Blog Archives - Page 9 of 13 - The Orlando Law Group

In the accounting world, there are a lot of software choices that can make or break any business. Some software stands out from most choices, however. Good accounting software is highly beneficial to a business, and enables accountants to help the businesses they represent in a number of ways. There are a few programs offered by accounting solutions, each of which is affordable, easy to use, and allow for significant transparency in finances.

Adaptable

One of the most useful parts of some accounting programs is that each one is adaptable to the business using it. Often, accounting software is created with general usage in mind, so that they can be useful in some way to most kinds of business. However, this means that they will include many features that are entirely useless or unnecessary for the company they are bought for. More intuitive software, on the other hand, is built from different parts or modules. The result is an accounting program that is tailor-made for the company it is bought for and it is easily adaptable to changing marketplaces. This also means that companies only pay for what they will use, and they can end up paying less for it.

Efficient and Easy

Top accounting software is put together in a very simple way that is easy to learn and operate; It takes nearly no time to learn how to use this software. This saves businesses time that would otherwise have been spent by accountants needing to learn their new software, and money that would otherwise have been spent covering likely mistakes due to unfamiliarity. Accounting software also allows for very easy data storage, so day-to-day occurrences can be checked easily and quickly. Despite the simplicity of the programs, accountants are able to be highly efficient. The software is able to perform tasks such as predicting spending patterns based on invoices while remaining versatile, fast, and easy to use.

Versatility

Possibly the most important factor of the program is that accounting software helps businesses in more ways than simple accounting. Some accounting software, being as unique as it is, is able to perform tasks that most other software can’t. For example, it is able to examine spending trends, commitments, and project budgets so that it can warn and advise project managers when they are approaching budget limits. It can file business taxes and generate financial reporting and data. This means you can manage financial operations anywhere on the globe. In essence, the software is its own manager, not entirely unlike having an extra accountant who can monitor entire projects with a guaranteed efficiency (and high work ethic).

From www.sme-blog.com to The Small Business Blog

April 18, 2017/by The Orlando Law Group

Celebrating International Women’s Day

In a few days, the world will pause to celebrate women. On Tuesday, March 8, we will link arms with women around the globe to celebrate the social, economic, cultural and political achievements of women.
More than just a cliché of “you’ve come a long way, baby,” the day is part of a broader movement to celebrate the varied contributions of women to society. In the United States, the observance is part of Women’s History Month. Why an entire month dedicated to recognizing women? A visit to the official National Women’s History Project (NWHP), reveals that the observance arose out of a void. According to the NWHP site, “As recently as the 1970’s, women’s history was virtually an unknown topic in the K-12 curriculum or in general public consciousness. To address this situation, the Education Task Force of the Sonoma County (California) Commission on the Status of Women initiated a “Women’s History Week” celebration for 1978.”

The festivities centered around March 8th, which had already been declared International Women’s Day.

The week-long observance eventually morphed in celebrations that lasted the whole month of March until finally in 1987, Congress declared March as National Women’s History Month in perpetuity. Since that time, a special Presidential Proclamation is issued every year which honors the extraordinary achievements of American women.

Despite all the strides women have made both here in the U.S. and around the world, there is still much ground to be gained. In fact, according to the International Women’s Day site progress towards gender parity has slowed in many places. The World Economic Forum predicted in 2015 that it would take until 2133 to achieve global gender parity. THAT’S 117 YEARS!

Why does it matter? We’d like to think that that it matters for many good reasons. Ultimately, gender issues should be rooted in the intrinsic worth and value of every individual. But, if that’s not enough to convince us, perhaps the bottom line will. The facts show that gender parity is linked to economic prosperity. It’s an economic imperative! Women’s advancement and leadership are central to business performance and economic prosperity. Numerous global studies on the impact of women in leadership reveal that profitability, ROI and innovation all increase when women are counted among senior leadership.

According to the movement for gender parity, there are three accelerators, working independently and together, that can change the trajectory of women’s advancement. They are as follows:

• Illuminate the path to leadership by making career opportunities more visible to women;

• Speed up culture change with progressive corporate policy, such as paternity leave and flexible working; and

• Build supportive environments and work to eliminate conscious and unconscious bias.

By marking an entire month and specifically one day, we celebrate the achievements of women while shining a light on the gender parity that still exists worldwide. Truth be told, celebrating the successes of women is especially near and dear to our hearts here at The Orlando Law Group. Our growing firm started with the vision of one woman and initially developed as an all-female legal team. While we have added men to the team over the years, we’re proud of our roots! Will you join us in pausing to highlight the women among us this month?

April 18, 2017/by The Orlando Law Group

So, You Still Haven’t Filed? Tax Do’s and Don’ts for You and Your Small Business.

Tax time certainly isn’t the most exciting part of running your own small business. In fact, for most business owners, bookkeeping, in general, is a necessary evil. Keeping receipts, tracking expenses, and knowing tax law is probably NOT the thing that drives you.

But, it needs to be done. And it needs to be done well. If tax season is typically a stressor for you, a little planning and effort might help your tax return go smoothly – even this close to April 15th. Here are a few tips for you to consider.

Don’t fail to file. Find out exactly what paperwork you need to file for your specific type of business. Keep your receipts, invoices, bank statements and other documents organized in case you ever get audited. If you need to backtrack to find your documents and get caught up, do it now. Don’t wait another second!

Do keep simple records of earnings and expenditures. Bookkeeping can be a very basic system: money in and money out. You can keep a spreadsheet or even just a ledger book. However, we strongly recommend an online accounting software package such as QuickBooks, FreshBooks, Wave or Zoho. With little to no investment, such a program can save you hours in time, and make your accountant’s life easier at year end. (Online reviews like this one will help you choose a software that works best for you.) No matter what method you use, you will need to break down how you spent and earned in order to get the information the IRS needs.

Don’t forget to claim for the costs incurred as a result of setting up your business, such as company formation costs or any equipment you may have purchased.

Do make sure you claim all the allowances you and your business are entitled to. These include everything from capital expenditures to claiming help with your business rates. If you are running a business from home, check into claiming expenses for a proportion of your home-related costs.

Don’t blend business and personal. Keep business expenses, income and accounts separate from all personal finances to avoid confusion.

Do consider hiring a good accountant. This might be our best piece of tax advice! A good accountant might become your most important advisor, and could even save you money in the long run. At this late date, you might be in a little bit of a crunch but consider these qualities in an accountant (as taken from the FedEx Small Business Center site):

Choose someone who is responsive and timely. A good indication of their responsiveness? How quickly they return your call or email. You want to be on their priority list, not their back burner.
Ask around for a personal referral. If a friend or family member endorses an accounting professional, odds are you’ll be in good hands.
Look for someone with experience in your industry. Many accountants specialize in a particular field. If you own a business, choose an accounting professional who understands your work.
Find one who’s right for you, personally. Like in picking a doctor or dentist, subjective preferences play a role. You’ll be forming a long-term relationship with this person, so if your communication skills clash, keep looking.

If tax time was a bit of a scramble for you this year, we’d encourage you to plan ahead and develop some good recordkeeping habits now in anticipation of next year. Stay up-to-date by reconciling bank accounts, updating your accounting system and maintaining your books so they’re current and accurate when you need them. Just 30 minutes a week can make all the difference when tax times rolls around next year.

April 18, 2017/by The Orlando Law Group

Why You Need a Real Estate Attorney When Buying a Home

All posts, Real Estate

For most people, buying real estate is the biggest purchase they will ever make. Before committing yourself to a contract that will affect your life and your wallet for years to come, hire a real estate lawyer. Why – when so much is at stake – would you purchase a property without knowing whether your rights to use the property are in any way limited? Why would you rely on a generic contract that was not written for your specific set of circumstances? And why would you sign it without understanding what everything in it means?

A lawyer will request that all of the documents in the public records relating to the property be provided for her review so that she can fully inform you of matters that will affect your use of the property, such as easements and restrictive covenants, and will be sure that you understand any limitations or restrictions prior to purchase. A lawyer can also develop ways to resolve title issues, such as unpaid liens affecting the property, to keep the deal from falling apart or closing from being significantly delayed. A lawyer can review the survey and discuss any items of concern with you. Realtors and closing agents cannot do these things since they cannot lawfully give legal advice. Wouldn’t you like to know while you could still back out of the purchase that you wouldn’t be able to build that pool you promised your kids because there is a conservation easement that prohibits making improvements in that area of the property? What about learning prior to purchase that the condo you are about to purchase is on the side of the coastal construction line where construction was actually prohibited? Do you want to take the risk of having to evict tenants who decide not to leave after you buy the property? If these are things you would like to know about and be protected from prior to making one of the biggest investments of your life then hire a real estate attorney when you are thinking of purchasing.

