The Law Office of Robert B. Jacobs

Business Law

Good legal counsel can be invaluable in managing risk in real estate and business transactions. When a deal goes go well, it’s often because of the good legal counsel that was involved. When things go poorly, good legal counsel can be essential in resolving the problems that come up.

Successful business people have a good understanding of their own business. They know what needs to happen in order to make their business run well. They understand revenue, cost, dealing with vendors or suppliers, and working with employees. However, these same successful business people recognize that business transactions involve risk. Making sure that a business is protected in case of a problem is a valid concern of successful, thoughtful business people. Such business people will often involve legal counsel in the preparation of a contract, the extension of a lease, the extension of an option, or other matters that involve competing rights or interests. If a contract or other agreement is signed and everybody performs their obligations, then it may never become necessary to review or revisit that contract. But when a problem develops, everybody digs into their file to look at their contracts. When this happens, a carefully prepared contract can be invaluable. A simple quote that is sometimes used in legal circles is that “People look at their contracts most closely the second time.” This means that people seldom look at their contracts carefully when they are being drafted or signed. But when a problem arises, everybody immediately focuses on the language of the contract – because often the contractual language determines who will win and who will lose in any given dispute.

Good legal counsel can help business owners and managers recognize risk. Legal counsel can help business owners implement plans for addressing and managing risk, and can help reduce risk by preparing documents designed to protect the business owner. Good lawyers help their clients develop strategies for dealing with difficult situations. When litigation becomes necessary, these lawyers develop a strategy for achieving a successful outcome. Whether it’s dealing with unpaid collectibles, advising on supplier problems, or defending a claim on a defective product, a good lawyer often becomes a close confidant and advisor of careful, thoughtful business people.

What should a client look for in a lawyer? First and foremost, a client should look for honesty and integrity. If a client thinks a lawyer may not be forthright with other people, why should that client think the lawyer will treat the client any differently? Clients rely on lawyers for their understanding of a case, as well as for recommendations on many things, such as hiring of accountants, expert witnesses, and other professionals. Clients rely on lawyers to bill fairly and honestly. Clients rely on lawyers for an honest opinion about strategy, and clients need to have confidence that their lawyer has the client’s best interest in mind and not those of the lawyer.

An effective, successful lawyer has good communication skills with opposing counsel, clients, and judges. A good lawyer has a quick mind, a good intellect, and the ability to quickly grasp the key points of any given situation. A good lawyer is a facilitator and a problem solver. He or she knows how to quickly identify a problem and how to develop a solution that’s both workable and effective. A good lawyer knows how to identify and organize available resources so that a client’s problem is quickly and effectively resolved. That’s one reason good lawyers consider themselves as much advisor as advocate. A good lawyer not only advances his client’s interests with others, but also quickly identifies his own client’s needs, values, and interests – and then a good lawyer works diligently to accomplish them. These are many of the hallmarks of a good, effective lawyer.

Below is a list of representative transactional and litigation matters handled by the Law Office of Robert B. Jacobs.

Transactions

  • Preparation of all legal documentation associated with sale of aircraft component repair facility owned by international venture. Services included review and negotiation of all contract and sale documents, as well as negotiation and preparation of lease documents, including lease of Federally owned property.
  • Ten years later, legal services included in subsequent resale of this same operation. Services included negotiation, drafting and preparation of contracts and all documentation related to such sale.
  • Negotiation and preparation of all contractual and related documentation for partial breakup of family owned real estate partnership. Partial distribution included both cash and commercial properties distributed to the withdrawing partner. Services included review of all documentation involved in subsequent sale of properties received in the distribution.
  • Negotiation and preparation of contracts and related documentation for the purchase of several restaurants, including real property, from failed restaurant chain, including purchase in bankruptcy proceeding of one restaurant free and clear of all liens. Services included all negotiations and contractual preparation for subsequent sale of most of these restaurants.
  • Negotiation and preparation of all documentation related to the sale of 96 acre agricultural property near Chico, California. Services included preparation of contract of sale, all disclosures, and all necessary documentation relating to the sale of said property.
  • Structured and drafted stock buyout arrangement between key shareholders of Hong Kong Holding Comany concerning shares of stock of shanghai pharmaceutical company.
  • Representation of investor in a commercial building development following completion of construction. Handled buyout negotiations following developer’s inability to find adequate long terms lessee.
  • Represented long-term tenant of commercial property in exercise of first right of refusal in connection with prospective purchase of the leased property
  • Advised developer and owner of commercial office building and other commercial properties with respect to loans and negotiations with related investors.
  • Ongoing Preparation of commercial leases for commercial landlords and tenants
  • Preparation of form contract to be used by real estate mortgage broker in connection with services obtaining loans by clients

Litigation

  • Successfully represented seller of franchised restaurant at trial after the buyer backed out of the transaction at the last minute
  • Successfully defended the buyer of a business in a lawsuit filed many years after the business had been purchased on credit
  • Successfully defended a general contractor at trial in a lawsuit filed by a subcontractor for work done at an automobile dealership
  • Successfully defended a co-owner of an apartment complex in a suit filed by the other co-owner
  • Successfully defended a mortgage broker in a series of several suits filed by various borrowers concerning lending practices
  • Successfully represented seller of two apartment complexes after the buyer defaulted on loans and following foreclosure
  • Successfully represented a field service engineer in a lawsuit for collection of substantial unpaid fees for services incurred in connection with repairs of high end specialized equipment
  • Successfully defended a business owner at trial from claims of non-payment for substantial printing services
  • Successfully represented builder who was a partner in the development and substantial remodeling of a commercial building