Tag: small business

Business disputes happen. It doesn’t mean you failed, and it doesn’t mean your business is broken. What matters is how you respond—and that you protect what you’ve built.

1. First: Let Go of the Shame

If you’re in a business dispute right now or have been in one before, take a breath. Business conflict is not personal failure. It’s not something to be embarrassed about. Business law exists because these situations come up for all kinds of companies, from startups to large legacy corporations.

Most of the time, disputes aren’t even about anyone doing something wrong—they’re about misunderstandings, unmet expectations, or poor communication. That’s why it’s so important to take the emotion out of the process.

Stay grounded. No one is judging your business decisions. You’re learning, growing, and protecting your work—and that’s smart leadership.

2. Start Documenting Early

Before you respond, before you vent, before you hit send—document. A clear, simple timeline of what’s happened so far is incredibly helpful for you and any professional who may assist you.

Start with:

  • Key dates (when did things begin to go sideways?)
  • Email exchanges, text messages, voicemails
  • Contracts, invoices, service agreements
  • Notes from phone calls: who said what, and when?

Write it out like a story. Include everything, even if it feels small. Good documentation protects you and helps make your case clearer—whether you’re working toward resolution or preparing a legal defense.

3. When to Loop in a Lawyer (Hint: It’s Sooner Than You Think)

Many small business owners only think to call an attorney after they’re being sued. But truthfully, a short consult in the early stages can save thousands later.

Signs it’s time to call an attorney:

  • The other party isn’t responding and money is involved
  • You’ve received a formal demand letter or legal threat
  • A partner or vendor stops communicating altogether
  • You’re unsure how to phrase your next step and want to avoid triggering more conflict

A good business attorney isn’t there to escalate—they’re there to help you protect your business and resolve things with minimal drama. Sometimes, just having a lawyer send a clear and professional communication shifts everything.

4. You Don’t Have to Go to Court

Court is one option—but it’s rarely the first or best. Most business disputes settle long before a trial date. Mediation, negotiation, or even a well-phrased letter can bring parties back to the table.

Other resolution tools include:

  • Informal negotiation with legal guidance
  • Mediation (neutral third-party facilitation)
  • Contract revision and mutual exit agreements
  • Payment plans or refunds in exchange for waiving claims

In many cases, once emotions are out of the equation, both sides simply want closure. And closure doesn’t require court.

You Can Handle This

Disputes are part of business. They don’t mean you’re reckless or irresponsible. The real power move is addressing them with calm, clarity, and support from professionals who know how to navigate the landscape.

Protect what you’ve built. Pause before reacting. Document everything. Ask for help.

And always remember: it’s just business—and you’re not alone.

Want to be ready just in case? Download our printable guide: How to Handle a Business Dispute with Grace and keep it handy. It’s there for the moment you need it, with simple steps that protect your time, energy, and business.

Photo credit: Photo by Kampus Production: https://www.pexels.com

I had an incredibly sobering conversation this week. It centered around an analogy that stopped me in my tracks—and I want to share it with you.

Imagine a Waterfall…

Now imagine your business is on a river. Some businesses are way upstream, paddling with confidence. Others are drifting closer to a rapid. And some—maybe more than we realize—are already going over the edge. The waterfall analogy is a clear picture of why we need to protect our businesses, “before the fall.”

Here’s how it breaks down:

Above the Waterfall: Calm Waters and Confidence

Many business owners are floating far upstream. They’re doing well—profitable, stable, and maybe even growing. They believe the dock they built will always hold, and the idea that something could “unmoor” the boat isn’t even on their radar. These owners aren’t looking for support—because it doesn’t feel like they need it.

Drifting: A Sense Something’s Off

Then there are owners who feel the current picking up. They know something’s not right. Maybe sales are slowing. Maybe they’re working longer hours, or cash flow is getting tighter. But instead of asking for help, they paddle harder. They’re thinking positive. They’re surrounded by messaging that tells them success is just around the corner if they hustle harder.