And hire that attorney before you sign the contract for purchase. Lawyers are experts in negotiations and contracts. A lawyer can – and should – negotiate changes to the standard real estate contract in order to protect your specific interests far better than a generic form contract would protect them. For example, there are many things that can affect the property in a way that would make it undesirable to you personally but that do not make it unmarketable under a standard real estate contract, such as the conservation easement discussed above. Therefore, you as a purchaser would likely still have to go through with the purchase after discovering those undesirable items under a standard real estate contract. However, a lawyer will know to adjust the standard contract so that all information necessary for a fully informed purchase will be received while you are still able to walk away from the transaction without repercussions. A lawyer can also negotiate to have some or all of your lawyer’s fees paid by the seller when you get the lawyer involved prior to signing the real estate contract.

Kimberly Hosley Agee, The Orlando Law Group, P.L.

August 11, 2023/by The Orlando Law Group

What should I do before buying a home in an HOA?

All posts, Real Estate

Beautiful houses. Well-manicured lawns. Good schools. Involved neighbors. These are a few of the perks that come with living in a community that has a Homeowner’s Association (HOA). An HOA is designed to protect the value of your home and maintain order in your community. For example, an HOA makes it tough for a guy like a cousin Eddie to park his dilapidated RV in front of your house during Christmas vacation.

Sounds perfect, right? Well, it might be. But, it’s also not for everyone. The very regulations that protect you, can also limit you or cause legal trouble for you. It’s important to make sure you know exactly what you’re agreeing to before you buy a home in an HOA. Most HOAs manage the common areas and amenities as well as all covenants, conditions, and restrictions (CC&Rs). There are three important documents for you to review before buying in an HOA: the CC&Rs, the homeowners association bylaws, and the HOA budget and financial statements. These, along with any HOA meeting minutes, will help you get a feel for exactly what you are agreeing to by joining the HOA.

Here are some things to consider about your potential HOA:

What are the membership dues? How likely are they to rise? When and how are they assessed? Do you need to factor a one-time capital contribution to your closing costs?
What do your dues cover? These vary greatly from community to community.
Does the HOA limit pet ownership? What about other animals like chickens?
How clear are the stipulations about the appearance of your home? For example, can you fence your backyard? Do you have to follow rules about lawn care? Can you paint your front door red? Where should you park your motorcycle?
Can you rent your residence to another party?
If you don’t meet HOA requirements and try to sneak a chicken coop on your property, can the HOA levy a fine? What is your recourse?
If you don’t (or can’t) pay your HOA dues or fines, what steps can the HOA take? Can they foreclose on your home?

CC&Rs and bylaws are extremely difficult to get around, so be sure to review these documents carefully before you buy a home. Be prepared for special assessments on community buildings, especially if they are older. If the roof needs to be replaced, the HOA might collect money from each homeowner to cover the cost.

Lastly, be aware that there have been charges of unscrupulous behavior against some HOAs. Check to see if there is any litigation pending against the HOA and take the time to check its financials as well as its recent assessments (for community fixes or upgrades).

Many people find the pros of an HOA outweigh the restrictions. Our recommendation is simply that you take the time to be sure you know exactly what you’re agreeing to BEFORE you buy your home. A little work on the front end can save you legal hassles down the road.

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April 18, 2017/by The Orlando Law Group

Is a Franchise Right for Me?

More and more people are looking to set up their own business, especially with the economic uncertainty and lack of jobs on a global scale. But setting up a business from scratch is not for the fainthearted. One in three new businesses fail within the first three years, often leaving a trail of financial devastation in their wake – which is why so many who want to reap the benefits of running their own business opt for the tried and tested franchise route. Well-known business models and familiar household names ensure that the franchise option for new business start-ups is a long-established and accepted path. Starting a business under a well-known and proven brand stands a greater chance of succeeding, than starting up from scratch.

The real estate market however is still buoyant – certainly in the estate arena at least. But owning an estate agent franchise is by no means a quick path to riches, and if you choose this franchise option, you will need to be energetic, motivated, a great communicator and possess real commercial tenacity to make it work for you – A successful business in real estate is as much about being good with people as it is about being good at sales – and you have to love both!

These days you don’t even need a high street base. Running your business online is becoming increasingly more viable, and the internet has taken its place in our lives as the oracle of all things real-estate. You can have a virtual shop, you can exchange virtual money, you can talk via email, Skype or text, pay by PayPal, you can take credit card payments with your mobile and conference call prospective tenants and landlords as long as you have a computer, broadband and a web-cam! Paperwork is paperless and the whole way we run and operate business has changed beyond all recognition.

Running a business without doubt requires the same, if not more commitment as you would apply to a job as a simple employee, but the difference is that you can, within reason, choose your own hours to fit around other commitments such as family or other jobs for example.

The private estate industry is growing exponentially, with fewer and fewer people able to buy their own properties turning to the rental market, so if you are willing to get your hands dirty and muck in wherever your business needs it, you’re keen to try new approaches, and to take on new challenges and have a great attention to detail your business will do well.

Source from www.sme-blog.com to The Small Business Blog

April 18, 2017/by The Orlando Law Group

How to “Divorce” Your Partner the Appropriate Way

It is a well-known saying that a business partnership is a lot like a marriage. Unfortunately, just like marriages, partnerships can fail. In fact, some statistics say that 50% of both end in divorce.

When they do, it is best for everyone to make it as amicable as possible. Business partnerships end for a variety reasons: personality conflicts, different styles of doing business, financial difficulties, new goals or lifestyle changes for one of the partners. As long as you haven’t had a huge falling out, your exit strategy can ensure that your interests in the business are protected and that you leave with a favorable reputation.

As with any relationship, communication is the key at every step – including when you choose to end the partnership. Your business partner should not be surprised when you decide you want to move on. If they didn’t already know that your goals were shifting or that you were discontent, you start the proceedings at a disadvantage. Communicate along the way. And, when you do decide to tell them, don’t use email or a phone call to avoid the tough conversation. A sincere face-to-face interaction will be best.

As well, if you know you want to move on, don’t wait too long to start planning. Ending a business partnership is not an overnight process, so keep a time-line in mind as you determine what works best for you.

There are several options to consider for terminating the partnership. Start by having a brainstorm session with a few of your trusted advisers on all the options. Two things will help this brainstorm. First, review your owner’s agreement. Before you went into business, you should have prepared an agreement. Revisit the document in detail so you know if possible options are already outlined. Second, determine the value of your business and what the financial ramifications are of selling or leaving the business in general.

You could simply offer to sell your partner your half of the business. Or, you could offer to bring in a third party whom you could groom together and sell that third party your half of the venture. If your partner is not interested in moving on without you, then you may opt to close your business and support each other in your new pursuits. The process will go smoothest if you can come up with a win-win. Determine what would be a win for you, a win for your partner and a win for you both. As in any negotiation, you need the other side to have some wins. So when you are ready to present your ideas to your partner, go in with a plan that allows you to make some concessions

There are a few practical considerations that will help should things start to get sticky:

Obtain a personal attorney. You won’t be able to use the company attorney because it would be a conflict of interest. Find a new attorney who will work with you exclusively. Have them go through all the details with you and coach you on possible outcomes, and then keep the attorney in the loop at every step of the way so that she can continue to anticipate and coach.
Consider all paperwork that needs filing, as well as all accounts that need closed. Make sure that all debts are all paid off, settled, or transferred to the new owner. Follow-through on whatever you have agreed upon, taking care to meet every financial obligation and other milestones on time.
Finally, once everything is agreed upon, announce it to your staff. Help stem any gossip by setting the record straight by telling them that you and your partner have agreed to go separate ways and what the plan is going forward. If the business is going forward without you, the change in leadership can be scary for your staff, so this is a critical time to show your confidence.

April 18, 2017/by The Orlando Law Group

The Orlando Law Group Launches New Title Company

All posts, Events

Orlando, Florida, Tuesday, January 19, 2016 – The Orlando Title Group is founded by The Orlando Law Group’s (OLG) Jennifer Englert and Kimberly Hosley Agee.

The Orlando Title Group will draw on the real estate experience of attorneys Englert and Hosley Agee to provide a new service to clients. The company will focus on providing title searches, reviewing surveys, verifing that the taxes on the property have been paid, providing title insurance, working with the mortgage lenders and filing paperwork with the County Recorder’s office after closing. They will also hold funds in escrow to be distributed to the proper parties at closing.

“We are very excited about the launch of this new company,” explained Orlando Title Group co-founder Jennifer Englert. “This new company made sense for us as a way to expand our client services in the Real Estate industry. In addition, the fact that we are attorneys will give us a leg-up since our experience allows us to look at the big picture for our clients.”

They are located at 12301 Lake Underhill Road, which is conveniently situated near the 408 and 417.

“The Orlando Title Group allows us to continue to better serve real estate clients in the Central Florida area,” said Kimberly Hosley Agee, co-founder of the Orlando Title Group. “We are thrilled to be part of the process in helping people with one of the largest purchases they will make, a new home.”

To find out more about The Orlando Law Group visit www.theorlandolawgroup.com.

