Experienced San Diego Business Attorney Ready to Serve You
Small Business in San Diego
San Diego is known for its entrepreneurial spirit and small business growth and development. If you own a small business, or plan to start one, it’s important to understand the nuances of running a small business, and have access to an attorney who can help you navigate those waters.
About Small Businesses
Many people think of a small business as a company that’s not a corporation or LLC. But that’s actually not the case. A business is considered “small” if it has fewer employees and less annual revenue than a corporation or regular-sized business. A small business can be a privately-owned corporation, partnership or sole proprietorship. A business is defined as “small” based on standards defined by the U.S. Small Business Administration. For example, if a business is in the wholesale trade industry, it cannot have more than 100 employees to be considered a small business. If it’s in the retail and service industry, it is a small business if it’s average annual revenue is $6 million.
How to Protect your Business
You’ve worked hard to establish your small business. Now it’s time to take the steps to protect your company. The two most important people to help you protect your business are an attorney and accountant. You may not need a business attorney all the time. But when it comes to protecting your small business from legal problems in the workplace, having an experienced attorney on your side is critical. You also want an accountant to take care of your bookkeeping, accounts payable and receivable, and to make sure you’re compliant with payroll requirements.
You also want to make sure you have the right insurance for your small business. Most businesses need some form of general liability insurance. Depending on the type of small business you own, you may also need errors and omissions (E&O) coverage or worker’s compensation. In today’s digital age, protecting your business includes safeguarding the business data. This includes backing up company data and documents on a secure server and assuring your passwords are strong.
Worker’s Compensation for Small Businesses
Most states require small businesses to have worker’s compensation insurance, even if you only have one employee. Worker’s compensation insurance provides coverage and expenses if there are workplace injuries and in case of lawsuits. If you do not carry insurance, and there is a work-related injury or legal claim, you as the owner will be personally liable for expenses and potential legal bills.
People often ask us about California Codes and what they mean for the average business owner. The California Codes are 29 legal codes defined by the California State Legislature. These 29 codes are what consist of California laws. The average business owner does not need to know every code and the laws that they contain. However, your business lawyer should be familiar with the codes and be able to advise you on legal matters that pertain to their area of specialization. Here are the 29 California codes:
- Business and Professions Code – BPC
- Civil Code – CIV
- Code of Civil Procedure – CCP
- Commercial Code – COM
- Corporations Code – CORP
- Education Code – EDC
- Elections Code – ELEC
- Evidence Code – EVID
- Family Code – FAM
- Financial Code – FIN
- Fish and Game Code – FGC
- Food and Agricultural Code (Formerly Agricultural Code) – FAC
- Government Code – GOV
- Harbors and Navigation Code – HNC
- Health and Safety Code – HSC
- Insurance Code – INS
- Labor Code – LAB
- Military and Veterans Code – MVC
- Penal Code – PEN
- Probate Code – PROB
- Public Contract Code – PCC
- Public Resources Code – PRC
- Public Utilities Code – PUC
- Revenue and Taxation Code – RTC
- Streets and Highways Code – SHC
- Unemployment Insurance Code – UIC
- Vehicle Code – VEH
- Water Code – WAT
- Welfare and Institutions Code – WIC
Unfair Business Practices
When owning and operating a business, owners should always be mindful of unfair business practices and do everything to avoid any type of impropriety with such practices. These include
misrepresentation, false advertising, misrepresenting free prize or gift offers, deceptive pricing, and noncompliance with manufacturing standards. California has a specific law in place that prohibits unfair business practices. The California Unfair Practices Act, which is part of the California Business and Professions legal code, prohibits “any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising.” Businesses who violate this code can be assessed up to $2,500 per violation if the victim is a senior citizen or is disabled.
Frequently Asked Questions
How long have you been practicing law?
I have been a practicing tax attorney for 13 years.
What is your area of specialty?
My area of speciality is tax law. In addition to my law degree, I earned a master’s in business administration with a specialization in forensic accounting. Additionally, I hold a master of laws in taxation from the University of San Diego School of Law.
Have you represented companies like mine?
I have rерrеѕеntеd hundreds of сlіеntѕ and companies like yours bеforе thе Internal Rеvеnuе Sеrvісеѕ (IRS), Franchise Tax Board (FTB), Emрlоуmеnt Dеvеlорmеnt Dераrtmеnt (EDD), and California Department of Tax and Fee Administration (CDTFA).
Who are the attorneys and paralegals at your firm that would work on my matters, and what experience do they have?
I will always work directly with you when it comes to matters of tax law. Through my partnership with Vanst Law LLP, we work with your business at every stage of operations, from formation onward, to help your business thrive and protect your bottom line. My partners have experience in business law, including new business formation, contract updates and litigation support.
How do you charge legal fees, and for what expenses will I be charged (e.g., faxing, word processing, copying, postage)?
We operate virtually: no long commutes to an office, no face time, no office politics. Our modern, virtual approach drastically cuts down the overhead costs normally spent on office space, paper files, cavernous lobbies and administration: cost savings that can be passed on to the client through lower billable rates.
Do you have sample legal forms, agreements, and policies that I can use for my business?
We do not have sample legal forms and agreements on our website because we believe every business has unique characteristics and needs. We will work with you to make sure your legal agreements and policies are the right ones for you.
What experience do you have in dealing with tax matters?
I have dedicated my legal career to helping people with their tax problems, including audits, collections and appeals. Tax issues can be overwhelming. I enjoy taking control of the situation to ensure problems are resolved correctly, ensuring that my client’s time and money is saved.
What kinds of advice do you give to businesses to lessen the likelihood of litigation?
Litigation can be a scary prospect. That’s why having an experienced litigation attorney will ensure your business is protected and you are not taken advantage of in the process.
What is the business buyer’s approach to conflict resolution?
I want my clients to have a satisfactory experience when it comes to their issues of tax law. I will work with you throughout the process and regularly keep you informed to ensure your needs are met.
How does the lawyer communicate with clients?
Communication is done through telephone and email. I always pick up the phone to have a conversation with my clients. The first step toward working together is a consultation. I encourage you to reach out to me here.