This is the second of a series entitled: "When you don't need a lawyer." Why is a lawyer writing – again -- to tell you when you don't need to hire a lawyer? Because it's a question that many potential clients ask themselves all the time, and one that I frequently answer.
Why is a lawyer writing to tell you when you don't need to hire a lawyer? Because it's a question that many business owners ask themselves all the time, and one that I frequently answer. This is the first in a series of articles that will hopefully guide you as I frequently guide my clients. En...
What is an Easement? An easement is the legal or equitable right of someone to use the land of another for a specific or special purpose, often to travel over the land in question to reach another area of land. An easement is a legal right if it was created by a legal instrument, like a deed. A...
INDEPENDENT CONTRACTOR OR EMPLOYEE? Are you an independent contractor or an employee? How do you find out and why does it matter anyway? "Independent contractor" and "employee" are not just insignificant names or labels in Maryland. This distinction is legally important and just cal...
Franchise law is complicated. According to the Maryland Attorney General, Maryland is one of about 15 states that requires "registration" of franchise offerings. What is a franchise? Maryland Annotated Business Regulation Code, Section 14-201 defines it as follows: ...
If you are "self employed" you must pay "self employment taxes." According to the IRS, you are self employed if you are a sole proprietor, independent contractor, member of a partnership, or are otherwise in business for yourself, including part-time businesses. The term "self...
The contract might seem incredibly simple. You found a great form online, you've gone over the details several times and it looks like you might be able to come to a final agreement. Good intentions have been expressed on both sides. However, as the saying goes, “business is business.”You might b...
You own a small business. It may have been a good experience or a headache but for whatever reason, you've decided to sell it. You've never done this before and aren't sure what's involved. The first thing is to carefully analyze your business from every angle. Get all ...
Exactly what is an S corporation and what types of businesses may be interested in being an S Corp? First, it is very important to understand that an S Corp is a FEDERAL TAX STATUS of a corporation and not a type of entity. What does this mean? This means that when you form a corpor...
Are you considering starting a small business in Maryland? If so, it is important that you select the right type of entity and comply with Maryland requirements. A Maryland business attorney and accountant can be helpful in guiding you through the necessary steps. As a broad overview, ...
Running any type of business is challenging, but running a home-based business has its own set of challenges. If you are considering running a home based business you should thoroughly weigh the pros and cons for your type of business and your personal needs. You need a fit for bo...
If you are starting a new company in Maryland, particularly a small business, you may wonder, "why do I need a lawyer?" With the abundance of information readily available on the Internet, couldn't you save money on lawyer fees by not retaining a business lawyer from the outset and just hope leg...
In Maryland an employer can be liable for the negligence of an "agent, servant, or employee." The legal term for this is "respondeat superior." In Latin this literally means "let the master answer." First, while we often hear the word "negligence," what does it mean in this contex...
Is the agreement I just entered into a legally binding contract? In general, a valid contract requires four elements: offer, acceptance, consideration, and performance. The process begins when one party offers the terms for the contract. Next, the other party can accept, reject, or requ...
Say you've decided to form a limited liability company, commonly referred to as an "LLC." You've heard that an LLC needs an "operating agreement" in Maryland but you don't know what that means or how to proceed. This article will guide you. The first thing is to be sure...
You're an owner leasing commercial rental property or a tenant wishing to lease. You've agreed on the important lease terms such as square footage, rent, and term. So why should you spend the time and money to involve a lawyer you ask? On both sides, it's advisable. Lease...
If you're a designer, you've undoubtedly pushed out many of your personal creative projects online. In all likelihood, you've spent a lot of your time and hard work to create designs that affect others in a profound manner. All you ask for is recognition and credit for your creative expression — ...
SDAT OVERVIEW FOR MARYLAND BUSINESSES Anyone doing or planning to do business in Maryland should be familiar with the State Department of Assessments & Taxation ("SDAT"). As a broad overview, SDAT governs business formation and taxation. The SDAT website, http://www.dat.maryland.gov, provid...
ADVERSE POSSESSION Adverse possession seems to be a particularly unusual legal right. In simple terms, it provides that a person who does not have legal title to a property can obtain it under specified circumstances. The legal require...
There are a series of steps involved in recording a deed in Maryland. While the overall process is uniform, counties can differ in the technical requirements and costs. A deed to be recorded can be prepared by an attorney licensed in Maryland or by one of the parties named in the deed...
Eminent domain occurs when the state takes an owner's real property for public use. The process is called condemnation. This seems unusual to many. Why, they ask, can the government take my property? It's not that simple and there are safeguards in place to protect an owner facing condemnation. ...
Did you know that you can record a judgment from another state in Maryland? Through a simple procedure a recorded out of state judgment becomes legally enforceable in Maryland, increasing your options for collection and satisfaction of a judgment. To record a fi...
HOWARD COUNTY ZONING VIOLATIONS What should you do if you get a zoning violation notice in Howard County? First, some background on the Howard County Department of Planning and Zoning ("DPZ") is useful. DPZ's stated mission is: "To create collaborative, innovative plans and implem...
Q: Do I have a right to get involved in a situation where the state will be issuing an environmental permit for a property that borders mine?A: You usually have a right to a notice of the impending permit as well as a right to publicly air your views regarding its impact. And in some cases, you m...