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About The Orlando Title Group:
The Orlando Title Group, LLC was founded by Attorney’s Jennifer Englert and Kimberly Hosley Agee in 2016. Its mission is to help clients determine the validity of a property’s title and to ensure the transfer of a clean and marketable title. Their goal is to make the home buying/selling experience a smooth process for their clients.

About The Orlando Law Group:
The Orlando Law Group (OLG) was founded by Attorney Jennifer Englert in 2009. Its diverse team of attorneys have a wide breadth of experience which allows them to protect their client’s rights through the evolution of their business, as well as personally while they progress through all stages of life. Over the years, they have created a stellar reputation in the community as professional legal experts who believe foremost that planning ahead is the best option for their clients, as their aim is to minimize the number of potential disputes and costs of litigation. The Orlando Law Group is more then a legal team, they’re your life-long partner who will work with you to build a relationship while creating solutions that work.

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April 18, 2017/by The Orlando Law Group

How Your Business Could Benefit from Mobile Shredding Services

All businesses, whether large or small, will produce or possess sensitive information. This data must be kept confidential in order to protect the interests of an organization. If you do not dispose of this data in the right manner, it could compromise your company as well as your clients. It is important to get rid of any valuable documentation through a secure process.

There are a wide variety of mobile document shredding services available to consider, and with the efficient destruction of data in a timely fashion, your company will be in accordance with privacy legislation and your client information stays safe. Sensitive data could include letterheads, invoices, tax forms, contracts and bank statements. Hard copies of data, published by hospitals and law firms, for instance, deal with confidential data on a daily basis and to avoid fraudulent use, they must make sure to destroy this data in the right way.

Your business could benefit from mobile shredding services in the following ways:

Large amounts of data can be disposed of quickly and smoothly.
It is cost effective as you do not have to manage in-house data disposal.
It leads to less clutter and efficient business management.
A business manages to stay environment-friendly as all shredded documents will be recycled.
An organization can avoid identity theft and fraud.
Business processes become cleaner and easier to handle.
Data can be shredded onsite which is more convenient for the business or company.
Secure containers which ensure that all confidential documents remain safe from a breach of security.
You can witness the shredding process first hand.
Shredding of all kinds of material including computer disks, hard drives, paper, cassettes and more.
All shredding is managed and operated by experts.
A Certificate of Destruction will be provided on-the-spot.

Prioritize your business requirements and keep your data protected.

Source: www.sme-blog.com to The Small Business Blog

April 18, 2017/by The Orlando Law Group

New Year? Maybe it’s Time for a Check-Up

With the start of a new year just behind us, many people have been taking the time to reflect on the past year and re-prioritize their objectives as they head into 2016. For many of us, we have a goal of kicking off the new year with renewed vigor and a clear mission. We make lists and think of personal habits and business changes we want to make.

But, it’s also important to make sure your own affairs are in order. One important item to add to your 2016 list should be getting an estate plan checkup.

Everyone has an estate, and every estate needs a plan. Whether you consider yourself rich or poor, when you die you will leave behind assets. Your estate might include cash and investments, real estate, tangible personal property, or even an interest in a business.

At its most basic level, an estate plan determines how your assets will be distributed to those you leave behind when you pass away. Because of the ever-changing nature of tax laws, financial markets and the economy, an estate plan checkup is an important activity to revisit. Even if you already have an estate plan, it is imperative that you revisit that plan in order to ensure that it remains relevant under your current family and financial circumstances.

Just like an annual visit to your physician, a periodic review of your estate plan can either reinforce the fact that all is well and in order, or it can uncover the need for additional attention to return your plan to a healthy state. Keeping a keen eye on your plan will go a long way in avoiding disputes between your loved ones, as well as managing the amount of your hard-earned dollars that must go to cover federal and state estate taxes.
No matter what your net worth, a basic estate plan should include a valid will, durable power-of-attorney, health care power-of-attorney, and a living will. Some situations might also make it desirable to use a trust or series of trusts to accomplish your goals.

An estate plan check-up involves a review of the terms of all of these documents, with a particular focus on determining whether the persons you named to act in your absence remain appropriate, and whether the plan for distribution of your assets is still what you desire.

In addition to the implementation or review of your documents, your estate plan check-up should look at related issues such as the desirability of life insurance, disability insurance, or long-term care insurance, as well as the ongoing impact of pre-nuptial agreements or any other documents that affect your assets.

Estate planning is not a static event that you grudgingly do once and then forget about it. On the contrary, estate planning is a continuing process, because life is a moving target that is full of constant change, so your estate plan needs to change as your life changes. A periodic checkup will insure that all is healthy as you move into the future.

April 18, 2017/by The Orlando Law Group

The Legal Aspects of Setting up a New Business

Business Law

Beginning a new business can be an exciting process, but the legal aspects of it can be quite intimidating. Often, asking business solicitors for advice and aid can be a good way to get everything in order. If you are wondering what sort of questions you should ask when getting law advice for your new business, consider the starting points below.

Commercial Property

Any business, even one that focuses mostly on online activities, needs a physical location to get started. The decisions about whether you want to buy or lease an office space and what sort of zoning permits you need are among the first and most significant legal questions you will face. Business solicitors can help provide advice on mortgages, lease extensions, the repurposing of property, and contract negotiations regarding commercial buildings.

Employment Law

How do you plan to handle the hiring process for your business? Even a start-up company that includes yourself and a few friends will need to expand the staff if it is successful. Any sort of hiring process requires you to know about human resources laws and regulations in your area, redundancy procedures, and contract law. There is a need to make sure that the hiring process is fair at all times, but also to ensure that you are protected from people who try to unfairly take advantage of the system.

Partnerships

Most businesses start up as a small group of individuals, but they can grow quickly. When that happens, it’s important to determine a hierarchy of authority and to think about how you want to handle present and future partnerships. You should seek out advice on what personal investments should be required from each partner, how profits and losses need to be allocated among the different people involved, and how much flexibility you want in terms of altering the partnership. Remember also that successful business people starting a new business can be an exciting process, but the legal aspects of it can be quite intimidating. Often, asking business solicitors for advice and aid can be a good way to get everything in order. If you are wondering what sort of questions you should ask when getting law advice for your new business, consider the starting points below.

Commercial Property

Employment Law

Partnerships

Most businesses start up as a small group of individuals, but they can grow quickly. When that happens, it’s important to determine a hierarchy of authority and to think about how you want to handle present and future partnerships. You should seek out advice on what personal investments should be required from each partner, how profits and losses need to be allocated among the different people involved, and how much flexibility you want in terms of altering the partnership. Remember also that successful businesspeople tend to get many exciting opportunities once they’ve established themselves. In case it’s time for someone to move on, advice on dissolving partnerships is also useful.

Protection from Crime

Business crime can take many forms, including embezzlement, security breaches, or even physically dangerous situations such as robberies or arson. Business solicitors can help provide you with advice on where your potential vulnerabilities as an organisation are and how you should go about protecting yourself. For example, if your business requires you to have a lot of cash on site, you need to make sure you invest more in security and look into the proper levels of insurance to protect not only your interests but also the interests of your clients and customers.

Having somebody who knows about the ins and outs of business law is an important step that you can take to protect your fledgling company from the perils that await many new businesses. There are many legal aspects to consider, and no matter how excited you are about the possibilities of your new company, it always helps to have somebody else give their advice and opinions.e tend to get many exciting opportunities once they’ve established themselves. In case it’s time for someone to move on, advice on dissolving partnerships is also useful.

Source: www.sme-blog.com to The Small Business Blog

April 18, 2017/by The Orlando Law Group

Business Takeover Disasters!

The process of taking over another company can be a very exciting time for you and your business, but it can very quickly turn into an unpleasant experience with serious lasting consequences. Here are some of the biggest mistakes made by companies during takeovers:

Inadequate due diligence – You need to have done extensive research into the finances, existing contracts and liabilities of the company you are buying in order to avoid lawsuits, extra expenditure or loss of sales.
Ignoring the culture of the target- If you underestimate the importance of culture then you are likely to experience some clashes, as no two companies will ever seamlessly fit together. To avoid misunderstandings and conflict from the beginning it is best if you set down a clear and consistent policy favoring the dominant culture.
Forgetting to keep customers informed – You will need to reassure customers that the takeover is in their best interests because your competitors will attempt to unsettle them during this period.
Failing to retain key employees – It is possible that competitors will also try to steal your best employees at this time by playing on insecurities they have about their own future within the company. You must reassure them and also be forthcoming about job cuts because an atmosphere of uncertainty will lead to false rumors spreading.
Overpaying for target – Do not get carried away and end up paying far above the market value of the target, especially in e-business where it can be easy to over-estimate the value of a company because of the amount of potential you believe to be there.
Bad leadership – Without a clear and powerful leader to drive the takeover forward it will stagnate. Make sure that if you are creating a combined managerial team from the two companies everybody is sure of their role.
Not understanding foreign markets – A cross-border merger can easily fail if you simply assume that things are the same in another country. Legislation or consumer attitudes towards products and advertising can be vastly different.
Poor IT integration – This process is never as simple as just swapping one IT system for another. In order for the transition to go smoothly it will require a lot of planning.
Failed brand consolidation – It will be important for you to have a clear idea of how you want to manage the new brands you acquire. Maintaining a brand can be expensive in marketing terms so you may wish to drop some entirely.
Mis-timing the takeover process – You will need to get the timescale just right in order to be successful. Rushing to completion could ultimately result in a poor merger with aspects overlooked, but going too slowly will only extend the period of upheaval further.

