Frequently Asked Questions

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If we’re just thinking about forming a business, do I need to know employment law yet? 

Absolutely!  For any business venture, whether it is a church or a new restaurant, you need to what your estimated expenses and legal obligations will be for every aspect of the new endeavor.  Prior to launching the business, you should know how many employees you will hire, how you will pay them, you’ll need to know and understand meal and rest break laws and paid time off.  This is not an obligation you want to stumble into, but one you want to be prepared for.

Why do I need to hire an attorney? Can’t I just use Legal Zoom?

The internet is a great source of information, but you have to know how to use it properly.  Not all information is good information and not all information applies to your type of organization.

Many companies use LegalZoom to form, but LegalZoom does not walk you through an exit strategy or the worst-case-scenario.  The Wilkerson Law Office has helped numerous clients who formed companies on Legal Zoom and have no idea what to do when one partner wants out of the business. Does their interest go to the remaining partners? Can they sell? If so, to whom? And for how much?

The Wilkerson Law Office walks clients through the ideal scenarios, and the less than ideal scenarios, so you know what will happen in any given situation. That is something you need an attorney with some experience to help you with, not a website that is quick to get you started, but then leaves you without any real resources once you’ve paid the start-up fee.

Do your attorneys help people form a new business?

Yes, forming a new business from choosing the proper entity, filing the necessary paper work, to hiring employees is something The Wilkerson Law Office can help you with. 

Right now we are offering a class online, From Me to LLC, that walks you through process of forming your very own LLC. In the class, we address some of the LegalZoom issues above, show you exactly what to do to get started, and by the end you have a legally formed California limited liability company. 

When should I hire an attorney?

Ideally you should seek legal advice from an attorney before there is a problem.  As a business owner or a leader in a business such as a minister or board member in a church, you should know where your areas of liability are and should be working to eliminate or reduce the risk of exposure.

At The Wilkerson Law Office, we think of our legal services as preventative medicine.  Spending a little time with our office for regular check ups is much more effective than going to the doctor once your business is sick.  As Benjamin Franklin once said, “An once of prevention is worth a pound of cure.”

How will hiring a business attorney help my company?

Whether its personal liability protection, avoidance of single-enterprise or alter-ego liability, tax, contracts or fiduciary duties, there are many serious legal issues to consider when starting or operating a business.  A qualified business attorney will not only make recommendations and prepare legal documents, but will act as a strategic partner in business – lending advice through experience. The way we look at it, your success is ours, and we keep that in mind every time we begin work with a new client.

What makes The Wilkerson Law Office different from other law offices?

The Wilkerson Law Office is a boutique law office dedicated to helping our clients succeed.  We get to personally know your business so that you are not just a number on a vendor on an accounts receivable spreadsheet.

If you have a restaurant, we will dine with you; if you have a gym, we will workout with you; and  if you have a school, we will come take classes.  Why?  Because the more we know the “ins & outs” of your business, the better we will be at crafting legal solutions to protect you.

We truly believe that your success is our success and we will work hard to support you in every way we can.

What kinds of legal issues can The Wilkerson Law Office help me with?

Typically we assist our clients with business and employment law matters, this includes forming a new business, expanding a business, drafting contracts, hiring employees, terminating employees, and the daily management of employees.  Our clients consist of business owners, executives, entrepreneurs, and property owners.  While our practice areas are somewhat narrowly focused, we work very closely with attorneys on contract and several unaffiliated lawyers and other professionals to provide whatever additional legal services are necessary.  By keeping our practice small and contracting with specialists outside our office, we are able to keep overhead down and pass certain savings through to our clients by way of lower hourly fees.

Who are The Wilkerson Law Office’s clients?

Most of our clients are either business owners, entrepreneurs, company executives, or churches.  Nonetheless, we represent clients from a variety of different industries, including non-profits and faith-based organizations, restaurants, retail shops, auto repair, professional services, and fitness studios.

What if I only need an attorney periodically?

That’s great! The reason we choose to work primarily with companies and business professionals is to be able to explore and become a part of new ideas and innovations in the marketplace.  What fun would it be to work with clients just once?  Most of our business and corporate clientele have been with The Wilkerson Law Office for lengthy periods of time, and chat or check-in with us regularly.  If you’re looking for an attorney to be there for you when you need it, you’ve come to the right place.

What sort of fees should I expect?

The Wilkerson Law Office is proud to offer our clients a variety of legal services and billing options.  If you’re looking for regular representation we have three monthly retainer packages to choose from that range from two hours of phone consultation each month to ten hours of legal services at a set price.  Depending on the service we are also able to charge a flat rate and of course we also have hourly billing options as well.  

We also have courses for you to take if you want to learn about the law, but aren’t ready to hire an attorney. If you want to form a California limited liability company, we have an online class, From Me to LLC, that will walk you though the entire process. The benefit of this course is that you get all the legal knowledge you need, but at a much lower cost. 

If I live outside of California, do the employment laws discussed in Employment Law for Church Leaders apply to me?

The answer is yes!  Although Employment Law for Church Leaders is sprinkled with California law examples, it discusses churches’ obligations under Federal law first.  Federal law applies in all states and not all states have their own employment laws.  Therefore, Federal employment law is a great place to start when it comes to understanding your organization’s legal obligations.