1. How does a Buy/Sell Agreement protect a business with multiple owners?

A Buy/Sell Agreement is a critical document for organizations with numerous partners or owners. It serves as a pre-established legal framework for resolving internal disputes and dictates how an owner’s share of the business is handled if they leave. By having this agreement in place, you can avoid costly litigation and ensure the company’s stability during a transition.

2. Why is legal guidance critical during the formation of a partnership or other business entity?

Partnerships and other entities can take several different forms. Because each carries different levels of liability and management authority, receiving professional advice during the formation stage is critical. Our attorneys help you choose and document the right structure to protect your personal assets and clearly define the roles of each partner from day one.

3. What authority is granted to an “agent” under the Power of Attorney?

In a Power of Attorney document, the “principal” grants specific authority to the “agent” to act on their behalf. This legal document is helpful for business continuity, as it empowers the agent to make decisions, view records, sign important documents, and handle private matters when the principal is unable to do so personally.

4. As a small business, what is the process for collecting a debt from someone?

An attorney can help a small business collect a debt by escalating the matter from informal reminders to legally enforceable action, while ensuring every step complies with state and federal law to maximize recovery and avoid missteps. An attorney can review your current information, send a formal demand, file a lawsuit if needed, obtain a judgment, and use legal tools like garnishment or asset seizure to enforce the judgment.

5. What types of disputes does a business litigation attorney handle?

Common matters include breach of contract, partnership or shareholder disputes, employment and wage issues, real estate or lease conflicts, fraud and misrepresentation. At our firm, we handle a wide variety of disputes, so contacting us with your issue is the first step to determining the best way to handle the matter.

6. What should you do if you have been named as a defendant in a small claims court case in North Dakota?

The main steps to take if you are served with a small claims action are to read the paperwork carefully, decide whether you dispute the claim, and answer, request a hearing, or consider removing the case to district court within the deadline. If you do nothing, the court can enter default judgment against you after 20 days from the date you were served. You can represent yourself in small claims court if you feel you have a strong case. If you aren’t comfortable with this plan, you should consider talking with an attorney.

7. What steps should you take if you have been served with a summons and complaint in North Dakota?

First, read the papers thoroughly.  It’s very important that you take note of response deadlines. For example, in North Dakota, a defendant usually has only 21 days after being served with a district court action to respond with a written answer. It is wise to consult an attorney as soon as possible to understand your rights and responsibilities.

8. Whether you are the plaintiff or defendant in a civil legal action, can you expect your case to go to trial?

Most civil and business disputes settle before going to trial through negotiation, mediation, or other forms of alternative dispute resolution. If you choose to be represented by an attorney, they will try to negotiate a settlement and, usually, at the same time, prepare whatever is necessary for a trial, in case a settlement is not successful.

9. What are the customary fees for representation by a business or civil litigation attorney?

Usually, in these types of cases, attorneys charge by the hour. There can be so many variables, so it is difficult for an attorney to establish a flat fee. In addition to attorney’s fees, you should be prepared for additional costs for service fees, filing fees, and other costs. An experienced attorney will discuss the various cost possibilities before moving forward. Be prepared to initially pay a retainer to begin the legal work.

10. Are non-compete agreements enforceable in North Dakota?

Although non-compete agreements are largely prohibited in North Dakota, businesses can still protect legitimate interests through other tools. For example, employers can assert trade secret protection if a former employee uses confidential information, such as proprietary formulas, processes, or customer lists, in a new business setting. Working with a knowledgeable, experienced business litigator is suggested when questions arise regarding non-competes.