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The Problems In Small Business That are Likely To Result In Litigation

When you own a small business, such as a digital marketing agency the last thing you need is for someone to file a litigation case against you. Litigation lawyers will be needed to help you fight the case, but even the best lawyers sometimes fail to get you off. Much depends on the circumstances of the case and whether or not there is substantial proof against you.

There are many problems that can cause litigation: –

  • Poor standards of safety in the workplace. As we know, poor safety standards cause accidents. If employees are hurt on your premises, they can easily sue you. If a customer trips and falls, they can sue you.
  • Poor working conditions. This is slightly different from poor safety, as it could be something like overcrowding, lack of amenities, poor lighting and so on.

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What Being Sued For ‘Loss of Chance’ Meant For A Dental Practice

Many dentists go through their entire career without ever having faced any legal action from a patient, however, that does not mean to say that the thought that it might happen never crossed their mind. For those dentists currently working in their dental practice, undoubtedly 99.99% of them are skilled and dedicated professions, and despite this, the threat of being sued remains for them.

That is not to say that every dentist should be working under a cloud, but rather that they are aware that the possibility of legal action such as malpractice exists, and as such should ensure that they do all that can to ensure it never happens.

One principle in the law relating to malpractice has meant that was an additional reason why a patient might sue, and that legal concept is called ‘loss of chance’.

Today, if a patient were to bring a malpractice claim against a dentist, in order to win their case they, and their legal representatives, would primarily have to prove that two things existed. The first is negligence, and this would be that their dentist failed to show a duty of care to their patient.

The second that has to be proven is causation, and by that, it means it has to be proved that any harm, or injury, suffered by the patient, was caused by the dentist’s negligence. It is important to note that if either negligence or causation are not proved, then the malpractice case is likely to fall.

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What To Do When Facing the Threat of Litigation In Business

It doesn’t matter what type of business you have. Whether you are a SEO Agency or a building contractor they are all the same in the sense that no business wants to go through litigation. If you have a small business, the expense and other costs of litigation are like to put you right out of business, or at least take many years to recover from. That is why it’s important to consult with litigation lawyers immediately in order to find a resolution before it is too late.

The reason for the litigation may not even have been the fault of your business, but going through the courts to prove it is not only costly, but time consuming and is still likely to cause a loss of reputation, even if you eventually win the case. The actual details get lost over time and all anyone remembers is the court case, the gossip and the problem that you were accused of. They may not even remember – or believe – that you were innocent.

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Lawyers can Help you Understand and Assert Your Legal Rights

Unsure about your Rights in a Business Dispute? Seasoned Australian Lawyers can help you understand and Assert your Legal Rights

Staring and operating a joint business venture is often a cumbersome and complex process. Normal folks may find it challenging to navigate legal jargon and understand their position as shareholders or business partners. Experienced commercial lawyers can help you obtain clarity regarding rights and duties, set up partnership agreements that are aligned with Australian law as well as help you resolve any business disputes that may arise.

Business or shareholder disputes can be stressful and can result in delays, losses and production downtime. Having a legal contract in place can help in implementing amicable and speedy problem resolution as it provides a reliable reference point for discussions. As a business partner, you need to confirm that the business is valid and legitimate under Australian law and a reliable lawyer, who can offer good legal advice, can help interpret the terms and conditions. Technical verbiage and legalese can often prove confusing to understand and interpret for the layman.

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13 Tips for Buying an Existing Business

Many people think having their own business would be easier than working 9-5 for someone else, but in fact it is harder because when you own a business the buck stops with you. It is wise to always consult a lawyer’s list before making a final decision about buying an existing business and to keep that lawyer on so you have quick access to help should any problem crop up.

When you own a business, the responsibility for everything being right rests on your shoulders – and sometimes you have to step into the gap when an employee doesn’t show up at the last minute. If anything goes wrong, you are the one who has to fix it, or at least ensure that it is fixed by someone else who knows what they are doing. While there are many responsibilities, there is also a great deal of satisfaction at meeting the challenge successfully.

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How to Protect Intangible Business Assets

If you have recently started up a small business, you most likely consulted commercial lawyers and other professionals to ensure everything was set up legally.  Of course there is a lot of information online these days, but often it is difficult to understand, or you may not be sure if certain legal requirements actually apply to your business.

In all the busyness of getting your business up and running, you may  not have thought about protecting those intangible business assets, even though you’ve taken out insurance to protect the stock and all those other things you need to run the business.

What are the intangible assets?

  • The specific name of your business
  • Your logo
  • Brand name
  • Trademarks
  • Specific processes and methods to do certain things
  • Knowledge your employees have that is unique to your business

Some of these intangibles can be protected through taking out patent, trademark or copyright registrations, while others should be protected by using non-compete and non-disclosure documents that your employees should sign to protect your new business. This will prevent them from using this knowledge if they should leave your company and go to the competition or even start up their own company. It is best to have your lawyer draft such agreements so they are watertight.

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