Political involvement is our sacred duty.  The low participation in most recent elections should break all of our hearts!  I come from a political family, yet some of my own family members did not vote in this past election.  The reasons are simple.  We are all so fed up with the current of state of affairs and feel hopeless to change the situation.  The truth is that we CAN do something!  We each should take action.  Our freedom and the future of our children and grandchildren DEMAND our participation.  The future of our country’s great capitalistic system is at stake.  We cannot run government like a business, but we must employ business principals.  If Godly folks and good businessmen do not roll up their sleeves and get involved, we doom our children and grandchildren to a dismal and grim future.

Politics is everywhere and in every aspect of our lives.  It is in your family.  It is in your school.  It is in your business.  It is especially in your church.  Why is politics in everything?   Because we are ALL basically selfish individuals who want control and power.  Jesus gives us the best model of love and service to others.  The first step is to serve, identify the problems, pray, develop a plan, take action, measure results, persevere and NEVER lose hope or give up.

I have spent a lifetime in and around politics and politicians.  Some of the godliest, sacrificial and servant-minded people I have ever known are politicians.  Are you personally willing to run for political office and sacrifice your time, your business, your family, your free time and your money?  If God does not call an individual, and his or her family, to run for political office – politics can destroy them.  I equate running for office to being called to be a preacher or missionary.  ALWAYS thank and affirm the politician AND his or her family.  These men and women are truly sacrificial “Public Servants.”

Most of us do NOT get involved and support our elected officials.  We are quick to gripe and slow to show support.  Who does get involved?  Where does the current influence come from?  Who are the ones closest to the politicians and why?  Many are average citizens (who never show up on any donor report), yet others have a self-interest.  Google “Georgia Campaign Contribution Disclosure Report” and “Georgia Lobbyists” to see a list of who is donating money.  All politicians and the Georgia Government Transparency and Campaign Finance Commission must make this information available.  If you do not have money to invest, then, go knock on a few doors for your favorite candidate during an election.  Once elected, he or she will likely take your call!

Our goal should be to get to know each one of our elected officials.  We earn the right to influence our Public Servants by becoming their friend and supporter.  Let your elected official know that you are praying for them and are behind them.  If the only time a politician hears from you is when you have a gripe, you will have very little positive influence.  A complaining customer has much less influence than one who is polite, kind and understanding.  In addition, DO NOT BELIEVE half of what you see, hear or read on traditional or social media.  It may be wrong or jaded. ALWAYS give the Public Servant the benefit of the doubt until you know differently.

All businessmen should first IDENTIFY the challenges.  Do our own research.  Then, go visit, write or call your Public Servant, ask for their help and explain your feelings.  Don’t just go with a problem – go with a solution.  Don’t go with one issue or a threat.  Ask for his or her advice or opinion.  Ask who else is taking a side (special interests or fellow voters in your district)?  Clearly express your desire, follow up, request a status report AND thank them for all they are doing for you, your family and your business.  Do not vote for a person just to get everything you want.  Elect him or her to research all the available information and vote for what is in our best interests as a fiduciary of our trust.  A very similar analogy is the sacred trust I feel when someone comes to me for legal advice.  I owe my clients the duty to tell them the truth and to advocate what is right.

The next time you or your friends get ready to express your political opinions, ask yourself:  is it the truth; do I have all of the facts; have I contributed (financially or otherwise) or encouraged the politician(s) that I am talking about; did I vote in the last election; and have you called and asked your Public Servant to help?  Always pray for those in authority over us.   We CAN positively influence our Public Servants and ask for their help and advice.  We CAN change our neighborhood, city, county, state, and nation!  Let us all start TODAY!

Everyone must leave their business at some point. The wise business owner plans for this eventuality. In my practice, I have represented both sole business owners and joint business owners. Both types of ownership have very different interests and concerns. As in most matters I assist folks with in my law practice, the primary motivating factor is avoiding costly and painful problems for you and your family. If something ever happens to you, your family will have to pick up the pieces.

Sole business owners must address the following:

• Succession. A couple of questions you should address are: Do you have a family member or employee that can take over your business; do your employees wish to buy you out? Either way, you, or your family should receive a fair payment for their interest in your business to compensate your spouse or children. I recommend a CPA value your business or you hire a professional business valuator or appraiser. Any appraiser should value raw assets, inventory and goodwill.
• Liquidation Before Death. If you have no one that can succeed you, use your valuation or appraised value and seek out a good buyer. You can find good prospects by asking your friends in the industry, asking your suppliers or hiring a professional business sales broker.
• Liquidation After Death. If you wish to wait until your death, leave clear written instructions (including the above matters) for your family, modify your Will; and have a plan to operate your business in the short run, until the survivors can locate a buyer. Your primary concern is to avoid a fire sale.

