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Guest post by: Marijo McCarthy
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What's An Opinion, Anyway?

A client called me recently with what she said might sound like an odd request. "I need your 'opinion,'" she said, "and it has to be in writing. Can you do that? And what does that mean, anyway?" After reassuring her that it was not an odd request and that not only could I do it, I would, I gave her an explanation...

Confidentiality Agreements... Ticking Time Bombs?

How many times have you signed a new contract which included "confidentiality" or "non-disclosure" provisions and simply assumed that it was not a big deal? After all, you're a business owner with honor and integrity; you have no intention of disclosing your client's confidential and proprietary information, right? So, why worry about it? Simply sign the thing and move on to the work. Well, not so fast. Let's delve into the small print a bit and see what you just agreed to...

Are You Ready for New Business?

Despite the gloom and doom which seems to surround us these days like a miasma that won't lift, small business owners are seeing their hard work and nose-to-the-grindstone efforts pay off in incremental new business.

Time is of the Essence

For those of us who spend great chunks of our days reviewing and commenting on contracts, there are stock words or phrases that mean a lot to us - but very little, if anything, to our clients. Some of those words or phrases are absolutely essential; others have lost their impact over time. One of the latter is the phrase: "time is of the essence," which Black's Law Dictionary defines as, "performance by one party at [a] time or within [a] period specified in [the] contract is essential to enable him to require performance by [the] other party."

The Four R's of Contract Review

Recently, a client asked me about the process of reviewing a contract. What's involved? What does a lawyer do first when a client drops a contract on her desktop? How long does it take and why?

4 Questions to Ask Before You Get Hitched in a Business

At the beginning of 2011, I challenged you to consider the "end game" regarding your business - the point in every business' life when the owners have a decision to make. To stay or not to stay... to expand or not to expand... to sell or not to sell. In other words, which direction to take.

Myths and Mysteries: I Thought I Couldn't be Sued Personally if I Formed a Corporation

One of the results of last month's newsletter regarding the Massachusetts Homestead law (in addition to several clients finally filing for full homestead protection), was this common question: "Why should I worry about personal liability for business obligations… I formed a corporation?"

Let's face it... employee wages are sacrosanct

The sooner Massachusetts small business owners accept this, the sooner they can stop having skirmishes and "misunderstandings" with the Attorney General's office that only result in frustration, penalties and ill will on all sides.

What's the End Game for Small Business Owners?

I have had the pleasure of working with several new clients over the past few months, all of which are in very different businesses and at very different stages in their growth. They range from 12 months old to 10 years old, and yet they all have one thing in common: They are all focused on today. Maybe next week, maybe next month, but definitely not five or 10 or 20 years out. And yet, that's where I need to keep them focused, until they agree on how to position themselves for the end game.

Customer Supplied Agreements... Two Suggested Changes Before Signing

The holiday season invariably finds my clients pushing aggressively to turn sales into contracts and lock those contracts down by the end of the year. It's understandable… we all want to begin the new year strong, with lots of contracts in the pipeline. The rush to sign at year end, however, can have dire consequences, particularly for those accustomed to using their own standard form of services contract rather than signing a customer's form of agreement.

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About the Author: Marijo McCarthy

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Marijo McCarthy is principal of Widett and McCarthy, a Boston-area law firm that helps small business owners grow their businesses with pragmatic legal advice, mentoring and a solid team of professional advisors.
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Customer Supplied Agreements Two Suggested Changes Before Signing
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No One Should Be Indispensable So Plan For the Unexpected

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