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This powerpoint presentation is specifically designed for women.

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  • After greetings, give out above contact information TWICE.
  • KLP Example- Strengths- We are a niche service provider, only practicing business law specifically in the area of document drafting, document reviewing and negotiating services; Weaknesses- Our market is narrow; we cannot take on every client so our marketing has to be very tailored. Opportunities- Unemployment- More ppl. are starting businesses than ever before; Threats- Legalzoom and other online DIY document creation websites.
  • For example, I don’t do my own payroll services. Why? Because I am an attorney and not an accountant. For example, I don’t print my own cards. Not only would they not turn out right but the ink and paper alone would cost more than outsourcing; For example, I have a financial planner that I work with personally to make sure I can retire in 40 years comfortably. We refer clients to each other.
  • Raise your hand if you know what at least one (1) of these terms mean. Raise your hand if you know what five (5) or more of these terms mean. Raise your hand if you know what ALL of these terms mean. Raise your hand if you know what these terms mean in comparison with common law revisions and exceptions as it applies to Georgia law. Did you know that under the UCC Article 2 that a company can be entered as a party to a contract without a writing, simply by NOT objecting to an offer within a reasonable time?
  • Our “Business POWER Sessions” are designed to get you to think about: Formation and Revenue for tax implications. Employment Issues, Vendor Contracting Issues, Business Plan Check, Marketing Material Check, etc. Demographics, Social Media Campaign, Memberships, Future Plans, etc. No. of Employees, Priorities, Invoicing and Collective Practices, and other systems. Types of insurance you should consider like malpractice, E & O, D & O, property liability, etc. Taxes, Recording System, Financial Plans, A/Rs. Self-Imposed Requirement, Industry Requirements, Resources. Short Term Tactics Long Term Strategy Help!
  • Ideally the pages would be numbered but if not read the last sentence of each page to make sure the following page beginning sentences make sense. You don’t want to be missing pages! Some contracts you have to sign on EACH page but even then pages could still be missing so double check with the other side and read your contract to make sure it all makes sense. This includes what’s to be done by whom in what manner and when for what price. If you are the drafter, you can bold, underline or box in the essential terms to make it easier for both sides to understand and find the essential terms. What this means is that if you draft a contract, either you or an attorney, and the other side agrees to your contract and a dispute arises, if there is a way a judge or jury could interpret the contract either in your favor or the other side, more than likely the other side will win because they didn’t draft the contract..you did. The reasoning is that you should have been savvy enough to clear up any ambiguities in the contract and you didn’t so the law is going to essentially penalize you. Moral of the story: GET AN ATTORNEY so that there is little to NO ambiguity in a contract so this is not an issue. *Remember, KLP offers drafting AND review services. All this means is that the signature line should have your name, your title and under that your complete business name. If you are asked to sign something that does NOT contain this, you may be responsible as a personal guarantor IN ADDITION to your business being responsible for the contract. This may become useful later on for a number of reasons. There are types of authority that will bind a company, either express authority or implied authority. You can safeguard yourself by obtaining an official copy of the Articles on file with the SOS, a resolution by the Board, a written email from the President/CEO, etc. Otherwise, you may be entering into a contract with an individual, not a company and that individual may not perform under their contract and you only would have legal remedies against the individual, not the company. This stands for the Uniform Commercial Code and regulates the “sale” of “goods”; it is the law of contracts for the sale of goods but there are tricky provisions that covers merchants, which has its own legal meaning. You can have a contract even when you haven’t signed or rejected an offer. How? The UCC. Obtain an attorney to explain how that works in detail. It sounds elementary but some people don’t do it. Ask your attorney, whom I HOPE you have on retainer, to read the contract and explain, in detail, what everything means. Remember, ignorance of the law is not a defense in criminal law and certainly not one in civil law. Remember, once you sign on the dotted line, it’s a done deal especially if there is a merger/integration clause; no oral agreements are going to be admissible into evidence should something go wrong. This does not mean you have to obtain Counsel to negotiate your contracts (which I advise), review your contracts (which I advise) or set up your entity (which I advise). What it means is if you have to go through any legal proceeding (arbitration, court, send a statutory letter), your business MUST be represented by an attorney…not the CEO or President because the business entity is a separate legal entity. The CEO or President can represent themselves…but not their company. Be advised that the statute uses the language “corporations” as a requirement of those that must be represented by counsel HOWEVER, the same justifications the Court made in requiring corporations to obtain counsel, i.e. protection of SHs/investors’ interest, applies to any business where there are partners or members. Use your discretion . For more business and legal tips, join KLP on Facebook and Twitter. There are daily articles and legal business tips everyday as well as KLP promotions.
  • True Story: I am General Counsel for a non-profit organization. I reviewed the company’s finances for a project I was working on and found that MOST of their money was paid in litigation costs and settlement suits. I turned and said “It looks like you enjoy being sued.” The client said “Why is that?” I said “Because based on this, most of your money is going towards settling unnecessary lawsuits and attorney fees. Let’s stop this and stop it NOW.”