Joint business owners must address the following concerns:

• Business Value. If a partner leaves or dies, determining a fair buyout value is critical. The departing partner tends to overvalue the business, while the remaining partner tends to undervalue it. I recommend using a qualified CPA or professional business valuator or appraiser to value the business. They will ask the tough questions and develop a formula to calculate the value of the business. I highly recommend an agreed-upon valuation formula, as the value of the business will change over time.
• Death of a Partner. When your business partner passes away, you immediately have a new partner. Either your partner’s spouse or heirs will immediately become your partner. How well do you think his or her spouse (or heirs) know your business or will work with you? Working out an agreement with your partner’s heirs can take both a lot of time and money. Avoid this hassle with pre-planning. Partners should agree to buy the other out in case of death and purchase an insurance policy on each partner to fund the buyout. Whatever is decided, the business partners need to have set and review the business valuation formula each year.
• Business Secrets/Data. Besides laying out how to value the business monetarily, good plans protect the businesses secrets, business data, and other non-liquid assets. A good attorney will help you develop appropriate protection and non-compete agreements.
• Annual Update/Other Concerns. Succession Plans should include an annual date to discuss your business’s structure and future goals with a qualified business attorney. In these meetings, you should discuss any likely scenarios affecting your business’s future, such as allowing a partner’s family member(s) to join the business, a key employee departure, retirement plans, etc. Good advance planning is good business.

How well you create a succession plan determines the life or death of your business. Seek professional financial and legal advice during the planning process. A good business with proper planning can last longer than a lifetime and be a lasting legacy for the families of the partners.

Are you a business owner with unpaid invoices or slow-paying clients? Cash flow is the lifeblood of all businesses.  Your customers MUST “Show You the Money” promptly when you deliver your products or services.  Unpaid invoices can be life-threatening. To avoid these challenges, explain your expectations clearly and upfront. Before agreeing to provide products and services to a customer:

1. Check out the client. Do they have a good financial reputation? Have they been in business long?  When you bill or invoice a client, you are extending credit to them.  Before making a “loan,” get to know them and see if they have the ability and resources to pay you.
2. Communicate clearly and document everything. Setting clear expectations in writing before extending the credit is essential to proving that the customer owes the debt to you.  What are the payment terms (how long do they have to pay your invoice (10 days, 30 days, etc.)); is there a late fee; is interest owed on late payments; do they have to pay attorney’s fees; etc.?
3. Create a legally binding business contract.  Hire an experienced qualified attorney to write up a standard business contract tailored to your business.  If you are going to be able to collect everything owed, you must have the terms clearly set forth.
4. Require a Security Deposit.  Ask for a Security Deposit up front for clients that you do not know or if you are unsure whether they can pay you upon delivery.
5. Set and follow a procedure for collection of payment.
   • Invoice promptly and on a regular schedule in writing
   • Give incentives for paying early and penalties for late payments

If your client does NOT meet your established obligations:

1. DON’T harass them. Treat your customers with respect.  Many customers have good reasons for not paying, and, given respect and understanding, will be glad to start a payment plan.  Of course, do not threaten violence or use profane language. Remember, they can record or video your conversations.  While the Fair Debt Collection Practices Act generally applies to third-party collection agencies, it can apply to businesses collecting their own debts.  The best practice is to know and comply with the rules of this act.
2. DO send collection letters.  If your discussions or communication are not effective, then send them a letter promptly.  The older a debt is the harder it is to collect. You need to act quickly to ensure that you maintain your right to the money owed.
3. Be persistent and consistent. Persistently sending bills and reminders on a regular basis will usually increase the likelihood you will get paid in full. Don’t wait until the end of a month to send reminders or past-due invoices, send them as soon as they are due.
4. File a claim. If you are owed less than $15,000, file a claim in Magistrate Court.
5. Hire a debt collection agency. If your standard practices don’t succeed, then it’s time to hire a professional. Debt collectors write demand letters and track down debtors daily, so they are really good at it. Just be sure to hire a reputable agency that complies with FDCPA. If you hire a non-compliant, non-reputable agency, you could get sued and you probably won’t get your money anyway. If you need an agency, you might want to check out Commercial Law League of America’s list of certified agencies.
6. File a lawsuit. If the debt is more than $15,000, hire a qualified attorney to file a lawsuit.  In reality, most businesses should never reach this point. However, if your business routinely deals with amounts equal to or greater than this, it could happen despite your best efforts.  If it does, properly completing all the prior steps listed above will greatly improve your chances of winning a lawsuit. While it is expensive to sue, most lawyers will handle your case on a contingency basis, so you only pay if you get paid.

