Business North Carolina magazine honors Tar Heel lawyers by publishing Business North Carolina’s Legal Elite, a listing of the State’s top lawyers in business-related categories.  Winners are chosen not by the magazine’s editors, but by the state’s lawyers.  In developing the list, Business North Carolina made ballots available to more than 20,000 Tar Heel Lawyers and only 3% were selected for Legal Elite.

Jason A. Miller has litigation experience in state and federal courts throughout North Carolina and beyond.  He has represented Fortune 500 companies in complex business litigation matters, builders and developers in real property disputes, information technology companies in trade secrets disputes, partners in closely-held company disputes, investors in business deals gone awry, and dozens of cases in between.  Jason has litigated matters in more than a dozen counties in North Carolina and is licensed to practice in every state and federal court in North Carolina.  Most recently, Jason became licensed to practice law in his home state of New York.

Jeffrey R. Monroe commenced his legal career in the Raleigh office of a mid-sized insurance defense firm, where he handled a variety of litigation matters throughout the state, including defending individuals and companies in personal injury claims, construction defect claims, and business disputes.   Since joining Miller & Monroe in 2013, Jeff has litigated business disputes, estate and fiduciary disputes, personal injury claims, and a variety of other civil litigation matters.

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Business North Carolina magazine honors Tar Heel lawyers by publishing Business North Carolina’s Legal Elite, a listing of the State’s top lawyers in business-related categories.  Winners are choosen not by the magazine’s editors, but by the state’s lawyers.  In developing the list, Business North Carolina made ballots available to more than 20,000 Tar Heel Lawyers and only 3% were selected for Legal Elite (including Mr. Miller’s wife Kimberly Miller of Owens & Miller PLLC).

Jason A. Miller has litigation experience in state and federal courts throughout North Carolina and beyond.  He has represented Fortune 500 companies in complex business litigation matters, builders and developers in real property disputes, information technology companies in trade secrets disputes, partners in closely-held company disputes, investors in business deals gone awry, and dozens of cases in between.  Jason has litigated matters in more than a dozen counties in North Carolina and is licensed to practice in every state and federal court in North Carolina.

The post Jason A. Miller named to 2015 Legal Elite list. appeared first on Miller Monroe Holton & Plyler.

A partnership is the most basic business formation. Unlike LLCs and corporations, no paperwork is necessary to create a partnership under North Carolina law; the only requirement is two or more people who intend to carry on as co-owners of a business for profit. But just because a partnership can be formed without the benefit of any paperwork, it doesn’t mean that is the best route to follow.

Unlike other business entities, each member of a partnership has unlimited liability for the debts of the partnership. This liability is not limited to business assets. Creditors of a partnership can (and do) levy against the personal assets of the partners. In theory, if you own 5% of a partnership, and bad business decisions leave the partnership in debt for $1 million, you could be found personally liable for the entire amount.

One way to avoid this is by registering as a limited liability partnership (which will be discussed in another post). Another way is by drafting a partnership agreement, setting down the terms and scope of the partnership in writing. A well-drafted clause in a partnership agreement setting the limits of the scope of the individual partners’ authority can prevent you from being personally liable for a contract made in the partnership’s name. In general, if one partner signs a contract that is not within the scope of his authority under the partnership agreement, the remaining partners will not be personally liable for that contract. In some instances, such a clause can allow the partnership to recover real property which one partner has signed away.

In addition to limiting the scope of authority, a partnership agreement should spell out how the ownership of the partnership should be divided, how the partners will share profits and losses, and how an individual partner can withdraw from the partnership. A little bit of planning before entering into the partnership may save a lot in litigation expenses on exiting the partnership.

At Miller & Monroe, we have experience with small businesses clients, and we would be happy to draft an agreement custom-tailored for your partnership.

The post I’m forming a partnership with a friend of mine. Do I need any sort of paperwork? appeared first on Miller Monroe Holton & Plyler.

With a small firm, you get the best of both worlds. For the cost of a junior associate at a large firm, you get a lawyer who will not only manage the client relationship, but who will also perform the legal work.  Despite what big firms would love to have you believe, it is rare that a litigation matter involves the degree of specialization offered by large firms.  If you have a relationship with a small firm that you trust, your lawyer will advise you when the specialization (and expense) of a large firm is needed.

At Miller & Monroe, we have been in your shoes. We have experience managing multimillion dollar budgets and dozens of staff.  We understand the budgetary pressures of the business world and knows that if a dispute is being litigated, it must be critical to the corporation and deserves our full attention.  You are not a number at Miller & Monroe. We view each corporate client as a partner and will treat your business as if it is our own.  We might not have the marble and mahogany, but Miller & Monroe has the knowledge and expertise to be your corporate litigator.

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