In the first episode of Season 2 of The Honest Lawyer Podcast, Noel Bagwell and Bradley Stephens discuss the podcast's new format and Networking for Lawyers, in the first of a three-episode series on that topic.
Considering suing Equifax by using Joshua Bowden's DoNotPay chatbot? You should think again. Bowden's claim that DoNotPay has ushered in an era of "fully automated lawsuits" is an over-promise of epic magnitude.
Maybe you got a Cease & Desist letter. Maybe you got a "nastygram" or a "lawyer letter." Being on the receiving end of a missive like this can be a little unsettling, so here are some tips for responding to a "lawyer letter" in a way that will improve your chances of resolving disputes without escalating an already tense situation to the level of [even more] expensive litigation.
You have spent the last few months, years, or decades of your life building your business. You've poured your time, effort, and a lot of yourself into making the business a success. Now, you're ready to cash out, to get paid, and to move on to the next chapter of your life. Learn how to avoid foreseeable risks and problems when selling your business.
The consequences of engaging in identity politics are significant and widespread. These consequences are not limited to politics. They touch on business issues, social issues, and, of course, legal issues. So, how can a business address the risks associated with identity politics in a preventive way? And how can that make your business better than Google?
Recently, a Google employee, James Damore, was fired for circulating a truly brave memo that dared to suggest "that Google has become an ideological echo chamber where anyone with centrist or right-of-center views fears to speak his or her mind,"...
Noel Bagwell and Bradley Stephens discuss Artificial Intelligence and what Yuval Noah Harari calls the "useless class"--people who are not only unemployed, but unemployable--as well as what to do with them, from a public policy standpoint.
An entrepreneur's perspective on lawyers and dealing with legal issues as an entrepreneur / small business owner.
Start off on the right foot with your lawyer. Learn how to ask for legal advice and what your expectations should be when calling a law office.
The Honest Lawyer Podcast, Season 1, Episode 10 -- Getting more value out of the attorney-client relationship by avoiding your attorney's pet peeves.
Part 2: In this Honest Lawyer Podcast episode, Bradley Stephens and Noel Bagwell continue their discussion of the client's ten commandments of the attorney client relationship. Learn the "Dos and Don'ts" of dealing with your lawyer.
Part 1: In this Honest Lawyer Podcast episode, Bradley Stephens and Noel Bagwell discuss the client's ten commandments of the attorney client relationship. Learn the "Dos and Don'ts" of dealing with your lawyer.
In this episode of The Honest Lawyer Podcast, Bradley Stephens and Noel Bagwell discuss the PR fiasco involving United Airlines and Dr. David Dao.
This Honest Lawyer Podcast episode deals with business succession planning. Bradley Stephens and Noel Bagwell tackle the tough topic of what happens to your interest in your company when you die (or are incapacitated).
This Honest Lawyer Podcast episode is another "legal mythbusting" episode. Bradley Stephens and Noel Bagwell tackle more common legal myths with a dose of reality and a touch of humor.
This Honest Lawyer Podcast episode is a "legal mythbusting" episode. Bradley Stephens and Noel Bagwell tackle several common legal myths with a dose of reality and a touch of humor.
by Noel Bagwell for ExecutiveLP® February 22, 2017 A Rant With a Lesson PSA
This episode of The Honest Lawyer Podcast is an informative rant about "sovereign citizen" anarchist nonsense, and how following the legal advice from non-lawyers one can find on the Internet can land you behind bars and cost you thousands of dollars in fines.
This episode is an entertaining and interesting "How To" episode about filing a Form D. This podcast episode is especially useful for those interested in raising money for a start-up or existing company by selling Membership Interests in a limited liability company, or "LLC". Noel Bagwell and Bradley Stephens discuss filing a Form D and complying with "Blue Sky Laws".
The reasons people form RLTs and the reasons they form LLCs are completely different. While RLTs and LLCs have a few features in common, they have more differences than similarities. The bottom line is that RLTs are a great tool for avoiding probate; whereas LLCs (or other business organizations), not RLTs, should be used to manage ongoing business concerns.
Episode 1: Meet Noel and Bradley as they discuss the philosophy behind types of fee arrangements and what makes ExecutiveLP an innovative law firm that delivers value through flat fee and subscription based fee structures. Also, they discuss why a business should care about hiring a preventive lawyer and how it can actually add dollars to your bottom line.
Until such time as Congress finds the wherewithal to do its job, immigrants and illegal aliens in the U.S. who are engaging in commerce, here, will have to deal with significant uncertainties. Nashville business attorney Noel Bagwell explains how businesses owned by nonresident aliens can protect their business interests from immigration problems.
This powerful decision will help you protect your million-dollar business by going beyond cutting costs to maximize your company's value. Usually, when it comes to legal services, you'll find that striking this delicate balance between cost and value is not easy, and will require you to foster a relationship with a business attorney.