  • 1- Website displays how to follow us on LinkedIn, Twitter, and Facebook to receive daily tips and articles and specials. Additionally, we tell you why we are different than other law firms and legalzoom, namely that you have a personal attorney throughout the WHOLE process that you can rely on to answer your legal AND business questions. 2- Our “get started” page is easy to use and tells you which button you need to click on if you need (1) document drafting (2) document reviewing and (3) negotiating services. 3- There is a form that asks intimate questions about your business so that we can provide you with comprehensive business and legal advice and counseling for the same value price. 4- Within 24 hours after submission online, you receive a phone call with one of our attorneys that will ask you follow up questions and you can ask questions in return. 5- Within 72 hours after payment, your document is drafted, reviewed or negotiations started or it is FREE! 6- After completion of our services, we invite you to become a Premium Client i.e. allow us to be your General Counsel. Additionally we have our “Dispute Guarantee” where if any provision in a document that we reviewed or drafted is ever disputed, we will negotiate it on your behalf for FREE (does not include mediation and litigation costs) but won’t see that anywhere else because we are confident in our work. 7- A few weeks later, we send a survey asking “How can we improve? What was your experience?” TOTAL T.Q.M. from start to finish.
  • As a client, we SAVE you money by: 1) Providing access to legal AND business services for the same price 2) Warranting our work through our 3 point guarantee AND 3) Providing access to unique networking opportunities As a Partner, we MAKE you money by: Advertising on our social media networks; Asking you to co-host our monthly online radio show; Asking you to co-sponsor our weekly blog; Listing you on our website as a Partner; Listing you in our Welcome Package we give to business owners when I do presentation; Listing you as a “preferred vendor” for our “Walk In Wednesdays”; and Offering discounts to our quarterly social events with over 50 “movers and shakers” in Atlanta AND.. I give presentations FOR FREE (little known secret).
  • Questions/Answers

Transcript

  • 1. Presented by: Dar’shun Kendrick, Esq./M.B.A.Owner of Kendrick Law Practice (“KLP”), LLCwww.kendricklaw.net(678) 739-8109 [office]Monday-Friday; 8-6 pm
  • 2. About MeGraduate of Oglethorpe University, double major(Atlanta, GA)- 2004Graduate of Univ. of GA, School of Law (Athens,GA)- 2007Graduate of Kennesaw State University with aMaster’s in Business Administration- 2011I practiced for two (2) years at a downtown law firmas a civil business litigator for large business clients(Ex. American Express, Avis Rent-A-Car System, Dell,Discover Bank, City of Atlanta, Clark Atlanta, etc.)
  • 3. About the FirmKendrick Law Practice is a….(1) “Virtual law firm”- online atwww.kendricklaw.net; we have a “green pledge” (lesspaper, gas and resources)(2) That “Reviews, Drafts and Negotiates”-Eitherone of these services you can get for a FLAT fee;(3) Documents”- Not JUST legal documents(marketing material, business plans, proposals,etc.)
  • 4. This Presentation: Overview1. Mixture of BOTH legal and business tips Disclaimers:Limit of Practice: I am ONLY authorized to practicelaw in Georgia. What I say during this presentationONLY should be applied as to Georgia businesses andno other U.S. state or territory.Attorney-Client Relationship: Q & A will be at theend. I will only answer general questions, not specificquestions. Call the office for a FREE 15 minute phoneconsultation or PAID 1 hour business legalconsultation.
  • 5. Tip #1:Know Your S.W.O.T.!Strengths, Weaknesses, Opportunities and ThreatsStrengths- What are my company’s INTERNAL legalvalues and capabilties?Weaknesses- What are my company’s INTERNAL legalissues or problems?Opportunities- What are the EXTERNAL legal factorsthat are presented for making money and growing?Threats- What are the EXTERNAL legal factors that arepresented for losing money or stagnated growth?
  • 6. Tip #2:Hire An Expert (if needed)“He who represents himself has a fool as his client.”You can INSOURCE or OUTSOURCE but the pointis the same.THREE MAIN REASONS FOR OUTSOURCING:1. To focus on main capabilities [to keep you OUT oflegal trouble];2. To save on costs; and3. To form strategic partnerships.
  • 7. 10 Common Business Contract Terms1. Arbitration Clause2. “Time is of the Essence”language3. Indemnification Clause4. Merger/IntegrationClause5. Subrogation Clause6. Warranties &Representations7. Covenants not tocompete/Non-competeclauses8. Liquidated Damages9. Forum Selection Clause10. Guarantor/Surety
  • 8. Tip #3:Take an Overall Approach to Your BusinessDon’t get stuck in “daily duties” of“running your business” that you MISS the“forest because of the trees.”(Details matter but only in the overallcontext of your whole business.)
