Who are Brophy Law clients?

Typically, small-medium companies looking for clear legal advice, tailored to their specific questions or issue. The original focus was on business, but that has evolved to include succession planning, wills, and estates. This means working with clients to find thoughtful practical solutions to avoid and/or resolve disputes in succession planning and estate matters.

How has Brophy Law changed since the role of the internet and paralegals have grown?

Brophy Law has excellent resources in law clerks and paralegals, who do routine work with a minimum of direction. This frees Dorothy to meet with clients and make sure you understand the work undertaken and the reason for it – often, the legal question you come in with is not the one you thought you had!

How do we structure our business to accommodate our strategy for growth?

This will depend on what your strategy is. Decide on the direction  – how you get there will follow.

What legal work needs to be done to ensure that we get a fair deal from investors?

If you know what you own and can present an attractive package for investors, you are well on your way. A fair deal is one in which you confidently showcase your assets (including your goodwill), and get the money you need at a price you consider fair, given the risk of the investor and the investment you have made in establishing your business.

Are our ownership interests clearly defined? Do they need to be in writing?

If you are looking to optimize your opportunities to strike a good deal, you need to have written agreements clearly defining what the business owns and who owns the business.

How do we strengthen our management team and get solid employment agreements in place?

To attract good people all parties must know what the expectations are! Ensure that every senior employee has a written employment agreement that clearly sets out their role and compensation package. There are ways to attract employees with future rewards without necessarily sharing ownership.

How do we avoid losing control of the business if we bring in new partners?

Depending on your circumstances, you could look for passive investors who are asking you to run the business and give them a fair return, not investors who want strong oversight rights.

What's needed to expand our business into foreign jurisdictions?

In a global economy this is a complex question. The enforcement of both ownership rights and other contractual rights vary. You need a good legal quarterback to work with local counsel in the target market.

How do we protect our property rights in other jurisdictions?

Property rights, including security interests, are governed by local laws. Your legal advisor can help you verify these rights in consultation with counsel in the foreign jurisdiction.