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The owners of small businesses do so much more than sell a product or service. They are team leaders, risk assessors, investment deciders, public relations coordinators, and so much more. One of the most important hats that small business owners wear is the legal hat. Smart business owners understand that they need to have proper procedures in place to ensure that everything they do is handled legally — from hiring and firing to marketing to customer relations. If your business is too small to have its own internal legal team, you likely have a lot of questions about how to handle the legal issues (both expected and unexpected) that arise. Today we’re answering a few of small business owners’ most commonly asked questions. But there’s one common thread you’ll notice runs through all of our answers — when you are not sure about your specific situation, it is probably best to consult an attorney.
I’m owed money from a customer. What are my options?
If a customer owes you money, you have many options including liens, collection efforts, and filing a lawsuit. To determine which option is best for your individual situation, it is best to sit down with an attorney to discuss what makes the most legal and financial sense.
What kind of license do I need to run a business in Tennessee?
Most businesses are required to have a business license, but the type will depend on what kind of work you do, where you are located, and how much income you generate. For example, if you make under $10,000 a year, you might qualify for a minimal activity business license. A lawyer can help you determine what is required based on your specific situation.
I’ve received a summons for small claims court on behalf of my business. Can I represent myself, or do I need an attorney?
It depends. Certainly if your business is incorporated, you will likely need an attorney to represent it. If not incorporated, you’ll still want to get an attorney’s advice on your best option. An attorney can give you reliable perspective about how complicated or uncomplicated your time in small claims court will be, and whether or not it would be wise to proceed on your own.
I have been approached by potential volunteers looking for work experience with my small business. How should I handle this?
Although this may sound like a golden opportunity, it is not legal for for-profit businesses to accept free labor. You may ask yourself, “What about an intern?” The Fair Labor Standards Act has very specific rules about what does and does not qualify. You will need a lawyer’s help to navigate this.
Where can I find a lawyer to help me with the legal side of my small business?
You’re in the right place! You can use the Knoxville Bar Association’s Lawyer Referral and Information Service (LRIS) is a great resource for connecting with a lawyer who can offer you guidance. Try it today by calling (865) 522-7501!
If you’re looking for a lawyer and just don’t know where to start, the Knoxville Bar Association’s LRIS is a great place to begin. We match you with a lawyer that suits your needs. Our trusted attorneys provide you with a free consultation so that you can decide if it’s the right fit. Want to learn more? Call us at (865) 522-7501 or visit knoxbar.org/lawyerfinder.
The materials contained in this blog are intended to, and do, provide only a broad overview of various legal topics. The general information contained in this material is not designed nor intended to be a substitute for legal advice on a specific legal issue or question. In addition, the information provided in this material is only general advice and may not be applicable to apparent similar individual problems, since only slight changes in facts change the applicable advice. If you have a legal problem or question, please consult an attorney.
Any publication, distribution, or other use of these materials without the express written consent of the Knoxville Bar Association is prohibited.
When you’ve never been to court before, making an appearance can seem daunting. It’s a lot less intimidating, though, when you have a clear idea of what to expect. Read on to get the information you need to feel confident and prepared on your first day in court.
Dress Code
All individuals must dress appropriately for court hearings. Anything considered distracting or disruptive to the judicial process is considered inappropriate. The judges often enforce a dress code. A good rule of thumb is to dress as if you were interviewing for a job as an office administrator. Women should wear closed-toe shoes, and a conservative dress or a skirt/blouse or dress pants/blouse combo. A sweater is appropriate as sometimes courtrooms are chilly. Men should wear dress shoes with socks, long pants with a belt, and a collared shirt with a tie. Bring a jacket in case you get cold, but it is not necessary to wear it at all times.
Do not wear anything with rips or tears, skirts or dresses that come up higher than a couple of inches above the knees, shorts, halter tops, tank tops, or anything that reveals the chest or is transparent. Avoid hats and non-prescription dark glasses as well.
Specific rules about each court’s dress code can be found online, and above all you should adhere to any guidance your lawyer provides as to appropriate attire.
Inclement Weather
Officials know that inclement weather may interfere with people’s ability to get to court. Different courts follow different inclement weather policies. For example:
US District Court, Eastern District of Tennessee: Info about closures and delays will be available on the court’s website and answering machine.
US Bankruptcy Court, Eastern District of Tennessee: Info about closures and delays will be available on the court’s website and answering machine.
Tennessee Supreme Court: Info about closures and delays will be available on the court’s website.
Knox County Criminal Court: If Knox County schools are closed, court will close the first day. Each day after will be decided by the judge. The court will not open late if the schools open late. Info about closures and delays will be announced on local radio and television.
If the court you’re going to is not included in this sample, you can find it here.
Behavior
It is important to be on your best behavior in court, no matter what type of issue you are facing. Although you may feel emotional, you must keep yourself in check and behave respectfully. Acting out can result in criminal charges.
Do not speak out of turn, but if you are called upon to speak, do so clearly and loudly enough for everyone to hear. You must refer to the judge as “Your Honor.” Your attorney can give you more information about how to behave in court and what to expect. If you don’t have a lawyer yet, we can help. Learn more about our Referral Service here.
Most people have heard of a lawsuit. But what exactly does a lawsuit entail? And how do you know if the issue you’re dealing with warrants a lawsuit? Read on to find out!
A lawsuit is a claim or dispute brought by one party or multiple parties against another party. There are several different kinds of civil lawsuits including:
If you’re considering a lawsuit, you should think about the following things before you decide whether or not to proceed with this legal action.