A wise businessperson would do well to be extremely cautious, skeptical, and wary of any business that engages in Pyramid / Multi-Level Marketing / MLM / or structuring of their business relationships--even if they're called something else that seems innocuous, like a "Virtual Franchise".
In my work as a business attorney who has helped a lot of people start new businesses, I tend to get a lot of questions about branding--specifically about choosing brand names. One specific question that tends to give people a hard time is whether their business name should be appealing or whether it needs to accurately reflect key concepts of the business.
We now have three tiers of Signet™ General Counsel legal service plans: an Essentials plan for start-ups and micro businesses, the Advantage plan for most small businesses, and the Ultimate plan for businesses that want our most robust preventive legal solution. Now, with more variety and better scaling, our General Counsel legal service plans will tailor themselves to your business like never before.
In 2017, our excellent Business Formation and Signet™ General Counsel legal service plans are more affordable than ever. We now offer a greater variety of service plans, a more scalable pricing formula for Signet™ General Counsel, and improved synergy between our Business Formation and Signet™ General Counsel legal service plans.
Administrative Dissolution does not effectively end a company’s existence. Don't let your zombie company terrorize your life. Put it down mercifully or find a way to breathe new life into it as you pass it on. The worst thing you can do is nothing.
Imagine Christopher Columbus going on Shark Tank. What would that pitch have sounded like? Would Barbara Corcoran or Lori Greiner have given him a deal? I'm thinking probably not. For one thing, the risk he was taking was insane. But risk and reward often have a strong connection, if not an outright correlation. As an entrepreneur, like Columbus, you have to be willing to take huge risks if you want to make a world-changing impact.
The smaller your business is, the greater will be the impact of losing a key employee. For a start-up or a business with only a handful of employees, losing even one employee can be a bona fide disaster--especially when that employee is a key person.
Sometimes, entrepreneurs have no idea how to work with their General Counsel to protect and add real value to their business. You need to communicate with them about your needs. You need to be clear. You need to remember that they want to help you...
So you've all seen wine going into grocery stores, but there are 81 other laws that are also going into effect on July 1, 2016. Here's a roadmap to examine the laws taking effect on July 1 that I believe are going to have the most impact on entrepreneurs and businesses in Tennessee.
Let me share with you a story of how DIY Legal Work becomes more expensive than hiring an attorney to provide essential preventive legal services. This is a case study in how to screw yourself in the long term by trying to save money in the short term. Meet Stephen, our hypothetical case study participant...and learn exactly what NOT to do.
It's something every entrepreneur should ask themselves. "What do you desire? What makes you itch? What sort of a situation would you like?" Take 3 short minutes to listen to Alan Watts and then get out, go, do what you desire.
What is your business? Are you selling goods and services, or are you giving away goods and services? In other words, which comes first, charity or profit? Your bleeding heart doesn't have to bleed your wallet dry, but it will if you don't make the right choices, prioritize your activities, and rely on good professional guidance to get from where you are to where you want to be.
When a client has made mistakes it will cost a lot of money to repair, the fear funk is powerful enough to bring people to tears. If you stink of fear, make a plan. Don't worry about making it perfect. Just have one.
Join us for the Nashville Honors Heroes Gatsby Gala Casino Night event at Sinema Nashville! This 1920s-themed "casino night" fundraiser is being organized in support of the first annual Nashville Honors Heroes Convention and Veteran Mentorship Program.
The Maker-Trader Principle, as first stated by me, is: "You can do what you do, or you can do the business of what you do, but most people cannot do both well." Examine your role in your start-up. Are you a maker or a trader? If you are like most people, you're going to need to connect to either a maker or a trader--whichever you are not--if you want to successfully launch a start-up.
Stop focusing on the visible, the superficial, which will inevitably lead you to make some kind of discriminatory decision. Instead, focus on real diversity, diversity of thought, which is invisible but far more important. If the culture of your business is one that encourages openness to new ideas, starting at the top of your organization, the atmosphere of inclusion and respect will demonstrate how much you appreciate everyone's point of view, regardless of race, gender, sexual orientation, etc. Isn't that supposed to be the goal of all efforts to promote workplace diversity?
Courts have placed increasing responsibility on employers to conduct investigations of alleged violations of employment laws, and an employer’s defense in seeking to minimize both liability and damages in these situations often depends on its prompt corrective action. Whether or not an employer chooses to use its own legal counsel for such an investigation will directly impact the application of the attorney-client privilege and the attorney work product doctrine.
I think expectations are probably what make relationships most difficult to manage. In order to overcome these costly expectations, one must focus on improving the relationship with the person who must decide whether or not to trade with him. Improving a relationship--whether a personal or business relationship--usually comes down to one thing: communication.