Prevention is the best way to make sure your clients and customers “show you the money.”  While you may have to invest some time and money upfront, the return on investment could be exponential.

The Christmas Season is the most joyous time of year in our country.  We celebrate friendship, the blessings of family and the greatest gift of all. Thank God that we all still have the freedom to celebrate Christmas. Unfortunately, reports on the national news and social media have created an incorrect perception that we can no longer celebrate this great holiday openly in our businesses and workplaces. Many of us have felt compelled to greet others with “Happy Holidays,” instead of “Merry Christmas,” or, hold a “Holiday Gathering” instead of a “Christmas Party.”

This perception of a legal prohibition is in error. A business or corporation has the legal freedom to celebrate the holiday in almost any reasonable manner that they see fit.  The 1^st Amendment to our United States Constitution gives us this great right and privilege. No business in Bartow County has ever been shut down for Christmas decorations or having a Christmas Party. As a case in point, pay special attention to many major corporations in our town, like Hobby Lobby and Chic-fil-A, during this holiday season. You will see decorations and will likely be listening to Christmas music in their places of businesses. Watch for Hobby Lobby’s full page add in your newspaper right before Christmas.

So, go ahead and break out your decorations, music, Christmas trees, and manger scenes. If you want to hold a Christmas Party, feel free to ask your manager to let you. If you are the manager or owner, know that you are legally allowed to throw a party, as long as it’s not obligatory.

During this special time of the year, showing our fellow man joy, peace and love are far more important than any legal precedents. The real reason for celebrating Christmas is to reflect God’s great gift of love.  Do everything with joy and love! Let your place of business be the most joyous and merry place in town, not only will your business grow, but others will want to celebrate this special holiday in their homes, businesses, and workplaces.

May we all be grateful for the great freedoms we are blessed with in our Country, and may we all show our fellow man joy, peace and love this Christmas.

Merry Christmas to all! 

Do you know the difference between a business venture and a business adventure? Both are risky, but adventures are bold and exciting! Starting a new business is one of the most exciting and challenging journeys one sets off on in a lifetime. In 28 years of practicing law, I’ve seen many individuals start business adventures, and succeed beyond their wildest imaginations, while others have shown me what NOT to do when getting started. There is no greater challenge or greater joy than boldly setting out on your own. However, as with any adventure, the guide(s) and resources you utilize will determine your success or failure. So before you start off on your new business adventure, make sure you have the following:

Passion:  Are you passionate about your business idea?  If your idea does not excite and drive you, then don’t do it. You have to have -confidence in your idea, drive, and determination to persevere through the challenges that lie ahead.

Competence:  Do you have expertise, or can you afford to hire individuals with the talents you need in the area you want to start your business?

Support:  Do you have the buy in of your family and friends?  Do your spouse, kids, siblings, parents and good friends believe in you and your new venture?  Will they support you, encourage you and cheer you on?

Counsel:  Have you sought wise counsel from other successful businessmen in the same industry, mentors, and elders in your community? No question is too dumb.

Business Plan and Capital:  Have you planned your first 12 months and do you have enough capital to get things off and rolling? Underestimate your revenue and overestimate the expenses.  You will find it tight, but you must have goals!  Without a vision, you will perish.  Planning gives you a map that you can adjust as you move forward.

Risk Tolerance:  Even the best new businesses have risks.  You will never make money without taking some risks.  If you have successfully made it through the first six (6) questions, then, have faith in God, yourself and those behind you, and go for it!

Asset Protection:  Find a good business attorney to help you form your business structure. Depending on your type of business, an attorney will usually recommend incorporating or forming a limited liability company to insulate and protect your personal assets.

Buy-sell agreement:  This section only applies if you have partners. If you do, then you must have a buy sell agreement in place in case one of you wants to leave or passes away.  If a partner passes without a buy-sell agreement, you will then be in business with his/her spouse or the beneficiary of his or her Will.

Certified Public Accountant:  Our government and taxes shut down more businesses than you will ever believe.  Immediately, get a Certified Public Accountant (not a bookkeeper) on your team.  They will save you money, and heartache and keep you headed to great success!

Insurance, Licenses and Permits:  Depending on your business, you will need various types of insurance, licenses, and permits. Ask your Attorney and CPA to guide you through the red tape – otherwise you could break the law unwittingly, get sued and not be covered, or worse.

The difficult challenges of starting a new business venture and great joys of succeeding are like no other in the world. Pack your bags carefully, good luck and Godspeed on your exciting journey!