There’s a subtle taboo in the business world about saying:
“Something isn’t working.”

On the Edge: The Point of No Return

Some business owners are at the very crest of the waterfall. Everything feels chaotic. The team is stressed, money is tight, and decisions feel reactive instead of strategic. There may be one last chance to avoid the drop—but gravity is real. And unfortunately, many businesses don’t seek help until it’s too late.

At this point, the panic sets in. Some throw everything out of the boat—employees, marketing, even inventory—hoping to lighten the load. Others resign themselves to the fall, believing it’s too late.

At the Bottom: Soaked, Shaken, and Searching

Then there are the business owners I meet most often: the ones at the bottom of the falls. Soaked, exhausted, unsure what just happened. They’re looking for their oars, trying to figure out how to rebuild. 

And while I love helping them recover—crisis consulting is meaningful, life-changing work—I know in my soul my real mission is preventing the fall.

From Recovery to Prevention: A Shift in My Mission

For the last six years, nearly all of my clients have come from referrals—usually after something went very wrong. I’ve been able to help them stabilize, rebuild, and regain clarity. But I want to shift the conversation.  The truth is, there is a ton of shame that prevent business owners from seeking help. 

I want to reach business owners before the drift begins. Before the warning signs become a waterfall. Before an unexpected emergency or lawsuit takes them out.

Why Prevention Matters: Real-World Risks in Business

Let’s give credit where it’s due—the SBA, SCORE, and other startup resources do great work helping new business owners with plans, funding, and mentorship. But what happens after your business is up and running?

The real work begins. That’s when you need:

  • Key man insurance to protect your business in case something happens to you.

  • A clear understanding that unemployment insurance doesn’t cover owners.

  • Legal and HR systems that protect against liabilities.

  • Financial structure, compliance, and operations planning.

  • Strategic forecasting for capacity and cash flow.

If you’re in a state like California, employment law is one of the fastest ways a business can get thrown over the falls. An unexpected claim, a misclassified contractor, or a wage & hour issue can spiral into litigation, penalties, or worse. 

There are a lot of things in the market that business owners cannot control. Regulatory changes, disruptive products and services, employees leaving, etc.  BUT if we are allowing our ego (and shame) to prevent us from taking action with what we can control, we are potentially setting ourselves up for a trip over the falls. 

My Story: Why I Ring the Bell

If you’ve followed me for any length of time, you know the story of UNEQ, the company we lost in 2013 after my husband’s near-fatal accident. That moment changed everything. We didn’t have the protections in place. No safety net. No key person insurance. It wasn’t just a financial crisis—it was a personal one.

I’m not here to fear monger.

I’m here to tell the truth: We often wait too long to get the skills and support we need to run a business—not just start one.

If you’re drifting—or if you’re still tied to the dock but haven’t looked downriver in a while—now is the time. Not to panic, but to prepare.  If you’d like to chat with me about a legal audit of your business in California, just reach out for a consultation. 

 

*photocredit* Maspnet.com Photographer: Esperanza

Running a business without written agreements puts you and your clients at risk for misunderstandings, missed payments, and legal disputes. It’s especially risky in today’s landscape, where chargebacks (where clients dispute charges through their credit card company) can result in the loss of money even if your policy is “no refunds.” Without a written agreement, you’ll likely be forced to refund payments—regardless of your stated policies.

The truth is, contracts, or as I like to call them, business agreements, don’t have to be complicated, written in legalese, or span 20 pages to be enforceable. What they need to be is yours—clear, written in simple language, customized to your needs, and signed by both parties. When I say don’t “copy/paste,” I mean just that. Yes, you can follow templates, but don’t insert language you don’t understand just because it looks professional.  

*** Required disclaimer: This is not legal advice, meant for educational purposes only, if you have a contract matter- please discuss with an attorney***

Okay, now on to our discussion. 