Do you have what it takes to believably prove your side of the story? Do you have witnesses who are willing to testify? Evidence? Screenshots of the wrongdoing? Your attorney can help you decide if there’s enough evidence for you to make a compelling case.
Determining this may require researching the law or gathering more information about your situation. You don’t want to pursue a lawsuit against someone only to later find out they actually did nothing wrong.
Going to court isn’t cheap. Lawsuits involve lawyer fees, filing fees, investigative costs, and so much more. Can you afford it?
Is it worth it to you to follow through with this lawsuit? Does the person have the funds to give you the compensation you’re looking for if the lawsuit is successful? Would your compensation pay you for your time and your expenses with more left over at the end?
If you’re suing someone, you will definitely need a lawyer. Do you have a qualified one already, or would you need a referral? If you need a lawyer referral, click here to learn more about Knoxville Bar Association’s helpful Lawyer Referral and Information Service (LRIS).
If you’re meeting with a lawyer for the first time, you might be feeling nervous, but you shouldn’t! Lawyers do what they do because they want to help people in your situation — be it anything from a family law matter like divorce, to an employment law matter like wrongful termination, to a criminal law matter like a drug possession charge. Your first meeting with a lawyer is your chance not only to get to know them and determine if they’re the right fit for your case, but also to help them to help you. One of the most important ways you can do this is by bringing in the needed documentation. Read on to learn about a few of the documents you should consider taking to your first meeting with a lawyer.
If you already have court documents because parts of your case have already unfolded, you should absolutely have them with you when meeting with your lawyer. These can help your lawyer understand what exactly is going on, where you stand legally, and what needs to happen next.
These are important for family law matters like divorce and child custody.
Bring in anything you have that might be considered evidence in your case. You have proof that your spouse cheated and that’s why you want a divorce? Bring the documentation. You’ve been accused of a robbery, but you have photos of yourself at the bowling alley at the time the crime was committed? Bring the documentation. You were injured in a car accident and want to sue the other driver for negligence? Bring the documentation — police report, photos from the accident scene, all of it! When it comes to these kinds of things, the more documentation you can provide, the better. Your lawyer will be able to determine what is useful and what isn’t.
Don’t risk finding yourself in the annoying situation of realizing on the drive home that you forgot to ask an important question. You may be nervous or excited during your consultation, so prepare questions to ask in advance.
Still looking for a lawyer? Check out the Knoxville Bar Association’s Lawyer Referral Service to be matched with a lawyer who has experience with your type of legal problem. We wish you the best of luck!
When you’re facing a legal issue, it’s important to know what kind of case you have on your hands. Is it a civil case or a criminal case? Many people get civil law and criminal law confused, or even use the terms interchangeably, but they are quite different!
The essential difference between civil and criminal law is that criminal law deals with crimes (i.e. illegal offenses ranging from petty theft to homicide) while civil law deals with disputes between people, companies, or both. The following are the biggest differences between civil and criminal law.
Civil cases are filed by a private party while criminal cases are filed by the state or federal government.
If you’ve watched a true crime show or even just the news, you’ve probably heard the phrase “beyond reasonable doubt.” The government must prove the defendant’s guilt beyond reasonable doubt to get a conviction in a criminal case. Meanwhile, in civil cases the plaintiff has to provide “preponderance of evidence.”
If things go poorly for you in a civil case, you will be found “liable,” whereas if things go poorly for you in a criminal case, you will be found “guilty.”
In a civil case, the victim is usually awarded compensation for injuries and damage if it can be proved that the other party was at fault (or in other words is “liable”). In criminal cases, guilty defendants may be punished with fines or incarceration, depending on the severity of the crime.
If either party in a civil case disagrees with the outcome, they can make an appeal. In a criminal case only the defendant can file an appeal. If the defendant is proven innocent, they cannot be tried for the same offense again.
Whether your legal matter falls in the civil category or the criminal, it is essential to have a lawyer by your side to help you navigate the situation. The Knoxville Bar Association’s LRIS can help you find the right lawyer to suit your circumstances. Find out more by calling us at (865) 522-7501.
Choosing the right attorney to represent you or your business is one of the most impactful decisions you’ll ever make. The right attorney can make the difference between your business failing and succeeding. It can be the difference between an innocent or guilty verdict, and the difference between paying a fine or serving jail time. Your attorney is your advocate and your representation, so it needs to be someone you feel comfortable with. It needs to be someone trustworthy. It needs to be someone who understands your situation.
So how do you find the perfect lawyer? What criteria should you be looking for? And once you meet with a lawyer, how can you tell if it’s the right fit?
When you’re talking to your lawyer, you should feel like you’re both on the same page. You’ve probably heard someone describe a person as, “Oh yeah, so-and-so really speaks my language.” Your lawyer should speak your language. You should feel confident that when you express your needs, concerns, and expectations, they really get it. You should also make sure you feel like you understand the information they’re passing on to you. Legal issues are often complex, but a good lawyer can, in a sense, translate things out of “legalese” and into language that you can understand. Understanding each other is a matter of both communication and personality.
Your lawyer needs to be licensed to practice, of course, but he or she also needs to have the proper know-how in the certain area of law that you need help with. You should feel confident that they have the knowledge and ability to represent you well. A good lawyer works hard to stay up to date on changes to the law, and is willing to research the particularities of your case that may be less familiar to them.
You need to find a lawyer that you can afford because you do not want to find yourself in a situation where you cannot pay for the services you receive. You should understand your lawyer’s pricing structure before doing business together.
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