Latest Articles from Our Blog

Should Your Business Have an Attorney on Retainer?

hould Your Business Have an Attorney on Retainer?Owning a business comes with a lot of responsibility. Not only do you have to ensure that the day-to-day operations run smoothly, but you also have to deal with employees, clients, customers, and more. Because of all the issues that may arise, it’s smart to hire an attorney and keep them on retainer. Some business owners choose to hire a lawyer on an ad-hoc basis and use their services only when needed. While this may be more affordable in the early days of your business, having one on retainer offers multiple benefits. For example, what would happen if an emergency or urgent issue occurred? If you have an attorney on retainer, you have someone to deal with the problem right away. You don't have to search for the right legal professional or spend time getting them "up to speed" with your business. The attorney you have on retainer will know…

What Is an Action for Partition?

What Is an Action for Partition?An action for partition is a lawsuit brought by a party (or parties) against another to force the division or sale of real estate. These actions can arise when two or more people co-own property and are in dispute over what to do with it. Sometimes co-owners of homes where one of the parties has moved out may not agree on what to do with the home. The person who has stayed in the house may want to keep it but doesn’t have the funds to buy out the other owner. Sometimes children inherit property from parents and one wants to sell while the other wants to keep the property. If these disagreements can’t be resolved between the parties themselves, it can lead to a partition lawsuit in the courts. Partition actions can be brought over residential or commercial property or even undeveloped acreage. Partitioning essentially means dividing. However, it…

How Do You Resolve a Partnership Dispute?

How Do You Resolve a Partnership Dispute?If your business has a partnership structure, at some point you will likely encounter some type of disagreement. Remember, the value of your partnership is in what each party brings to the table. Unfortunately, there are situations where partners encounter issues like differences in judgment and even deep-seated conflicts that may threaten the entire existence of the partnership and business. When facing this type of disagreement, it may be smart to look for a compromise rather than immediately pursuing legal action. However, each partnership is unique, so it's necessary to determine what resolution best suits your situation. The good news is that an attorney can help you with this decision. Seeking legal representation early in the stages of your partnership is something that will pay off in the long run. It provides you with trusted, experienced legal services that can offer advice and guidance throughout the life of the partnership.…

Sole Proprietorship vs. an LLC in Maryland

Sole Proprietorship vs. an LLC in MarylandWhether you’re starting a business or thinking about changing the legal entity owning it, you may want to know the costs and benefits of a sole proprietorship vs. an LLC in Maryland. Is it better to have an LLC or a sole proprietorship? That depends on your priorities. The attorneys at Lusk Law, LLC will be happy to discuss your options and do the work necessary to make it happen. What Legal Entities Can Own a Business? You Have Many Options. One Will Be a Better Fit Than the Others. The four most popular business structures are: Sole proprietorship General partnership Limited liability company (LLC) Corporation More than one person or entity owns a general partnership. Instead of one owner, as in a sole proprietorship, multiple parties (or partners) own it. They all own its assets and can share in its income, but they’re also potentially personally responsible for the…

Changes to Maryland Landlord/Tenant Law Announced

Maryland has announced significant changes to the state’s Landlord/Tenant law, and all landlords need to become familiar with these modifications.  As of October 1, 2021, changes will be implemented that impact the Landlord Tenant eviction process and termination of leases for residential properties. Landlords who wish to repossess their residential rentals under a Failure to Pay Rent (FTPR) filing will be required to provide to the tenant a ten-day notice saying the tenant has a right to pay the amount owed and/or seek the advice of legal counsel, which will now be provided to certain individuals. The notice must be sent first class, certified mailing and affixed to the door; or if approved by tenant, sent electronic via email, text or tenant portal. The new amendment to Maryland Real Property Code, Section 8-401 allows tenants who make 50% less than the median household income for the State of Maryland [1] to be eligible to receive counsel.  It is…

How to Establish a Corporate Veil

Corporate VeilHow to establish a corporate veil is an essential issue if you own a business, by yourself or with others. If you own your business as a sole proprietor or partnership, you could be held personally liable for your company’s actions. If it is done correctly and the entity owning your business is a corporation or limited liability company (LLC), you may avoid this issue by protecting yourself with a corporate veil. Lusk Law, LLC, can help your business choose the right way to structure its ownership. There are costs and benefits to every legal entity, so we’ll advise you which one we think would best meet your needs. We also can defend your business in litigation or protect its interests by pursuing legal action on your behalf. Learn more about how a business attorney can help you by calling us at (443) 535-9715. What is a Corporate Veil? While you…

Protect Yourself from Unfair Contracts

Maryland Business Contract LawyerOur Maryland business lawyer can help protect you against unfair contracts. As a business owner, you will enter into a number of contracts – leases, supplier agreements, employment contracts, and more. A contract legally entered into is supposed to protect all parties from unfair practices, serve as a guideline as to what is expected in terms and conditions and performance, and specify what the parties are to gain from the transaction. You want to ensure that any contract you sign is fair and offers you some legal recourse should a contract dispute arise, but it’s equally important to make sure you don’t inadvertently create unfair or illegal contracts. Unfortunately, problems often arise with contracts, and when a contract dispute arises, it may turn into a lawsuit for breach of contract and become a matter for the court to resolve. The result can be expensive litigation and loss of business and…

What to Know Before Hiring a Contractor

ContractorWhat to know before hiring a contractor can be the difference between conducting business as usual or finding yourself in legal trouble. Contractors have rarely been more numerous or available than they are right now. In addition to traditional contractors, you can hire someone to create a website for your business, assemble your office furniture, or deliver your lunch. If you need help getting something done, hiring an employee or finding an independent contractor may be the right choice. It depends on your wants, needs, and applicable laws. However, you need to know the rules governing your business relationship with contractors. A person you think is your contractor may actually be an employee, with all the taxes, laws, and regulations that accompany them. Maryland business lawyer Rebekah Lusk appreciates the practical and legal challenges involved in hiring a contractor. We will work with you to review the facts of your…

How to Review a Commercial Lease Agreement

Commercial LeaseIt is good to know how to review a commercial lease agreement because it serves as a foundation of your relationship with your tenant. Given the economy, a prospective tenant may want to move into a smaller space. Landlords may be eager to keep or attract tenants, given how many they might have lost. Rebekah Lusk and her associates offer you many landlord-tenant law services, including commercial lease review. We help clients with property-related issues. A commercial lease attorney can ensure that a client’s actions are on a sound legal footing and their interests are protected, no matter how the economy impacts their business. Commercial Lease Review Checklist Each landlord-tenant relationship is unique. Some issues will be more important than others in a particular relationship. Overall, here’s a commercial lease review checklist of things to pay attention to when offering a new lease or if you’re reviewing an existing one. Proofread and…

A Comprehensive FAQ on How to Hire a 1099 Contractor

ContractorIf you have a short-term need for extra staffing, you may need to engage a contractor, but before you do, it’s important to understand how to hire a 1099 contractor. Be sure you know all of the legal elements of the hire before you proceed. For many decades, employers chose to classify their workforce as employees to manage customer expectations, workflow, productivity, and staffing levels. The rise of the gig economy has highlighted the differences between contractors and employees and increased the number of people who are working as independent contractors. The IRS and the State of Maryland both lay out the rules for hiring a 1099 contractor, along with how they are to be paid. Definition of an Independent Contractor An independent contractor is a free agent that cannot be controlled by an employer as if they were an employee. In contrast, an employer can control an employee in…