BERYS LAW | Business, Real Estate, Wills/Trusts

Most business owners plan for growth, taxes, and even retirement—but few stop to think about what happens if they suddenly can’t run the business due to illness, injury, or mental incapacity. It’s not a pleasant thought, but it’s one of the most important “what ifs” you can prepare for. Without a plan, your absence could lead to confusion, financial losses, or even the collapse of the business you’ve worked so hard to build.

The Reality of Incapacity

Incapacity isn’t limited to old age. It can happen at any time through an accident, stroke, or sudden illness. If you’re the key decision-maker or the face of your company, your temporary or permanent inability to work could bring operations to a standstill. Payroll, contracts, and client relationships might suffer, and employees may be left uncertain about what to do next.

When that happens, who has the legal authority to step in? Without clear documentation, even your spouse or business partner might not have the right to sign checks,...

Leadership changes are among the most vulnerable moments in a company’s life cycle. Whether it’s the retirement of a founder, the promotion of a rising executive, or the transfer of ownership to the next generation, transitions often bring uncertainty. Studies consistently show that many businesses either falter or collapse during this period—not because the company lacked talent, but because the handover wasn’t planned with enough foresight. The good news is that legal planning can turn what is often a stumbling block into a smooth, strategic process.

Why Leadership Transitions Fail

Several common pitfalls explain why businesses struggle when leadership shifts:

1. Lack of succession planning.

Many business owners delay creating a succession plan, either due to optimism, discomfort with the topic, or an assumption that a replacement will naturally step in. Without a roadmap, the organization may scramble, leaving decision-making fragmented.

2. Ambiguity in roles and authority.

If...

Expanding your business by opening a new location is an exciting milestone. It often signals growth, stability, and increased demand for your products or services. But before you cut the ribbon, it’s important to understand the legal considerations involved. Overlooking these details can lead to costly delays or disputes down the road. Here’s what you need to know legally before opening that new branch.

1. Choose the Right Business Structure

If your business operates as a sole proprietorship or partnership, opening additional locations may expose you to greater liability. Many owners consider restructuring into a limited liability company (LLC) or corporation when expanding. This helps protect personal assets and simplifies managing multiple branches under one legal entity. If you’re already incorporated, you’ll need to decide whether to operate the new location as part of the existing entity or form a subsidiary.

2. Review Zoning and Local Ordinances

Not every property is suitable...

Franchising can be one of the fastest ways to grow a successful business. By allowing others to replicate your model under your brand, you expand your reach while benefiting from franchise fees and royalties. However, franchising isn’t as simple as granting permission to use your name. It’s a legal process with strict requirements designed to protect both franchisors and franchisees. If you’re considering this path, here are the key legal steps you need to take first.

1. Confirm Your Business Is Franchise-Ready

Before drafting contracts or recruiting franchisees, assess whether your business is prepared to scale. A franchise model works best for businesses with a proven track record, recognizable brand, and replicable operations. You’ll also need training systems, marketing support, and supply chain logistics in place to ensure franchisees can succeed under your guidance.

2. Develop a Franchise Disclosure Document (FDD)

In many jurisdictions, including the U.S., the law requires fr...

Business contracts are where expectations meet reality. A well‑drafted agreement protects cash flow, relationships, and reputation; a sloppy one invites disputes. Here are the most common pitfalls—and how to avoid them—so your next contract is clear, fair, and enforceable.

1. Vague scope and deliverables

The #1 source of conflict is ambiguity. Define the scope with precision: what’s included, what’s excluded, and how “done” is measured. Add milestones, acceptance criteria, file formats, service levels, and who supplies what. If you can’t verify it, it’s not clear enough.

2. Slippery payment terms

Spell out price, currency, deposit, invoicing schedule, payment method, due dates, late fees, and interest. Tie payments to milestones or deliverables, not vague dates. Add consequences for non‑payment (pause rights or termination) and who pays taxes and bank fees.