I believe what makes a fee reasonable is that each person believes they are receiving something they value more than what they are giving up in order to get it. The client believes the services are more valuable than the money they are paying for them. The lawyer believes the money is more valuable than his time, skill, legal acumen, etc.
Our communication, in business, should always be context-appropriate, safe for work, and delivered in the most effective, efficient way possible. Failing to communicate well can lead to business disruption. There are times when texting is appropriate, but using text messages inappropriately is unprofessional and potentially dangerous. Text carefully.
It's another Musical Monday, here, on the ExecutiveLP™ blog. Today's feature: Promises, Promises by Naked Eyes. We're going to be talking about the legal consequences of promises, whether or not a broken promise is fraud, and why it benefits you to always ask your attorney.
Smart entrepreneurs and business decision-makers find ways to build teams both inside and outside their company to provide them with essential services upon which their long-term success depends. Every single entrepreneur and business needs General Counsel, and here are five reasons why you need General Counsel, now.
ExecutiveLP™ understands that having options about how and when you pay for legal services can make the difference between having the preventive legal services when you need them, and having to pay too much because you waited too long. Read about our Six Months Same as Cash plan, Military Discounts, and our Commitment to Affordability Program.
Entrepreneurs don't really get "days off" in the way most people do. The reality of the life that has to be balanced against the job, though, is that there are other opportunities, too--life opportunities, opportunities to slow down and enjoy the freedom self-employment offers. Snow days are an example of such an opportunity.
Collection efforts failed? Tired of getting stiffed on a job? Learn how to make sure your invoices get paid by properly structuring the buyer/seller relationship, a little about debt collection, and what not to do when collecting a debt. Also, it's musical Monday. So...enjoy!
When we observe that legal risk is everywhere, it's not a scare tactic; that's just the reality in living in our litigious, over-regulated society. As a businessperson, you can acknowledge the reality in which you live and adapt to it, or you can stick your head in the sand. Managing legal risk is about preemptively spotting and plugging holes. Read three simple steps to make sure you don't look like an ostrich in a suit.
Is becoming a franchise right for your business? Deciding to start a franchise really does not depend on what goods your business produces or what kind of services it provides; rather, whether your business is franchise-eligible largely depends on how well you can instruct others to replicate the business of what you do. We present five questions to ask yourself if you are curious about franchising your small business.
This year, don't just make resolutions. Instead, actually focus on real solutions. Legal solutions, like Signet™ General Counsel legal services from ExecutiveLP™, are a necessary part of the support your business needs. Our Signet™ General Counsel legal service plan has been carefully crafted to be the can't-live-without, essential legal solution for small businesses in search of General Counsel at a reasonable price.
HB 1456 is a terrible law, which should be voted down or, in the alternative, vetoed by the governor. Tennesseean businesses and private citizens should have the right to use weaponized drones for their own protection, whether that protection be against criminals or against an ever-growing, ever-more-dangerous government.
Penalty clauses are not economically efficient. This is why penalty clauses are not and should not be enforceable. That's not to say the parties are without a remedy for breach of contract--far from it! In fact, liquidated damages are the norm; sometimes, even specific performance can be required to cure a breach of contract. Read our three tips for effectively using liquidated damages clauses.
Outside General Counsel services from Executive Legal Professionals, PLLC are tax-deductible. Looking for business tax deductions? Start your service, now.
Nashville, TN -- Business attorney Noel Bagwell discusses the equity crowdfunding regulations in Title III of the JOBS Act, and what they mean for you!
Nashville, TN--Business attorney Noel Bagwell discusses a disturbing trend: police officers protecting trespassers from land owners. Isn't that backwards?!
Nashville, TN--Business attorney Noel Bagwell describes, in plain English, why your LLC needs to maintain separate capital accounts for its members.
Nashville, TN--Business attorney Noel Bagwell talks about how to get real idea protection when your idea cannot be patented, trade marked, or copyrighted.
Nashville, TN--Business attorney Noel Bagwell discusses using Letters of Interest to assemble a team to take your idea from drawing board to board room.
Nashville, TN--Business attorney Noel Bagwell discusses selling a business when you just can't make yourself face another day doing what you've been doing.
Nashville, TN--Business attorney and Catholic Capitalist Noel Bagwell tackles what Catholic Capitalists are to make of the pope's criticism of capitalism.
Nashville, TN--Business attorney Noel Bagwell shares how to survive an ICE Audit / I-9 audit using preventive legal services. Having General Counsel is key.
Nashville, TN--Business attorney Noel Bagwell drills into the mysteries of Con-Tort, shining light on the mysteries of "ConTort" lawsuits and avoiding them.
Nashville, TN--Business attorney Noel Bagwell explains why every business needs General Counsel from Day One until their last day of operations.
