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Write Business Policy

Christian Said:

Do I need a lawyer to write my business' Privacy Policy and Terms & Conditions?

We Answered:

You say you have a Privacy Policy already. If you have a lawyer review it, you will accomplish two things.

1. The lawyer can customize it for your state and your business.

and, even better:

2. If somebody tries to sue you claiming the policy is improper, illegal, etc., the lawyer's advice will at least partially shield you from liability. You can make the lawyer a co-defendant. This would make his Errors & Omissions insurance company become involved.

If you are sued and you go with the policy as done by the free on-line site, you have nobody to back you up. In other words, using the lawyer is like an insurance policy. You hope you never need to use it, but it's good to have it. Also, free advice is worth only as much as you paid for it.

Eddie also asks: "This is an interesting point I never considered. I was wondering how exactly this works. Is there some kind of legal form he or she signs off on to put his name behind my document? Or is this kind of defense somehow implied if he reviews my document. Thanks in advance"

There isn't an official form for the lawyer to provide. Usually there is a letter from him/her stating an opinion. There will likely be a disclaimer saying that you can't use the advice to avoid taxes or legal penalties, but that is nearly standard.

If you have the lawyer to review and revise as needed the agreement you printed, then you have him or her to blame if there is a problem. (Not to mention and extra set of pockets for someone to pursue in court.) You will want to establish a relationship with a lawyer who practices in this area in case you have problems down the road. Many people will rant and rave about suing, but as soon as you say, "have your lawyer contact my lawyer" and give the lawyers name and phone number, the person will shut up. Granted, this isn't free, but what you pay the lawyer can save you more over time. It sounds as though you are located in California. A lawyer is better equipped than I am to address the potential need for your privacy policy to comply with the laws in other states.

Just to add to what I've written in response to your question, I suggest you also consult with a local CPA who can help you deal with taxes and other business matters such as keeping books, payroll, etc.

I hope this helps.
Gary

Justin Said:

Should every business have a written policy addressing expected employee behavior? Why or why not?

We Answered:

yes, they should. if employees don't have a set doctrine that they need to follow, you'll end up with harrassment cases against you, as well as other destructive behaviors. with a signed agreement regarding ethical and moral, as well as productive behavior expectations, it releases you, the employer from liability from potential lawsuits in that regard.

Judith Said:

Should I hire an attorney to write my privacy policy for my web based business?

We Answered:

Be prepared to pay a lot ($300-$600 per hour) if you feel like it is necessary. How much do you stand to lose? Could you just find a similair site and copy and slightly modify their privacy policy?

Donald Said:

I need to switch my Business property/auto insurance to another company, what are some good insurance company?

We Answered:

We could provide you more meaningful info if you let us know what state you are in. Not all companies write coverage in all states.

Roberto Said:

Would a change in tax policy really affect the rich business owners? Can't they write everything off?

We Answered:

It is a bit more complex.

But a small business owner, especially a corporate owner, has a wide latitude on how much income to "recognize." When tax rates become too high (to the individual owner) taxable income goes down, by design.

To take money out of the business, it will be taxed, either as a salary or a dividend. But a business owner has a wide latitude about how much salary and how much dividend to get, and also how much expenses. Since many small business owners are frugal (which is an almost necessity to be a successful small business owner) they are usually taxed about the same as the middle class.

Higher taxes really hit the middle class, and the high income wage earners, that have no latitude on how much income to recognize.

Louise Said:

Can you pay your life insurance policy from your business account and write it off?

We Answered:

personal life insurance policy is not allowed to be paid from business income. It has to be counted as payers income. And the policy holder has to pay his personal life insurance policy out of his own pocket .

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