Tips for Finding Legal Services

Many business situations require professional legal advice, such as accounting and labor relations.  An attorney can advise you on your rights under the law as well as provide information on legislation that may affect you.

Selecting an attorney is similar to selecting a physician. Attorneys concentrate on specific types of cases as do doctors. The first step is to define the nature of the matter, and then find the lawyer who can best address your needs.

Where to look for a lawyer:

Most people find a lawyer by asking friends, colleagues or neighbors for a recommendation. Another source of information is the Martindale-Hubbell Law Directory, found online or in your local public library. For over 100 years the directory has provided as complete a roster as possible of the members of the legal profession in the United States and Canada. The directory gives brief biographical sketches of many lawyers and describes the areas of the law in which they practice.

Also check with the Lawyer Referral Service of your state, city or county bar association, usually listed in area telephone directories. Under a referral service, the lawyer will consult with you for a half hour without charge or for a prescribed and nominal fee, and then render whatever services are requested for an agreed-upon fee. If the lawyer cannot handle your problem, he or she will refer you to another lawyer. You should be aware that a lawyer often can ask to be placed on a referral list. Being on the list does not automatically mean that the attorney is qualified to handle a particular area of the law. However, bar association lawyer referral services will attempt to refer you to an attorney experienced in the area of law relating to your problem.

Since lawyers can advertise their services, you may want to check the Yellow Pages of the phone directory. Make sure you verify the information contained in the claims made in these ads concerning both services and payment.

Don't forget to check out the business at bbb.org!

Guest Blog: The Distributor Agreement

Below are answers to some frequently asked questions related to Distributor Agreements.

Q: How can I protect my interests as a Distributor?
A: Rule No. 1: "GET IT IN WRITING!" Make sure you have included the important terms in a well drafted  Distributor Agreement, and that it is signed by each of the parties.  

Q: How do I know who is responsible for the shipment and when risk transfers to me or another party?
A: Make sure the risk transfer terms are clearly set forth in a comprehensive Distributor Agreement.

Q: Who will pay for tariffs, taxes, customs duties, etc.?
A: Make sure the allocation of responsibility of tariffs, taxes and customs duties is clearly set forth in a well-drafted Distributor Agreement.

Q: How can I reduce the risk of my Buyer circumventing me and dealing with the Supplier directly?
A: Make sure non-circumvention terms are clearly set forth in a well-drafted comprehensive Distributor Agreement.

Below is a Distributor Agreement Checklist.*

1. Legal Identity of the Parties of Distributor Agreement (it is important that the identity reflect the legal names of the entity(ies) and/or individual(s) and the State or Country where the entity is registered, as well, as the full address).

2. Appointment of Distributor for Distributor Agreement (or Seller, Reseller or broker).

a. Specify whether Distributor Agreement is an exclusive or non-exclusive distributor agreement;

b. Set forth territory;

c. Specify if there is a right to bind supplier; and
d. Permit or prohibit assignments of the contract and/or appointment of sub-distributors.

3. Term and Termination of the Distributor Agreement.

4. Define Products or Services and reservation of rights, right of first refusal, etc.

5. Clearly set forth Pricing terms (e.g. initial, notice for changes, etc.) for the Distributor Agreement.

6. Terms of Payment (Currency, Letter of Credit, etc.) for the Distributor Agreement.

7. Performance requirements (sales targets, remedial measures, etc.) for the Distributor Agreement.

8. Procedures related to Ordering and Shipping (risk allocation, etc.) for the Distributor Agreement.

9. Supplier's Responsibilities (min. & max. order, tech. support, marketing, etc.) for the Distributor Agreement.

10. Distributor's Responsibilities (inventory, reporting, training, etc.) for the Distributor Agreement.

11. Government filings or approval (allocation of responsibility, etc.) in relation to the Distributor Agreement.

12. Warranty (minimum warranty required by law, defective product procedure, etc.) applicable to products sold under the Distributor Agreement.

13. Intellectual Property rights (parties rights, granted and reserved, etc.) including but not limited to, use of Trademarks for marketing purposes, granted via the Distributor Agreement.

14. Termination (auto renew, special circumstances, etc.) provisions of the Distributor Agreement.

15. Non-Circumvention & Confidentiality terms for Distributor Agreement.

16. Whether Assignment of Distributor Agreement is allowed and under what circumstances.

17. Post-Termination Rights, remedies, etc. to be included in Distributor Agreement.

18. Dispute Resolution process for disputes arising under Distributor Agreement.

19. Non-compete provisions required by either party to the Distributor Agreement.

* This checklist is published with authorization from Grenier Law Offices, PC.  To view the entire article, go to http://www.contactmylawyer.com/distributor-agreement.   This article is provided for information purposes only and is not legal advice.  Also, it does not contain an exclusive list of issues. Do not rely solely on this checklist. Consult a qualified attorney with regard to the specifics of your situation.

Michelle L. Grenier, Esq. is a business lawyer and founder of Grenier Law Offices, PC, a Better Business Bureau Accredited Business since 2002.