The best advice for completing a takeover successfully is to consider all the areas that could potentially go wrong and make sure you have a comprehensive action plan to guide the company through this period.

Source from www.sme-blog.com to The Small Business Blog

April 18, 2017/by The Orlando Law Group

Spreading Yuletide Cheer? An Employer’s Guide to Navigating the Holiday Season

All posts, Employment Law

As the year winds down, we find ourselves in the middle of another holiday season. For many Americans it is a time steeped in tradition and festivity. In addition to family celebrations and time with friends, December also brings many company activities. For example, many companies organize holiday parties, decorate their offices, host parties or even set-up secret gift exchanges among coworkers. Usually these events are organized with good intentions in hopes of fostering a fun work environment. In truth, such activities can be a huge “win” by offering opportunities to celebrate the successes of the year, building community within the workplace, and growing a strong reputation. Many employers, however, do not realize that there are also some potential risks involved with observing holiday festivities.

While you don’t have to cancel the holiday fun, there are several issues employers should proactively watch and plan for during this holiday season.

Party Planning. While holiday parties are festive (and should be), each one holds a minefield of potential embarrassment, regrettable behavior, and, in worst case scenarios, discrimination and harassment lawsuits. Employers can safeguard against these claims in many ways. For example, it might be wise to send a memo to employees before the holidays reminding them that the company’s dress and behavior codes – and harassment policies – still apply to an off-site, after hours, company-sponsored event. Examples of bad party etiquette usually stem from too much free alcohol and include things like the odd lewd remark, an offensive joke or inappropriate touching. These can all lead to complaints of sexual harassment or misconduct.

It’s important to note that mandatory holiday parties are considered work, so you can be held responsible for any injuries at the party. Make sure your business insurance will cover any injuries sustained during holiday events. Employers should also be aware of the potential for accidents and liability and take reasonable steps to avoid them.

Additional Time Off. The holiday season can also upend issues related to time off. As employees take extra time off to shop and prepare for the holidays, problems might arise from long lunches, leaving early, and arriving late. While there is no need to be a Scrooge, employers might want to take this opportunity to note the importance of timekeeping. Make sure everyone is treated equally and consistently to avoid any misunderstandings or possible discrimination.

As an employer, you might also find yourself dealing with issues of conflicting holiday requests from staff. Strive to balance holiday requests against the operational needs of your business. Staff will have to accept that they can’t all take the same time off!

Religious Sensitivity. There is no way around the fact that, for many, the holidays are rooted in religious traditions. Christmas, Hanukkah, and Kwanzaa are all reasons to celebrate. But, keep in mind that not everyone observes those traditions. For example, Muslims and Jehovah’s Witnesses do not participate in those celebrations. Employers would be wise to consider various options to minimize hard feelings. Make sure that gift giving and holiday parties are voluntary in nature so that those who choose to abstain from celebrating for religious or cultural reasons are not made uncomfortable. Also, employers should be conscious of religious symbols or phrases in the workplace.

Don’t let the worries of liabilities or risk keep you from enjoying the season! You can celebrate without overstepping the boundaries. By ensuring that some of these eventualities have been considered and prepared for, everyone can relax a bit as the year winds down.

April 18, 2017/by The Orlando Law Group

Computer Monitoring Software in the Office

There are many ways to improve productivity around the office, but a problem that has been growing over the years is what employees get up to on their computers as soon as the bosses back is turned. It may be that single employee who you have an inkling is spending too much time on Youtube, or you may think you have an issue with your entire workforce. Whatever reason there is, a lot of companies have turned to computer monitoring software for help.

Computer monitoring software does exactly what it says on the tin: it monitors all activity that happens on the machine it is installed on. And if necessary it can also do this in secret. The first thing that comes to mind for most people when discussing monitoring software is legality and morals. Is it legal to install this type of software on employee’s computers? Yes, although every countries laws differ, in the vast majority you can install monitoring software on any computer you own. This of course means that if you have a boss to answer to you should get their consent first. The morality of installing this type of software depends on the individual and the severity of the situation. In some countries you must inform your employee(s) that they are being monitored, in others it’s up to you, so check your local laws before starting.

So what about the software itself -how does it work and what exactly does it do? There are a few different types of monitoring software, all can be downloaded and installed very easily. The more computers you want to install it on the longer it will take, but it should only take a few minutes for each machine in the office. The two types mentioned here are computer monitoring software and office monitoring software, and what you want to achieve will determine which you’ll need to go for.

Computer monitoring software is (usually) used to monitor a single computer. Once installed on the computer it will monitor everything, including websites visited, applications used, document and file activity (that’s anything opened, saved, moved or deleted), anything typed and anything printed (features vary from developer to developer but this is a standard set of features). You can set the software to run in hidden mode, so that no sign of it will be seen in places like the start menu, task manager or program files directory, or in visible mode so that an icon in the tray will let the user know they are being monitored. Either way you’ll need a password to access the interface. To view the results you can either log in on the actual machine, or set the software to send the reports to you via email every X seconds/hours.

Computer monitoring software should be used if you’d like to monitor either a single or a few computers. The other option is office monitoring software, which works in the same way as computer monitoring software but has a few extra features. Be warned, office monitoring software can get expensive depending on the amount of machines you’d like it installed on, but it does have its advantages.

As well as the above features, office monitoring software can be installed on each machine and controlled and viewed from a single computer (yours, for example). From there you can monitor each computer in real time; seeing a mini screen for each computer you own. You can also control each computer from your own, which is helpful if an employee has a problem that they need your help with. The main difference between the two types is that having office monitoring software being controlled from one single computer makes it easy to manage the entire office, rather than logging into each computer to view the logs, or waiting for an email. Office monitoring software is recommended for an office that has 10 or more computers that need monitoring.

As you can see, each type of monitoring software has its merits. If you’d like to monitor a handful of computers at home or at the office (up to say 10), you should be using computer monitoring software, but if you have a large office where you feel that all round productivity could be improved choose office monitoring solutions.

Source from www.sme-blog.com to The Small Business Blog

April 18, 2017/by The Orlando Law Group

Staying Secure While Shopping in Your Jammies

All posts, Consumer Law

While many people enjoyed the thrill of Black Friday and other holiday shopping steals this past weekend, more and more people are turning to online shopping for their gift-giving. And why not? You can shop, even at midnight, wearing your jammies! No waiting in lines or looking for an open register. You can comparison shop, find the perfect size, and make your purchases in minutes even if you are busy. Not to mention that many online retailers now offer free shipping deals.

But, what of the dangers? Between phishing sites (where thieves attempt to swindle you out of your sign-in credentials and financial info by pretending to be a real website), malware (malicious code aimed at compromising your privacy) and cyber attacks (when hackers infiltrate a company’s computer information systems), online shopping can feel a little too risky.

While those threats are very real, a few simple precautions will go a long way in protecting your privacy while you enjoy your online shopping.

First, use common sense. If a deal is just too good to be true, it probably is. While companies have some wiggle room to discount items and offer holiday bonuses, they still need to be profitable. They can’t afford to give their products or services away anymore than you can.

Second, start at trusted sites. Do most of your shopping with retailers you know and trust. If you’ve stumbled on a deal on a lesser-known site, check its credentials. PCWorld recommends that you “look for the lock.” According to their site, you should never buy anything online from a site that doesn’t have SSL (secure sockets layer) encryption installed. SSL encrypts data and breaks it up into small pieces so that the information cannot be read by anyone wanting to intercept it. You’ll know if the site has SSL because the URL for the order page for the site will start with HTTPS:// (instead of just HTTP://). An icon of a locked padlock will appear, typically in the status bar at the bottom of your web browser, or right next to the URL in the address bar. You can also check site reviews and look for signs of certification such as third-party seals of approval (like Truste).

Third, ignore pop-up ads and spam links. These are designed to lure you away from trusted sites. Along the same lines, be wary of online contests or giveaways that ask for your personal information. Never give more personal information than is absolutely necessary. Again, it is best to stick with retailers you know and trust.

Fourth, don’t do your shopping while you’re at Starbucks or some other public Wi-Fi. Using public Wi-Fi for online purchases puts your information at risk. Hackers can access information people use on public networks – including email and credit card information. For your safety, always use a password-protected network to make purchases and access bank information.