Business attorney Noel Bagwell describes franchising regulations in the United States. Franchising regulations exist at both the national (federal) and state level. The Federal Trade Commission ("FTC") enforces a the trade regulation rule called "Disclosure Requirements and Prohibitions Concerning Franchising," codified at 16 C.F.R. 436. In the franchising industry, this is more often simply called the "FTC Rule" or the "Franchise Rule."
Nashville, TN--Business attorney Noel Bagwell discusses one of the taxes Tennessee Businesses must collect and pay to the Tennessee Department of Revenue.
Nashville, TN--Business attorney Noel Bagwell discusses how partnerships can unintentionally be created and how to avoid creating an accidental partnership.
Nashville, TN--Business attorney Noel Bagwell shares five tips for improving Business Season Productivity. Autumn is the season of opportunity! Seize it!
Nashville, TN--Business attorney Noel Bagwell discusses building professional teams and why teams outperform groups.
Nashville, TN--Business Attorney Noel Bagwell discusses efficient breach of contract. When should you breach a contract, if ever. Find out in this article.
Business attorney Noel Bagwell shares insights about establishing who owns the rights to the intellectual property created by freelancers for your business.
Like chocolate and peanut butter, CPAs and Tax Attorneys are just better together! Find out why in this article from Noel Bagwell on ExecutiveLP.com.
Nashville, TN--Business attorney Noel Bagwell discusses how to fire a client while limiting your legal liability and protecting your business.
Nashville, TN -- Business attorney Noel Bagwell discusses using the Pareto Principle (the "80/20 Rule") to improve your business by reducing your clients.
Nashville, TN -- Business attorney Noel Bagwell discusses how to dissolve a Partnership.
Nashville, TN--Business Attorney Noel Bagwell talks about Disruptive Innovation in this shrewd blog article for Executive Legal Professionals, PLLC.
Nashville, TN--Business attorney Noel Bagwell discusses how sometimes you just have to fire a client in this first-in-a-series article.
Relationship marketing is all about building trust. Create and protect the trust your customers have demonstrated by paying you for your goods or services.
Nashville, TN--Business attorney Noel Bagwell presents an introductory crash course to the legal requirements of starting breweries in Tennessee.
These days, I focus more on innovating in my industry—the legal industry—in disruptive ways. My clients love it. My competitors hate it. Disruptive innovation is my secret weapon, and it can be yours, too.
Today, General Counsel attorneys do more than ever before for the companies they serve, because the need for excellent General Counsel has never been higher. In this article, learn how General Counsel attorneys bring value to your company by serving a diverse array of needs each company has.
Nashville, TN--Business attorney Noel Bagwell discusses work / life balance, and shares what he recently learned from forcing himself to take a vacation.
Atlanta, Ga--Attorney Bradley Stephens explains different company designations you might find around the world including: PLC, Ltd., S.A., and SARL.
By Noel Bagwell for Executive Legal Professionals, PLLC from the Executive
Nashville, TN -- Business attorney Noel Bagwell provides tips on how to get more out of your Executive Legal Professionals legal service plan.
Nashville, TN--Business attorney Noel Bagwell gives to business owners, managers, and entrepreneurs advice about the information your General Counsel needs.
Nashville, TN--Business attorney Noel Bagwell discusses four things you need to know if you're considering asking your lawyer for free legal services.
Executive Legal Professionals HATES the billable hour. Here are three reasons you should hate it too. Incentives matter, and minimizing use the billable hour has brought my incentives in line with my clients’ incentives and improved my ability to add value in the matters for which they have hired me.
Nashville, TN--Business attorney Noel Bagwell shares some networking insights inspired by Quentin Tarantino's masterpiece, Kill Bill.
Nashville, TN--Business attorney Noel Bagwell asks & answers: "Is Your Ex Entitled to Half Your Business," and discusses how to keep them from taking HALF.
Nashville, TN--Noel Bagwell writes from the heart in this article for Executive Legal Professionals, "An Unbillable Hour In My Life as a Business Attorney."
Nashville, TN--Are you pursuing your purpose? If not, do you need to reach out for support so you can refocus on the purpose you were born to pursue?
Nashville, TN--Business Attorney Noel Bagwell addresses a common criticism: "Your contract is too long!" Is it, really? What's the alternative? Find out in this free article from Executive Legal Professionals, PLLC.
Nashville, TN--Business attorney Noel Bagwell compares two limited-liability business structures, LLCs and LLPs, examining some costs and benefits of each.
Nashville, TN -- Business attorney Noel Bagwell asks, 'What kind of entrepreneur are you,' and shares a helpful infographic to help you find out!
Nashville, TN--Business attorney Noel Bagwell addresses a few of the implications Indiana's Religious Freedom Restoration Act has for biz decision-makers.
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