3. No change‑control process

Projects evolve, budgets explode. Require written change orders that specify the revised scope,...

Real estate partnerships can be a powerful way to scale your investment portfolio, share risk, and combine complementary skills and resources. Whether you're teaming up with a friend, family member, or professional investor, the structure of your partnership can make or break your success. Clear agreements, well-defined roles, and legal protections are essential. Here's a practical guide on how to structure real estate partnerships the right way.

1. Choose the Right Partnership Type

Before anything else, you need to decide what type of partnership works best for your goals. The most common structures include:

• General Partnership (GP): All partners share equal responsibility and liability. This is the simplest form, but it also carries the most personal risk.
• Limited Partnership (LP): One or more general partners manage the operations and bear full liability, while limited partners contribute capital and have limited liability.
• Limited Liability Company (LLC): Often the preferred...

When running a business, signing contracts often feels like a routine part of keeping things moving. Whether it's a vendor deal, a service agreement, or a new partnership, the urge to sign quickly and maintain momentum is strong. But rushing through without a legal review can lead to serious—and expensive—mistakes down the road.

Here’s why every business contract should be reviewed by a qualified legal professional before you sign.

1. Contracts Are Legally Binding (Even If You Didn’t Fully Understand Them)

Once you sign a contract, you are legally obligated to follow its terms. It doesn't matter if you didn't read every clause or misunderstood something. Courts generally assume that all parties understood what they signed, which means ignorance is not a defense. A lawyer can ensure you understand what you’re agreeing to—and what you’re responsible for.

2. Hidden Clauses Can Hurt You

Not all contracts are created in good faith. Some contain vague language or buried clauses that til...

In the United States, most employees work under what’s known as “at-will employment.” While this term may sound straightforward, it’s often misunderstood by both workers and employers. Many people assume it gives employers unlimited power—or conversely, that employees can never be wrongfully terminated. The truth lies somewhere in between.

Here’s what “at-will employment” really means—and the most common misconceptions surrounding it.

What Is At-Will Employment?

At-will employment means that an employer can terminate an employee at any time, for any reason—or no reason at all—as long as the reason isn’t illegal. Likewise, employees are free to leave a job without notice or cause. It’s a flexible arrangement that allows both parties to end the working relationship when they see fit.

This concept is the default in most states unless there is a contract or law that specifies otherwise.

Common Misunderstandings About At-Will Employment

1. “I can’t be fired if I’m doing a good job.”

Performance management is a critical part of running any successful organization. When employees are not meeting expectations, it’s the employer’s responsibility to address the issue promptly and professionally. However, many businesses fail to properly document performance concerns, which can lead to legal vulnerabilities, decreased morale, and inconsistent team standards. Effective documentation not only supports fair treatment but also helps foster accountability and growth.

Why Documentation Matters

Proper documentation serves several purposes. First, it creates a clear record of expectations and behavior patterns over time, ensuring objectivity in performance evaluations. Second, it protects the company in the event of legal disputes. If an employee claims wrongful termination or discrimination, detailed documentation provides evidence that decisions were based on legitimate, job-related reasons. Finally, it provides a roadmap for employees to improve by clarifying issues and se...

Starting a business is exciting—but forming a legal entity without careful planning can lead to costly mistakes down the road. Whether you’re a freelancer growing your brand, a small business owner expanding your operations, or a startup founder ready to scale, how you structure your business matters. Unfortunately, many entrepreneurs rush through the process and overlook key steps, which can result in legal headaches, tax issues, or missed opportunities.

Here are the most common entity formation mistakes to avoid—and why each one matters.

1. Choosing the Wrong Business Structure

Many entrepreneurs default to forming a Limited Liability Company (LLC) without fully understanding the pros and cons. While an LLC is often a good fit for solo founders, it’s not always the most tax-efficient or scalable option. For example, if you plan to raise venture capital or issue stock, a C-Corporation might be better. On the other hand, if you’re a consultant making consistent income, an LLC with a...