Here’s what your agreements should include:

1. Be Clear and Keep It Simple

Nobody likes legalese—trust me, nobody. Skip the formal jargon. If the agreement is for six months, say that directly. If there are four monthly payments, spell that out. People want clarity, and your agreement doesn’t need to be fancy to be enforceable. In fact, you can have a legally binding agreement on a napkin (there’s a famous case about this!). But, for professionalism’s sake, keep it concise and clear.

2. Use the QTIPS Framework

To ensure all bases are covered, use the QTIPS framework to guide you in writing your agreements:

  • Q: Quantity (6 sessions, 2 products, etc.)

  • T: Time of Performance (15 days, 6 months, etc.)

  • I: Identity of the Parties (Who’s involved? You and your client? Identify them!)

  • P: Price (What is the cost of the services/products?)

  • S: Subject Matter (What are they buying? Coaching? Products? Services?)

With this in place, there’s little room for confusion. For example: “This agreement between Me and You is for six 30-minute life coaching sessions over six weeks for $350.” All terms are clearly laid out.

3. Spell Out Your terms

This is a common area where business owners often leave gaps that later create headaches. If you have a no-refund term, write it down. If there are time restrictions for rescheduling (e.g., within 48 hours), state that upfront. Similarly, if you require deposits, payment in full before certain services, or have any other terms, include them in your agreement.

It’s far better to have customers review your contract terms before purchasing, rather than dealing with disputes later. Trust me, it’s less stressful to turn someone down upfront than to face a chargeback down the line.  And without getting too legally for you, we often treat policies and contract terms as different. 

Generally, we describe policies as applying to everyone equally in your business, regardless of the products or services they contract for.  “Our policy is to require 48 hours’ notice to change an appointment.” But a contract is between you and the other party specifically (QTIPS). You can negotiate a term. “I’m requesting the option to provide 24 hours’ notice to you due to the nature of my business.”  That term can be negotiated in an agreement between the two of you. 

So, if you are relying on your websites’ policies to fight a chargeback or otherwise prevent a refund, and it is not a term in the contract, there might be some stickiness with certain payment platforms or credit card issuers.  Please check with an attorney if you need guidance in this area. Us lawyers had weeks and weeks and weeks and weeks of law school and legal cases to read (I know, I’m exaggerating, or am I?) on the exciting world of contract terms. Exploring the exotic world of, “what terms are included in this scenario? That one? Is that an Oxford comma?”

4. Get Any Changes in Writing

Changes will happen. Whether it’s a change of schedule or an amendment to services, always get the changes in writing. Even something informal like, “We’ve agreed to change the dates for yoga sessions” should be clearly documented.

At a MINIMUM send an email documenting the changes to the agreement. You can send an, “I’m just following up our phone conversation with this email to ensure we have everything clearly documented……”  At the end of the email., “If you see something I left out or need to change, please hit reply and let me know.  It was great speaking with you earlier today.” Please do this as you get off the phone- not two days later. If you know that you will not get to it right away, have excellent notes. 

Even better? Send over the changes in a separate document, and you both sign.  Create a word document, send it to the other side, once it’s absolutely captured the changes, make a .PDF, send for signature or e-sign. As much as possible, keep everything signed and dated to avoid confusion.  Don’t rely on memory or scribbles on your notepad—put it in a formal writing!

5. Be Prepared to Enforce the Agreement

This part of business isn’t easy, but it’s necessary. You have to be prepared to enforce your agreements if the need arises. In my own business, I allow clients to pause services for a month or two if life happens—but we don’t just “cancel” agreements because life got in the way. We finish what we agreed to. My livelihood depends on it, and your business should be treated with the same respect.

You may never need to enforce an agreement, but if it comes to that, be firm. Ensure your agreements are followed and recognized.

6. Get Professional Legal Review for Complex Agreements

For more complex agreements, like buying or selling a business, purchasing or leasing equipment, or drafting partnership agreements, always consult an attorney. These types of agreements often involve significant risks, and it’s essential to get them right from the start.