  • 9. 10 Point Analysis ThroughBusiness Legal Consultations1. Business Set Up and Formation Review2. Legal Analysis3. Marketing & Advertising Tactical Session4. Operations Management Critique5. Insurance6. Financial Analysis7. Continuing Business Education Review8. Short Term Goals9. Long Term Goals10. Follow Up & Recommendations* Sign up at www.kendricklaw.net/consultations.
  • 10. Tip #4:Take PRINT seriously!Five (5) people on Earth I don’t mess with: (1) God,(2) my mom, and (3) The I, (4) The R, and (5) The S.Documents include: Emails, Legal Documents, Non-Legal Documents, Faxes, Text Messages, Tweets,Posts, etc.Private  Public information *FacebookSpecifically contracts and agreements have legalmeaning and consequences.
  • 11. General Business Contract Tips:BEFORE YOU SIGN…1. Make sure you have ALL thepages to a contract—generally signature last page.2. Make sure the ESSENTIALterms are in the contract.3. BEWARE: Contracts based inGeorgia are construedAGAINST the drafter!4. Make sure the contract hasthe signature line in yourOFFICIAL capacity with yourcompany, otherwise youcould become a personalguarantor.*www.blogtalkradio.com/kendricklawpractice5. Save revisions of a contractas well as any othercorrespondence during thecontract process (emails,faxes, tweets, etc.)6. Make sure the other side hasauthority to bind.7. Make sure your attorneyunderstands the UCC Article2 and can explain to you.8. Read! Read! Read!9. Ask Questions! AskQuestions! Ask Questions!10. Under GA law, businessesMUST be represented byCounsel.
  • 12. Tip #6:Invest [to stay legal]!Particularly invest in (1) experts, (2) CLEs and (3)marketing (even doing rough times because yourcompetitors will act “logically” and cut theirmarketing budget) but if you act counterintuitively,you will have an advantage- guaranteed!“You can tell what a person values by where theyspend their money.”
  • 13. What do YOU value?ExerciseClose your eyes and reflect on your last month’sbank statement for your business.Where did the top percentage of your money go?True Story: $25,000 (average cost of litigating a breach ofcontract case) vs. $2,500 (average cost for me to draft yourcontract to severally reduce the risk of coming to this point)“A Marketing Plan is only a Plan without resources behind it.”
  • 14. Tip #7: Learn TQMTotal Quality Management (Ex. Toyota)= valuethroughout the entire service/product chainFrom Start  Finish you are creating VALUE foryour client. MOST IMPORTANT: Feedback andFollow Up!Remember…A Happy Customer Doesn’t Sue Ex. KLP processes
  • 15. Tip #8:Stay Out of Social Media Legal Troublewww.kendricklaw.wordpress.com (bi-weekly blog)Evolving, exciting and new law but BEWARE- Same trapsas before.Legal Issues: Harassment, Defamation (libel andslander), employment issues, IP issues, etc.“5 Social Media Mistakes and Their Legal Consequences”“Precautions to Take on Social Media”“Advice Before You Fire Someone Over a FB Post”“5 Fabulous Small Business Logos and How to Legally ProtectThem”“5 Steps to Create a Marketing Plan That Won’t Put You In Court”
  • 16. Tip #9:Continuously “net-connect”This is NOT “networking”!Networking tends to be about me! Me! Me! This isabout “You! You! You!”Active vs. passive engagement and CONSISTENCYis key!Things to Remember:Question to Ask: How can I HELP or ADD VALUE to this person?What sources do I possess to do that?Quality vs. Quantity: Walking away with 5 people I think I canhelp and know vs. 25 ppl. I can’t help and don’t know.Doing Business with People Not Businesses: People refer otherpeople (personalities) not necessarily businesses.
  • 17. KLP’s NetConnecting NetworkWe provide access to a number of opportunities and resourceson a CONSISTENT basis. For example...Monthly e-newsletter: Sign up by visiting www.kendricklaw.net (Over1,000 subscribers)Facebook: www.facebook.com/kendricklawpractice (850 “likes”)Twitter: www.twitter.com/kendricklaw (Almost 2,000 followers)LinkedIn: http://www.linkedin.com/in/darshunkendrick (Over2,500 connections)Weekly Blog Discussions: www.kendricklaw.wordpress.com (av. 75views)Consultations: www.kendricklaw.net
  • 18. Tip #10:Form Strategic PartnershipsNOTES:Not any old partnership---STRATEGIC is the keyword!“Partnerships” used loosely not based on an actuallegal relationship but mutual understanding.BEWARE: There is a LEGAL DIFFERENCE between alegal partnership and a joint venture. View blog for moredetails.Two ways:1- Client2- GnT Partner
  • 19. Women Related Issues1. Know Your Worth and STICK to it2. Don’t be afraid to ask for questions (men won’t doit) but ask strategically3. Ask for the sale! You won’t get it unless you ask.4. Don’t be scared to say “no” to anyone at anytimeunder any situation.5. You CAN do it all---have a career AND family.
  • 20. Dar’shun N. Kendrick, Esq.(678) 739-8109 [office]dkendrick@kendricklaw.net