Presented by: Dar’shun Kendrick, Esq./M.B.A.Owner of Kendrick Law Practice (“KLP”), LLC

www.kendricklaw.net(678) 739-8109 [office]Monday-Friday; 8-6 pm

About MeGraduate of Oglethorpe University, double

major (Atlanta, GA)- 2004Graduate of Univ. of GA, School of Law

(Athens, GA)- 2007Graduate of Kennesaw State University with a

Master’s in Business Administration- 2011I practiced for two (2) years at a downtown

law firm as a civil business litigator for large business clients (Ex. American Express, Avis Rent-A-Car System, Dell, Discover Bank, City of Atlanta, Clark Atlanta, etc.)

About the FirmKendrick Law Practice is a….(1) “Virtual law firm”- online at

www.kendricklaw.net; we have a “green pledge” (less paper, gas and resources)

(2) That “Reviews, Drafts and Negotiates”-Either one of these services you can get for a FLAT fee;

(3) Documents”- Not JUST legal documents (marketing material, business plans, proposals, etc.)

This Presentation: Overview

1. Mixture of BOTH legal and business tips Disclaimers:

Limit of Practice: I am ONLY authorized to practice law in Georgia. What I say during this presentation ONLY should be applied as to Georgia businesses and no other U.S. state or territory.

Attorney-Client Relationship: Q & A will be at the end. I will only answer general questions, not specific questions. Call the office for a FREE 15 minute phone consultation or PAID 1 hour business legal consultation.

Tip #1: Know Your S.W.O.T.!

Strengths, Weaknesses, Opportunities and ThreatsStrengths- What are my company’s INTERNAL

legal values and capabilties?Weaknesses- What are my company’s INTERNAL

legal issues or problems?Opportunities- What are the EXTERNAL legal

factors that are presented for making money and growing?

Threats- What are the EXTERNAL legal factors that are presented for losing money or stagnated growth?

Tip #2: Hire An Expert (if needed)

“He who represents himself has a fool as his client.”

You can INSOURCE or OUTSOURCE but the point is the same.

THREE MAIN REASONS FOR OUTSOURCING:

1. To focus on main capabilities [to keep you OUT of legal trouble];

2. To save on costs; and3. To form strategic partnerships.

10 Common Business Contract Terms

1. Arbitration Clause2. “Time is of the

Essence” language3. Indemnification

Clause4. Merger/Integration

Clause5. Subrogation Clause

6. Warranties & Representations

7. Covenants not to compete/Non-compete clauses

8. Liquidated Damages9. Forum Selection

Clause10. Guarantor/Surety

Tip #3: Take an Overall Approach to Your

BusinessDon’t get stuck in “daily duties” of

“running your business” that you MISS the “forest because of the trees.”

(Details matter but only in the overall context of your whole business.)

10 Point Analysis Through Business Legal Consultations

1. Business Set Up and Formation Review2. Legal Analysis3. Marketing & Advertising Tactical Session4. Operations Management Critique5. Insurance6. Financial Analysis7. Continuing Business Education Review8. Short Term Goals9. Long Term Goals10. Follow Up & Recommendations* Sign up at www.kendricklaw.net/consultations.

Tip #4: Take PRINT seriously!

Five (5) people on Earth I don’t mess with: (1) God, (2) my mom, and (3) The I, (4) The R, and (5) The S.

Documents include: Emails, Legal Documents, Non-Legal Documents, Faxes, Text Messages, Tweets, Posts, etc.Private Public information *Facebook

Specifically contracts and agreements have legal meaning and consequences.

General Business Contract Tips: BEFORE YOU SIGN…

1. Make sure you have ALL the pages to a contract—generally signature last page.

2. Make sure the ESSENTIAL terms are in the contract.

3. BEWARE: Contracts based in Georgia are construed AGAINST the drafter!

4. Make sure the contract has the signature line in your OFFICIAL capacity with your company, otherwise you could become a personal guarantor.

