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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
About MeGraduate of Oglethorpe University, double major(Atlanta, GA)- 2004Graduate of Univ. of GA, School of Law (Athens,GA)- 2007Graduate of Kennesaw State University with aMaster’s in Business Administration- 2011I 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.)
About the FirmKendrick 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.)
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.
Tip #1:Know Your S.W.O.T.!Strengths, Weaknesses, Opportunities and ThreatsStrengths- 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?
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; and3. To form strategic partnerships.
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
Tip #3:Take an Overall Approach to Your BusinessDon’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.)
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.
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 *FacebookSpecifically contracts and agreements have legalmeaning and consequences.
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.
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.”
What do YOU value?ExerciseClose 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.”
Tip #7: Learn TQMTotal Quality Management (Ex. Toyota)= valuethroughout the entire service/product chainFrom Start Finish you are creating VALUE foryour client. MOST IMPORTANT: Feedback andFollow Up!Remember…A Happy Customer Doesn’t Sue Ex. KLP processes
Tip #8:Stay Out of Social Media Legal Troublewww.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”
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.
KLP’s NetConnecting NetworkWe 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
Tip #10:Form Strategic PartnershipsNOTES: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- Client2- GnT Partner
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.
Dar’shun N. Kendrick, Esq.(678) 739-8109 [office]email@example.com