Lastly, only pay using credit cards. When it comes to online shopping, credit cards are a safer choice than debit cards. Credit cards tend to offer an extra layer of protection as they don’t directly remove funds from your own bank account. If your debit card gets compromised, the hacker has direct access to your checking account and can spend your money instantly. On the other hand, credit card companies will work with you to track down fraudulent charges and remove them from your account.

Despite some of the risks associated with online shopping, it can be a great way to find the prefect gifts for your family and friends. There’s no doubt that it’s here to stay. In fact, some view it as the future of conventional shopping. So, continue to enjoy getting your shopping done in your jammies. Just make sure you’re smart about it.

February 6, 2022/by The Orlando Law Group

The Orlando Law Group Announces Opening of New Office in Waterford Lakes

All posts, Events

Orlando, Florida, October 26, 2015 – The Orlando Law Group (OLG) is pleased to announce the official grand opening of its third location, having recently opened an office on the corner of Lake Underhill Road and Alafaya Trail in Waterford Lakes. To be held December 3, the grand opening will include a ribbon cutting ceremony and an open house for the community.

Since its founding six years ago, OLG has grown to a team of seven attorneys and has become known for delivering results and advice in a professional, warm atmosphere that sets clients at ease. The growth that has come with that reputation was the impetuous for the opening of a new location.

“So much of the success that we have experienced has been a result of our commitment to put people first,” explained OLG founder Jennifer Englert. “This new office reflects that as it better meets the needs of our people – its location is more centrally located in East Orlando and it is a little larger to accommodate the growing needs of our client base.”

Located at 12301 Lake Underhill Road, the new location is conveniently situated near 408 and 417.

“We look forward to rolling up our sleeves and becoming a part of a new community,” Englert said, reflecting the firm’s commitment to serving the communities in which its employees live and work. At their other locations, lawyers and staffers at OLG are frequently found donating their time and money to local causes. This new office will continue in that tradition.

“We are very pleased to welcome The Orlando Law Group to Waterford Lakes,” said Stephanie Larret, President of the East Orlando Chamber of Commerce. “I am truly grateful for the civic spirit and service they will bring to our community.”

The firm will host a grand opening ribbon-cutting ceremony to officially open its new home on December 3 from 5:30 to 7:30. The community is invited to join in the celebration and meet the attorneys at 12301 Lake Underhill Rd, #213 in Orlando. The festivities will include food from local vendors and raffles.

To find out more about The Orlando Law Group and all three of its offices visit www.theorlandolawgroup.com.

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April 18, 2017/by The Orlando Law Group

How Knowing Basic Employment Law Can Help In The Workplace

All posts, Employment Law

Knowing your rights at work is of great importance; it ensures that both parties, employers and employees, are adhering to current government laws. However, it can sometimes be tricky knowing how many hours (by law) you can work in a week? Or how many days holiday your employees are actually entitled to? Within each company this is normally covered by HR (human resources) or line managers. They are the ‘go to people’ for this legal information.

What are the basic rights in the workplace?

Your rights at work will always depend on two factors: your statutory rights and your contract of employment. It is always courteous to remind employees to read through their contract thoroughly before signing. It is advised to encourage employees to contact you if they are unsure of anything in the contract, whether this is a particular clause or perhaps phrasing that they might not fully understand. This creates good rapport between you and your future employee.

As a company it is your responsibility to provide the employee with a copy of their rights and contract of employment. They can then refer to this as and when needed.

Why should your company know the basic employment laws?

Knowing employment laws inside out ensures your company is aware of the rights and responsibilities as well as looking after employees in the best possible way. Employment law is a complex area and therefore requires knowledge, structure and revision; keeping up to date with new developments and policies. Laws change year on year so regular employment law training can be of great benefit to your organisation or business.

Keeping your company up to date with employment laws

Employment law training ensures HR practitioners/line managers gain, or update and review their employment law knowledge on a regular basis. New legislation is always being introduced so it is therefore good practice to be aware of these and enforce them in the workplace.

Staying up to date with employment laws will help you avoid any pitfalls as getting it wrong can be extremely costly. Protect your company and employees from today onwards with regular training and qualifications.

Source from www.sme-blog.com to The Small Business Blog

April 18, 2017/by The Orlando Law Group

From Pumpkin Pie to Humble Pie

“I would maintain that thanks are the highest form of thought; and that gratitude is happiness doubled by wonder.” G.K. Chesterton

For most of us Thanksgiving conjures up all sorts emotions. For many of us, it’s a holiday – a little pause from the daily grind. The kids are off school. The banks are closed and the mail takes a break. Many offices and stores are even closed. Maybe for you it means a day of watching football games or the Macy’s day parade. It probably means gathering with family or friends to eat a great meal together. It might even mean reflecting on our great nation’s history and good fortune.

But, did you know that the idea of giving thanks is even bigger than all of that? The practice of gratitude actually makes for greater physical and psychological health. Recent studies are actually proving that gratitude is more than just the polite thing to do or a holiday to be celebrated once a year; in fact, the science is showing that gratitude is actually good for us all the time.

So, what do we mean when we talk about giving thanks? For what? To whom? The leading expert on gratitude is Dr. Robert Emmons. He’s been studying its effects for more than 10 years. He says that an attitude of gratitude begins by affirming that the world is full of good things, gifts, and benefits we’ve received. He clarifies that it’s not so much appreciating our own positive traits, but it involves what he calls a “humble dependence” on others. Which makes sense because, when you think about it, a lot of what we’re grateful is by the hand of others.

So what can an attitude of gratitude actually do for us? Some researchers list as many as 30 things. We’ll just whet your appetite with five.

Increased well-being. Taking just five minutes a day to journal your gratitude can increase your long-term well-being by more than 10 percent. According to some researchers, that’s the same impact as doubling your income!
A stress buster. It’s no secret that stress is pretty bad for us. It’s linked to several leading causes of death, including heart disease and cancer. It claims responsibility for up to 90 percent of all doctor visits. According to Emmons, gratitude research is beginning to suggest that feelings of thankfulness have tremendous positive value in helping people cope with daily problems, especially stress. Speaking of stress, writing thank you notes has been shown to ease stress, reduce depressive symptoms, and encourage people to be more mindful of what makes them happy.
A better personality. Daily discussion of gratitude results in higher reported levels of alertness, enthusiasm, determination, attentiveness, energy, and sleep duration and quality.
A healthier heart. Researchers at the University of Connecticut found that gratitude can even curb heart attacks. Studying people who had experienced one heart attack, the researchers found that those patients who saw benefits and gains from their heart attack, such as becoming more appreciative of life, experienced a lower risk of having another heart attack.
Stronger relationships. Other studies have examined how gratitude can improve relationships. Where gratitude abounds, marriages are healthier and employees are happier and harder working.

Gratitude takes practice like any other skill. Thanksgiving Day is a good time to start, but if you want to reap all the benefits, we’d encourage you to keep practicing after that.
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*Have we got you curious? For more information about the science of gratitude, you can visit your local library and check out Emmons’ book, Thanks!: How the New Science of Gratitude Can Make You Happier.

April 18, 2017/by The Orlando Law Group

Steps To Patent Your Idea

Coming up with a great invention idea is fantastic, however trying to figure out what next steps to take isn’t always easy! The United States Patent and Trademark Office doesn’t technically patent ideas, however it’s easy to get around this with the right application materials. Let’s look at how to patent your idea and get the invention process started!

Perform a Search

The first step any would-be inventor must take is ensuring their idea is original. While a Google search is helpful, your best proverbial bet is browsing the official U.S. Patent and Trademark Office website for ideas similar to yours. The office’s website provides plenty of information on this topic, including step-by-step instructions for performing a search. Information on how to determine if your invention is “patentable” is also available.

If you find an idea too similar to yours, don’t give up! Many inventors have this issue, and there’s nothing wrong with starting over–it just means your next big idea is on its way!

File a Provisional Patent

The best way to “patent an idea” is to file a provisional patent. Such a patent allows you to further develop your idea without worrying about another stealing it. A provisional patent also allows you to look for funding, and are less expensive than “regular” patents. You’ll have a year starting from the file date to work on your invention and can use the words “patent pending” to describe your idea.

File a Non-Provisional Patent

A U.S. non-provisional patent is a standard patent. The U.S. Patent Office recommends filing for this patent separately from your provisional patent rather than trying to “convert” one to the other. This provides you with more time and protection. Remember to mention your provisional patent in your application, which should include detailed explanations of your invention, how it functions, why it helps consumers, etc. Include drawings of your product–if you aren’t an artist, have a skilled (and trusted) friend or family member assist you. Fees and wait time vary according to year and how you choose to send your application. Electronic applications usually feature shorter wait times, and you’ll receive a digital certificate and customer number.

from www.sme-blog.com to The Small Business Blog

April 18, 2017/by The Orlando Law Group

Guardian Advocacy Bootcamp

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August 9, 2023/by The Orlando Law Group

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April 18, 2017/by The Orlando Law Group

When Custody Issues Threaten You Holiday Traditions

When Custody Issues Threaten Your Holiday Traditions

The holidays are often synonymous with the idea of traditions. Traditions are those little rituals that are passed down from generation to generation. For many people, traditions give a sense of unity, warmth and closeness. Oftentimes their consistency represents security.

