Six Key Ways That Entrepreneurs Are Facing Risks

Establishing your own business is an exhilarating prospect but it is also one that comes with an inherent level of risk. Unfortunately, entrepreneurs continue to face risks in their business every single day and without knowledge of an outside professional in the form of a business attorney, they may be exposed to risk on a regular basis. What follows are six common situations that put entrepreneurs at risk even if they do not realize it.

Absorbing All Personal Liability

A business structure should be selected that limits a person’s individual liability. A sole proprietorship may allow for an individual to be held personally liable whereas a limited liability company or a corporation minimizes this.

Not Conducting a Risk Analysis

A regular risk analysis can help to identify problems inside and outside of the company that should be addressed with a strategic plan. A risk analysis is a powerful process that helps to illuminate weak spots in the business. From this point, you can develop a comprehensive risk management plan to determine how to close the gap. Having outside professionals like a lawyer to assist you with this process can be extremely helpful.

Not Having Proper Agreements Between Partners

A buy sell agreement or a partnership agreement helps to establish the terms of the relationship between individuals working at a company. Without these, chaos can ensue if one partner wants to do something and the other does not agree.

Absorbing All Insurance Related Risk

Injuries to suppliers, customers, damage to the facilities or product liability can all present significant problems for a business of any size. Transfer this risk to insurance companies by purchasing affordable policies that give you peace of mind that your business will still be able to operate and recover after a significant incident.

Not Using Proper Employee Agreements

Unfortunately, employment disputes are a common cause of litigation these days. Without properly written agreements you may be exposing yourself to unnecessary risk with employees who try to take advantage of your good nature. Having employment agreements in place ensures that everyone kicks off the relationship on the right page and can also assist in the event that an employee needs to be terminated.

Not Engaging in Regular Contract Review

Contracts are the life blood of any entrepreneur’s business and these should be properly drafted, negotiated and reviewed on a regular basis by an experienced business attorney.

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Written by Brett Trembly

Brett Trembly

In the South Florida legal community, Brett sits on the Board of the South Miami Kendall Bar Association, the Florida Bar 11th Circuit Grievance Committee, volunteers on the Florida Bar Young Lawyers Division Mentoring Program, the Dade-County Bar Associations Rainmakers Committee, and annually volunteers for Miami-Dade County’s Ethical Governance Day.