*www.blogtalkradio.com/kendricklawpractice

5. Save revisions of a contract as well as any other correspondence during the contract process (emails, faxes, tweets, etc.)

6. Make sure the other side has authority to bind.

7. Make sure your attorney understands the UCC Article 2 and can explain to you.

8. Read! Read! Read!9. Ask Questions! Ask

Questions! Ask Questions!10. Under GA law, businesses

MUST be represented by Counsel.

Tip #6: Invest [to stay legal]!

Particularly invest in (1) experts, (2) CLEs and (3) marketing (even doing rough times because your competitors will act “logically” and cut their marketing budget) but if you act counterintuitively, you will have an advantage- guaranteed!

“You can tell what a person values by where they spend their money.”

What do YOU value? Exercise

Close your eyes and reflect on your last month’s bank statement for your business.

Where did the top percentage of your money go?

True Story: $25,000 (average cost of litigating a breach of contract case) vs. $2,500 (average cost for me to draft your contract to severally reduce the risk of coming to this point)

“A Marketing Plan is only a Plan without resources behind it.”

Tip #7: Learn TQMTotal Quality Management (Ex. Toyota)=

value throughout the entire service/product chain

From Start Finish you are creating VALUE for your client. MOST IMPORTANT: Feedback and Follow Up!

Remember…A Happy Customer Doesn’t Sue

Ex. KLP processes

Tip #8: Stay Out of Social Media Legal

Troublewww.kendricklaw.wordpress.com (bi-weekly blog)Evolving, exciting and new law but BEWARE- Same

traps as before.Legal Issues: Harassment, Defamation (libel and

slander), employment issues, IP issues, etc.“5 Social Media Mistakes and Their Legal Consequences”“Precautions to Take on Social Media”“Advice Before You Fire Someone Over a FB Post”“5 Fabulous Small Business Logos and How to Legally

Protect Them”“5 Steps to Create a Marketing Plan That Won’t Put You In

Court”

Tip #9: Continuously “net-connect”

This is NOT “networking”!Networking tends to be about me! Me! Me! This

is about “You! You! You!” Active vs. passive engagement and

CONSISTENCY is key!Things to Remember:

Question to Ask: How can I HELP or ADD VALUE to this person? What sources do I possess to do that?

Quality vs. Quantity: Walking away with 5 people I think I can help and know vs. 25 ppl. I can’t help and don’t know.

Doing Business with People Not Businesses: People refer other people (personalities) not necessarily businesses.

KLP’s NetConnecting Network

We provide access to a number of opportunities and resources on a CONSISTENT basis. For example...Monthly e-newsletter: Sign up by visiting

www.kendricklaw.net (Over 1,000 subscribers)Facebook: www.facebook.com/kendricklawpractice (850

“likes”)Twitter: www.twitter.com/kendricklaw (Almost 2,000

followers)LinkedIn: http://www.linkedin.com/in/darshunkendrick

(Over 2,500 connections)Weekly Blog Discussions: www.kendricklaw.wordpress.com

(av. 75 views)Consultations: www.kendricklaw.net

Tip #10: Form Strategic PartnershipsNOTES:

Not any old partnership---STRATEGIC is the key word!

“Partnerships” used loosely not based on an actual legal relationship but mutual understanding.

BEWARE: There is a LEGAL DIFFERENCE between a legal partnership and a joint venture. View blog for more details.

Two ways:1- Client2- GnT Partner

Women Related Issues1. Know Your Worth and STICK to it2. Don’t be afraid to ask for questions (men

won’t do it) but ask strategically3. Ask for the sale! You won’t get it unless you

ask.4. Don’t be scared to say “no” to anyone at

anytime under any situation.5. You CAN do it all---have a career AND

family.

Dar’shun N. Kendrick, Esq.(678) 739-8109 [office]

dkendrick@kendricklaw.net