That can be a little disconcerting if you’re in the midst of or have recently been through a family breakup. The traditions that you made the effort to cultivate in years past, might be turned upside down by the new realities of shared custody. For example, it may be that the children have always spent Christmas Eve with you at your parents’ house. Or maybe you always made cinnamon rolls on Thanksgiving while you all watched the Macy’s parade together. Perhaps the children have never been away from you on the holidays.

These rituals that once provided comfort can easily become a sticking point for divorced (or divorcing) parents. The reality is that your traditions will probably have to change in order to incorporate both parents and their extended families. Here are a few tips to make the coming months a little easier for everyone:

1. Don’t be afraid to start new traditions with your children based on your custody agreement. For example, if you don’t have custody of your children on Thanksgiving, create a new day-after-Thanksgiving meal, followed by a game night. Invite your family and make it into a fun event that your children will look forward to every year.

2. Take the time to explain some of the new plans to your children so that there are no surprises. Children are more adaptable than we often assume. Sure, they might miss some of the old traditions but they don’t need things to stay exactly the same. What really matters most is that they sense that they are loved and that they feel secure in the midst of this time of transition.

3. Be sure to review your custody order ahead of time. If you have a custody agreement, check it now. It is very common for holidays to be rotated annually. Be prepared to stick to the plan, right down to the drop off time and place. If your custody order is ambiguous or you can’t remember who had which holiday last year, communicate with the other parent and see if you can reach an agreement so there is no confusion on the actual holiday.

4. If you would like to request a change because of special circumstances, make your request early on. One of the keys to insuring that custody arrangements are tension-free is for parents to communicate with each other and plan the holiday well in advance.

5. Never put your children in the middle of any holiday disputes. If you and your ex cannot reach an agreement as to who will have the children on Christmas, don’t put the children in the awkward position of asking them where they want to be or letting them know how distraught you feel about the situation.

The best gift you might give your kids this holiday season, might just be the peace you convey and the tone you set during this time of turbulence and change in your family traditions.

April 18, 2017/by The Orlando Law Group

How Should I Legally Structure My Startup Business?

Along with the countless other things a start-up has to deal with when setting up a company, there is the major decision of how the company should trade legally. Establishing it correctly at the outset is crucial and could eliminate many issues along the way. It could also have profound implications for the financial future of a start-up and the company.
Essentially there are four types of business structure:-
• Sole trader
• Partnership
• Limited company
• Limited liability partnership

A sole trader is someone who conducts a business or trade and has made no arrangements to be any of the other three types of business format. There is no mandatory central registry of sole traders so your affairs are entirely private. All the profits are counted as personal taxable income, the business assets will be personal property and the amount of tax payable is the same whether or not money is drawn out of the business. The owner is personally liable for any business debts or any other legal claims that may arise, such as product liability.

A partnership is where two or more people agree to trade as a unit and are essentially “sole traders” who share the profits and losses. There is no mandatory central registry of partnership businesses so again affairs are entirely private. It is imperative for the partners to draw up a partnership agreement that governs the conduct between them and deals with matters such as sharing profits, responsibilities and terminating the arrangement. Each partner may find they are personally liable for the actions of the other partner.

A limited company is a legal creation which is established in law and governed by the Companies Acts.
The registration process for a limited company is called Company Formation. It is advisable to use a company formation agent or an accountant to ensure the company is set up correctly.
Limited companies are registered at Companies House where a live database of all UK limited companies is kept and they are a distinct and separate entity from their owners and the people who run it. It has its own status for taxation, financial and general legal purposes.

An off the shelf company is a limited company that has been pre-registered with a name and company number and can be used to trade immediately.
The crucial difference between a limited company and a sole trade / partnership is the protection from personal liability for business debts. Unless a personal guarantee is signed or there is fraudulent trade, a limited company is “limited” in the sense that its owners are not liable for its debts. Some people see a limited company as an insurance policy, especially for a new or a high risk business. Many people have lost their savings and other assets because they started up not “being limited”.
On the flip side, unlike a sole trader who can draw money out of the business without incurring a tax charge, a company director would have to be paid under PAYE (including benefits such as a car or healthcare) and the shareholders are rewarded by means of a dividend, subject to the regulations.

Below is a summary of the pros and cons that are typically cited when considering forming a limited company.
Advantages
• Shares of the business can be given to others e.g. family or friends
• It may be easier to attract investors
• Obtaining bank loans may be easier
• There are no higher rate tax bands
• In the event of a partner leaving or dying it is easier to continue the business
• It is easier to sell the business
• There is a better public perception if a company is Limited
• It can assist in the protection of a name
• People have more confidence in the business if they can check your company on the public records at Companies House
• Subcontractors and agency workers may find it easier to obtain work using a limited company

Disadvantages
• The preparation of annual accounts will probably cost more than a sole trader
• The public can check up on certain aspects of a business

A limited liability partnership is hybrid of a partnership and a limited company. The LLP is registered at Companies House and is treated like a limited company in most respects but the profits are divided amongst the partners who pay tax on their own share at the rate appropriate to their circumstances. An LLP must have a minimum of two partners and one of the partners can be another limited company. It is a flexible creature but has not proved to be particular popular for small businesses.
As a general rule you should discuss your choice of business format with a qualified accountant prior to commencement – it will be money well spent. In most cases the limited company route is the safest option if one has any concerns whatsoever regarding a potential liability, but ultimately the consideration of risk is but one factor in a decision that may be based on many variables.
Whatever you choose we wish every success.

Source: from www.sme-blog.com to The Small Business Blog

April 18, 2017/by The Orlando Law Group

Tips to Keep Halloween Fun AND Safe

Have you ever wondered why Halloween is such a widespread, holiday favorite? Free from a lot of the tradition and family expectation that accompanies other major holidays, it’s the one time of the year that seems to bring out the kid in all of us. From young to old, Halloween seems to appeal to everyone. It gives all of us an excuse to don a costume and have some fun. Don’t believe us? Just check out the I Love Halloween Facebook page, now boasting more than 2.25 million followers.

But for all of its spooky fun, Halloween also comes with its fair share of pitfalls. No one wants their Halloween festivities to be marred by an accident. Whether you are hosting a party for friends or leaving the light on for trick-or-treaters, it’s important to take a few precautions to insure that your home is safe for the influx of visitors. For example, if someone trips and falls on your dark sidewalk or brushes up against your candle-lit pumpkins, you could be held liable. But, we’ve got you covered! Here are five precautions you can take before those ghosts, ghouls, superheroes and princesses start knocking on your door.

Clear your walkway. Make sure the path from your driveway or the sidewalk to the front door is free from obstruction. Most children are so excited that they aren’t paying careful attention. In addition to clearing a path, you can also help prevent trips and falls by repairing loose porch railings and uneven walkway stones. Also, check to ensure that your spooky decorations don’t obstruct the walkway.
Clean up your yard. Take extra precautions to rake leaves, remove dead branches, trim overgrown landscaping and fill in large holes. Also, consider storing any gardening tools and hoses a safe distance from walkways. If you add spooky yard decorations like tombstones or inflatables, make sure these decorations are well-lit and easily seen.
Keep your property well lit. If you have a long driveway or walkway, turn on your regular outdoor lights so trick-or-treaters can easily see the path to the door.
Ditch the candles. Replace the candles in your pumpkins with LED tea lights and your luminaries with string of lights along your path. The US Fire Administration warns that open flames can catch costumes on fire, as well as decorations.
Confine your pets. The constant stream of trick-or-treating excitement and commotion could stress your pet. Avoid a Halloween pet mishap by keeping them in a separate room, away from open doors and small children.

With these five precautions in place, you can enjoy a fun Halloween AND keep your neighborhood trick-or-treaters safe!

April 18, 2017/by The Orlando Law Group

Planning for Small Business Success

Embarking on a new business venture or project can often be a difficult and stressful period for a business owner. This can often be made even worse due to a lack of sufficient planning to guide them through the turbulence. In my many years in business I’ve learnt than nothing is more important than planning for success (and failure, see this post here).

Businesses of all sizes can benefit from careful planning. Don’t think that just because you own a small business that you shouldn’t set aside time to plan. There are times when planning becomes essential, especially if you need to prove to a lender that your business makes financial sense from an investment point of view.

This brings us to the first aspect of successful planning which is writing specifically for the audience it was intended. If you are producing an internal plan just for yourself than it is fine to create something loose and informal because you will understand the intention. However, if your plan contains specific instructions for employees to follow then you will have to write in greater detail to avoid misunderstandings.

