legal and practical aspects of negotiating and closing a deal.

Bergmann Law will continue to serve its business clients as “inside counsel from the outside,” offering advice and support to small and mid-size companies – companies without the budget for in-house counsel, but sophisticated enough to know good advice and support are necessary for business stability and growth.

The Firm culture is one of technology integration with efficient and high quality results.  Danielle Bergmann, a graduate of St Andrews University in Scotland acts as both legal support and office management.  Her research background and experience on the tech side lends just the right balance to the Firm.

Renee Bergmann has previously served in leadership roles in both the Pennsylvania Bar Association, the National Association of Women Lawyers and the Philadelphia Bar Association.  She was an adjunct faculty member at Arcadia University, has spoken at Rutgers-Camden School of Law, the American Bar Association and most recently continuing education classes at the Real Estate School.  Ms. Bergmann has extensive Real Estate and Business experience from transactional to high stakes litigation.  She earned a J.D. from Rutgers-Camden School of Law, and her B.S.H.S. from Thomas Edison State College in Trenton, where, at the time of commencement, she had earned her degree faster than any graduate in the university’s history.

Bergmann Law strives to take complicated issues and offer simplified results.  Call us and see what we can do for you.

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Avoid the Foreclosure Process: Land Sales Contracts

The foreclosure process is extensive and costly.  Avoiding foreclosure as a real estate investor would certainly be an advantage.  Instead of using a normal Agreement of Sale for property, an investor can turn towards a Land Sales Contract which does not require the foreclosure process upon default from the borrower.

A Land Sales Contract (also known as “Contract for Deed” or “Land Installment Contract”) is a form of seller financing in which actual possession of the property stays with the seller until the borrower fulfills the contract by paying off the principal and interest.  After the terms of the contract are met, title of the property transfers to the borrower.  If the borrower defaults on a Land Sales Contract, the foreclosure process is not triggered.  Instead, the seller simply executes an eviction in Landlord Tenant Court.  The eviction process is much simpler and much less costly than a foreclosure.

Why would a buyer agree to a Land Sales Contract and give up the rights under foreclosure?  The simple answer is that a buyer wouldn’t unless he or she did not have a choice.  However, there are many times where a prospective buyer cannot get approved for the financing required for a mortgage even though they are financially sound.  This can happen due to past credit troubles, divorce, and other instances.  These buyers can be saved by seller financing through a Land Sales Contract.  A seller can simply request more down, or a higher rate of interest.  Either way, both the seller and the buyer win.  The seller avoids foreclosure and the buyer can purchase a property without going through the conventional mortgage system.

For specifics and further implications on Land Sales Contracts and whether it is right for you, please call us here at Bergmann & Good.