Don’t make assumptions when writing a plan. Instead, you should try to research things in as much detail as possible. This will involve developing a complete understanding of the marketplace in which your business operates and an in-depth knowledge of the competition.

It is essential that all of your sums add up. because anything that is incorrectly costed has potential to throw the rest of the plan completely off-track. Bad financial estimation is one of the main causes of planning failure.

When it comes to actually implementing a plan, make sure that there are specific dates for the completion of each section. This is important because it helps you to evaluate the success of the project at various different stages along the way. Remember that you are not bound in any way to the plan and if necessary you can then make changes as you go along and circumstances change.

When I talk about business planning, though, I don’t mean reams of paper that takes you hours to write; instead use good business planning software, or tools, to allow you to briefly and concisely put the necessary points down somewhere always accessible.

Source: from www.sme-blog.com to The Small Business Blog

April 18, 2017/by The Orlando Law Group

Celebrating October’s Best Hue

October. The rest of the country might be sipping Pumpkin Spice Lattes and watching the colors change to oranges; but around here, it’s a time to THINK PINK! Pink ribbon, that is.

According to the American Cancer Society, Breast cancer is the most common cancer among women in the United States (other than skin cancer). Nearly all of us know someone whose life has been turned upside down by a breast cancer diagnosis. The good news is that since the pink ribbon’s adoption a symbol for the breast cancer cause in 1992, awareness has skyrocketed and millions of women are surviving the disease.

What can you do to THINK PINK this October? We have two suggestions.

First, be informed. Take the time to learn about breast cancer and early detection. The American Cancer Society website is a wellspring of information and has links so that you can consider volunteering and donating to the cause. As well, the Florida Breast Cancer Foundation has information about events specific to the Orlando area.

Second, let Breast Cancer Awareness Month serve as a reminder to all of us that sometimes bad things do happen. Despite our best efforts, sometimes the unthinkable diagnosis becomes a reality. When those moments do come, we can’t underscore enough how important it is to have an estate plan. Estate planning is not just for the wealthy. It’s for those among us who have any assets at all. It’s our opportunity to make sure our finances continue to accomplish our goals even after we pass on. It’s also a gift to the family and friends we leave behind.

This first-hand testimony from the Forbes website continues to inspire us as we serve our clients and seek to insure a smooth transition for families who are grieving. The author outlines her personal story of handling her father’s estate after he died from colon cancer. She shares that “The most unexpected financial lesson my father taught me came after he passed away. I am the executor of his estate. My dad was always a planner, but the things he did to make this process easier are amazing. I feel compelled to share them with just about everyone I know.” (To read her full, inspiring story yourself, check it out at Reader Story: What My Father’s Death Taught Me about Estate Planning.)

We realize that estate planning is never an easy topic. For one thing, it’s personal. For another, it feels a little morbid. Conversations about the details surrounding death take a lot of courage. But, they can also help avoid surprises, lead to better financial planning and promote family harmony.

April 18, 2017/by The Orlando Law Group

Parental Alienation Syndrome

Divorce is not the most fun thing in the world. There’s usually hurt and sometimes anger, which is to be expected. The divorce process can either go easily with mutual respect, or it can create bitter feelings and hurt everyone who is involved. Divorce does not have to be, nor should it be a destructive process. If it is, you can alienate the children.

During a divorce that involves child custody disputes, one or both parents can attempt to distance the child from the other parent. It can be a indirect attempt by a parent, such as making subtle negative comments about the other parent in front of the child. One parent will often criticize the other parent, trying to instill anger and extinguish the child’s bond with the other parent.

At times, one parent will inform the child about the divorce process and the struggle between both parents. One may roll her eyes at something the other parent said, or blame the other for not trying to make the marriage work. Children should not have to deal with these adult emotional topics or ever be forced to pick sides. When parents invoke these emotions of resentment toward the other parent, it can have lasting effects on a child. The child may develop separation anxiety or use the same techniques for dealing with relationships as an adult.

Signs of Parental Alienation Syndrome
Not all children show the same signs of parent alienation; however, many children do develop some type of resentment, hostility or desire to stay away from the other parent. A young child may cling to one parent and avoid the other parent. An older child may develop sleep disorders or have anger issues.
Other signs of alienation syndrome include:

Having trouble forming close relationships
Feelings of vulnerability
Conflicts with authority
Withdrawing from social situations
Developing psychological dependency
The Difference Between Alienation and Preference

Though parental alienation syndrome does occur in some divorce cases, there’s a difference between a child feeling alienated from a parent and preferring to live with the other parent. Some children may feel closer to one parent because of similar interests or because that parent is the primary care provider in the home. Though children may have a parental preference, they still want to spend some time with the other parent.

Parental conflict takes its toll on the child, resulting in the child choosing one parent over the other just to end the conflict. When children are caught in the middle between conflicting parents, they may align with one to remove themselves from the situation, even if they have no problems with either parent. An alienated child aligns with a parent because of deliberate parental involvement.
Children sometimes suffer the most during the divorce, but parents can decrease their children’s anxiety and make the process easier for them. The children are losing a unified home and must deal with the stresses that come with having divorced parents. Understand the signs of parental alienation, and keep the children’s best interests in mind to avoid any further hurt that comes with the divorce.

April 18, 2017/by The Orlando Law Group

Securing a Corporate Partnership for a Nonprofit

Corporate scrutiny over the past few decades has shown us the rising importance of non-profit partnerships. However, many non-profits fail to secure valuable corporate partnerships because they don’t frame it the right way. Here are some things a non-profit need to do to form a successful corporate partnership:

You want to be clear on the reason you want to partner with them. What’s your charity’s goal and how could corporate partnerships help you achieve it?
Let the corporation you are trying to partnership know what’s in it for them. That’s not to say that all corporations are self-centered and don’t care about helping children or funding autism research. You just need to put it in terms of the benefits to them, rather than overwhelming them with another problem there is in the world. Let the corporation know how they can be the solution to a problem, how they can be the hero.
Identify areas of your charitable work that companies are likely to find interesting. A homeless charity may have a project that enables people to learn new skills so they can gain employment. This is very likely to appeal to companies because they understand the value of employment and it could offer some interesting volunteering opportunities for their employees.
Show the corporation how working together will increase their customer community engagement. Only then will the company commit the time, creativity and resources required to raise your profile and scale your social impact.
Offer to help co-create branded content using different media, you can position the partnership as a way to ease this burden while enhancing the company’s reputation.

As with any relationship, once the benefit to the other party is clear they will more readily share their time, expertise and resources. Without such an approach, the best of intentions and heart-felt commitment can fall on deaf ears, leaving both parties and the community at large at a loss.

April 18, 2017/by The Orlando Law Group

DIY Online Wills Are They Really a Good Idea

Do-It-Yourself Online Wills: Are They Really a Good Idea?

Online legal document services offer an enticing bargain. Most people realize that they need an estate plan to manage their affairs if something happens to them, but having estate planning documents drafted by an experienced attorney can be expensive and time consuming. Furthermore, in times of the COVID-19 pandemic and when many people can accomplish nearly anything while in the comfort of their own homes, the idea of having your estate planning documents online is very attractive to the average person.

For these reasons, many consumers are now questioning whether it is possible to skip the attorney fees and use a low-cost website to prepare estate planning documents. The short answer is that, yes, it is possible, but it is not recommended. You could save a few bucks now, but later may end up creating an expensive and frustrating mess for your family.

Unfortunately, most people do not realize what they are getting themselves into with an online document service. This is because those online services have spent millions of dollars trying to create the impression that their services are similar to, or even equivalent to those of an attorney. They put lawyers in their commercials, hire celebrities to promote them, and tout stories of people who have successfully used their documents.

Yet, all the marketing in the world cannot erase the simple truth. Those online services are not law firms, and the people who create them typically are not lawyers. Online services cannot give legal advice. Instead, they are “document assistants” – a term that various states use to define service providers who type your information into generic form documents.

In other words, a document assistant is like a mindless typing robot who enters your information into a form, whether or not it makes sense and whether or not it is a good idea. If you are stuck or need advice, they cannot help you. If you make a huge mistake, they cannot warn you.

In fact, it would be a crime for them to warn you. It does not matter if the person working on your documents via one of these service providers is an estate planning genius. That person is simply not allowed to give legal advice. Think of it this way: a person needs a state bar license in order to give legal advice, just the same way that a doctor needs a license to write a prescription. Giving legal advice without a license is very much like selling drugs without a prescription-it is a crime.

To combat this, these companies design their generic forms so that even without legal advice, it is hard to make mistakes. That may seem like a good thing. However, the best way to make sure that your documents do not do anything wrong is to make sure they do not do or accomplish anything at all. Essentially, these documents become do-nothing, one-size-fits-all generic documents.

That leads to the next problem with the online services. These document assistants cannot even promise you that the documents will work because they are not licensed attorneys, which means they cannot promise a particular legal result.

Many clients are excited to learn that they can leave assets to a special needs child without jeopardizing government benefits; or that they can protect a child’s inheritance from frivolous lawsuits, divorce or bankruptcy. A well-designed estate plan ensures that your resources get where you want them and that they are used in the way you instruct. Estate planning is about creating legally enforceable provisions that do what you want done.

These online document services cannot promise you any of that. They cannot promise you that you will achieve your goals. They cannot point out opportunities or other options beyond what you have selected, and they cannot warn you about hidden hazards. Really, all these document services can do is save you a few bucks.

However, these document services play a clever price game, too. Most of these online services investigate what an attorney would charge for similar documents and then use that information to determine their pricing. These comparisons are misleading in a variety of ways. First, online services compare the price they charge for a single document to the price that an attorney charges for an entire estate plan, which typically includes numerous comprehensive documents.

More importantly, there is no way to compare the prices of what you get from an online document service to what you get from an attorney, because they are not offering nearly the same thing that you would get from an attorney. If a fast-food restaurant told you that you could order their $1.79 “salad in a box” instead of paying $20 for a fancy restaurant salad bar, you would instantly recognize the faulty comparison. A wilted clump of lettuce in a plastic clamshell is not anything like an all-you-can-eat salad bar with every conceivable ingredient, made fresh and eaten in a nice environment with an attentive wait staff.

Yet, most people recognize this faulty comparison because most people have experience with restaurants – both good and bad. They know how to judge quality, and they understand the “you get what you pay for” concept. But, when it comes to legal services, most people don’t have the experience to know better. If your estate plan is faulty or you do something wrong when drafting your own documents using an online service, you will never know. But, your family will know. If your estate plan doesn’t work properly, your family could end up paying the price and cleaning up the mess after you have passed away.

Your estate plan is the box that carries your entire life savings. It is just not worth the risk of damaging your life’s work just to save a few bucks.

The attorneys at The Orlando Law Group represent and prepare estate planning documents for individuals throughout Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout central Florida.

If you are dealing with an estate planning issue or are looking to establish your own estate plan, please reach out to our office at 407-512-4394, fill out our online contact form.

If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.

February 18, 2023/by The Orlando Law Group

Getting a Divorce in Your 50’s or 60’s

Over the last two decades, the percentage of couples divorcing in their 50’s and 60’s has risen from three to almost thirty percent. Sociologists have a term for people in their 50’s and 60’s who are divorcing. They coined the term “gray divorce”. Baby boomers are living longer and more of them are divorcing. This impacts not only their retirement and income, but also other important areas of their life. If you’re over 50 and considering a divorce, keep these things in mind before you put yourself in a stressful and financial hardship.

The Children
It doesn’t matter how old they are, they can be grown adults, with families of their own; consider their feelings and emotion when you are contemplating a divorce. A divorce can damage your family’s harmony and create an unnecessary divide if it’s not handled carefully. The two of you may not be married anymore, but you will always be your children’s parents.

Alimony
In long marriages, a spouse is entitled to permanent alimony. It’s not actually a permanent though. Permanent alimony usually lasts until either spouse dies or the receiving spouse remarries. In some states, if the receiving spouse lives with someone else and has a supportive relationship, it can affect the alimony arrangement. The alimony payments also can be restructured after the supporting spouse retires and lives off a retirement fund.

Financial Assets
Couples who have been married for a while, have likely accumulated assets together. It can be a home or retirement accounts or other investments, most people want to keep the home as part of the divorce settlement. Keeping the house doesn’t always put you in a better position after the divorce. In most cases, a house continues to have unexpected expenses, which may or may not affect its future value. As for retirement, it’s possible to split one spouse’s retirement account or 401(k) through a domestic relations order.

Life and Health Insurance Policies
Some couples, during their marriage, purchase a life insurance policy, which goes to the supported spouse after the divorce. If the supporting spouse dies, the supported spouse gets the insurance payout. After a divorce, you may not want your ex-spouse being the beneficiary of your life insurance policy. You may find yourself in a position to take out a new life insurance or health insurance policy. Unfortunately, at a later stage in life, there may have pre-existing conditions that raise the costs of obtaining a new life insurance policy. Health insurance may also cost more after 50, so look into a replacement health insurance policy soon after the divorce.

Social Security Benefits
Social Security benefits can help the lesser-earning spouse after the divorce. In fact, the lesser earner can receive Social Security benefits based on the higher earner’s work record. However, the marriage must have lasted at least 10 years, and the lesser earner must be 62 or older. Even if the higher-earning spouse has not applied for Social Security benefits, the lesser-earning spouse can collect the benefits if the couple has been divorced for a minimum of two years.

April 18, 2017/by The Orlando Law Group

Digital Estate Planning

The two main classes of digital assets are 1) any online account that requires a username and password; or 2) any file stored in places including an individual’s computer, mobile phone, server, local DVD or CD-ROM, SD card or at online storage sites.

Online Accounts

If the client is the only person who has access to her online accounts, then what happens when she dies? Much of the concern involves the rights of the online company, which were granted when the individual initially accepted the account’s Terms of Service (TOS). Several issues to consider for online accounts requiring a username and password include the following:

The TOS Agreements of most popular online companies rarely, if ever, allow for the immediate or automatic transfer of the account to the personal representative.
Without access to a decedent’s bank and investment accounts, a trustee or executor will have difficulty obtaining necessary information for meeting the requirements of the underlying will and trust.
Without access to a decedent’s email, blog or website, the personal representative may not even be aware of certain ongoing obligations, especially with more transactions occurring online only.

Digital Files

Files on an individual’s computer are difficult Digital estate planning enough to find, depending on the individual’s levels of organization or disorganization. The personal representative’s job can become exponentially more difficult if the important data is stored offsite. Additionally, there are two main kinds of digital files to consider:
Client-Created Files – including scanned financial files, address books, and digital photos, but can also include valuable business documents or intellectual property.
Client-Purchased Files – including music, videos and e-books bought during the individual’s lifetime. In the typical TOS, the seller only grants the individual buyer a non-transferable license to use the work “for life.”

Steps You Can Take Now

Make a list of all digital assets. This should be a comprehensive list of all of your online accounts and data files, including email accounts, websites, hard-drives, important Word and Excel documents, online storage accounts, and social media accounts.
List wishes for each asset. For local hardware containing data files, this can include leaving the asset directly to a specified heir. For online accounts, this can include:

Shutting down the account
Doing nothing
Archiving contents on CD or DVD
Creating an auto-response on the account; and/or
Forwarding all messages to another place
Choose the person who will receive each asset
Provide access and control to the recipient

April 18, 2017/by The Orlando Law Group

Can Grandparents Have Visitation Rights in Florida?

A new law in Florida relating to members of the military states that if a parent is activated, deployed, or temporarily assigned to military service on orders in excess of 90 days, the parent may designate a family member, a stepparent, or a relative of the child by marriage to engage in time-sharing on the parent’s behalf.

So if the parent in the military designates a grandparent to time-share in his or her stead, the court would enforce such a designation. The Florida Supreme Court has consistently held all statutes that have attempted to compel visitation or custody with a grandparent based solely on the best interest of the child standard to be unconstitutional.

Under current Florida law, a grandparent may file a petition and obtain visitation rights as to a grandchild when it is in the best interest of the child and one of three conditions have been met:

The parents’ marriage has been dissolved
A parent has deserted the child or
The child was born out of wedlock and the parents never marry

A court is allowed to consider a number of factors when it determines what is in the best interest of the child. None of these factors are decisive or irrefutable in and of themselves. A court will not likely make a decision regarding grandparent visitation based only on the presence or absence of one factor. The court will look at the presence or absence of all of the following factors before making a ruling:

The willingness of the grandparents to encourage a close relationship between the child and parents
The length and quality of the relationship between the grandparents and child before the divorce
If the child is old enough to express a preference, that preference will be considered
The mental and physical health of the child
The mental and physical health of the grandparents
Any other factors the judge wants to consider

What happens when one of the child’s natural parents remarries and the stepparent adopts the child? Florida will not automatically terminate any grandparent visitation rights just because a natural parent remarries and the child is subsequently adopted by the stepparent. However, a Florida court can still terminate the grandparents’ visitation rights if it believes that continued visitation with the grandparents is not in the child’s best interests. Before a court decides this, though, it must hold a hearing and allow the grandparents an opportunity to be heard.

Under current Florida law, a grandparent may file a petition and obtain visitation rights as to a grandchild when it is in the best interest of the child and one of three conditions have been met:

§ The parents’ marriage has been dissolved;

§ A parent has deserted the child; or

§ The child was born out of wedlock and the parents never marry.

§ The willingness of the grandparents to encourage a close relationship between the child and parents

§ The length and quality of the relationship between the grandparents and child before the divorce

§ If the child is old enough to express a preference, that preference will be considered

§ The mental and physical health of the child

§ The mental and physical health of the grandparents

§ Any other factors the judge wants to consider

April 18, 2017/by The Orlando Law Group

Why Family Members Fight Over Inheritance