If you can’t afford a full-time attorney or don’t want to hire someone long-term, there’s an excellent online resource called Contracts Counsel. This platform allows you to hire attorneys on a project basis to review or draft legal agreements tailored to your specific needs. It’s an affordable way to ensure your legal documents are in top shape.

A Final Note

While hiring an attorney may seem like an extra step, it’s an investment in the long-term stability and success of your business. Having a clear, legally binding agreement not only protects you but also gives your clients peace of mind, knowing that both parties are aligned in terms of expectations. Don’t let a misunderstanding or poorly crafted contract harm your business—take control of your agreements and protect your interests.

For California Business Owners

If you’re a small business owner in California and need help reviewing or drafting your contracts, I’m here to help. Reach out for a consultation, and we’ll ensure your agreements are legally sound and protect your business.

In the wake of the pandemic, many businesses had to pivot, and for some, the decision to close their doors can feel like a failure. We’re conditioned to think that shutting down a business is a sign of defeat, but that’s simply not the case. Closing a business can be a power move—one that allows you to cash out of something you’ve built but that no longer serves you or your goals.

I’ve been there myself. As a serial entrepreneur, I’ve voluntarily closed businesses that were no longer in alignment with my family’s needs or my personal vision. It’s a decision many entrepreneurs face, and while it can be difficult, it’s often the smartest choice in today’s fast-changing economy.

Why Closing Can Be the Smartest Move You Make

Today’s economy looks vastly different from even just a few years ago. The pandemic changed how we do business—what we need, how we operate, and how we connect with customers. And while many businesses are thriving post-pandemic, others have struggled to adapt. Smart entrepreneurs know when to walk away and realize that closing is a way to preserve energy, financial resources, and personal well-being. Holding on for the sake of obligation or emotion can quickly lead to financial distress, burnout, and unmanageable stress.

Here are a few instances when closing a business can truly be a power move:

1. The Market Changed, But You Don’t Want To

Back in 2018, I closed my business, At the Ready Publications, LLC, which published “The Online Magazine for First Responders.” Initially, the market for niche online publications for first responders was strong, with a unique position as a free, digital magazine targeting rural areas. But over time, larger competitors entered the space with more robust offerings, bigger subscriber lists, and stronger sponsorships.

In 2019, two of the biggest players in the industry decided to go fully digital, and it became clear that competing for attention in this crowded, high-resource space wasn’t the right move for us.

So, we closed up shop, cashed out, and dissolved the company—without regret. Recognizing that the market had shifted and that we no longer wanted to compete in that arena was an empowering decision.

2. Your Client’s Needs Changed and Your Business Has Run Its Course

When a business is solving a problem, it can thrive for years. But what happens when the problem is solved or when customer needs change? One of my ventures, Dragon Slayer Tutors, supported law students with the unique challenge of preparing for the “Baby Bar” exam in California. My niche was law students, particularly working adults with families, navigating the challenges of law school.

In 2020, however, my alma mater’s accreditation changed, and the state bar removed the requirement for students to pass the Baby Bar. As a result, my business model became obsolete almost overnight. Additionally, many law schools started offering fully accredited online law programs, so the landscape on online legal education changed significantly, and many law programs offered remote tutoring and study opportunities. 

Rather than fighting to keep it alive, I recognized that my services were no longer needed by the market, and I stepped away. Instead of feeling bad about it, I was thrilled that my clients no longer needed this particular service. Letting go was a smart decision, not a failure.

3. The Business No Longer Serves You

As a business owner, you are the master and commander of your company. You decide what your business looks like, who it serves, and how it operates. But what happens when the business no longer aligns with your lifestyle, goals, or passions?

I’ve seen many business owners, including a boutique owner and a restaurateur, close their businesses simply because they weren’t having fun anymore. Maybe they’ve outgrown their original vision, or the financials have changed, making the venture no longer profitable.

In some cases, it’s a desire to regain work-life balance—perhaps taking a step back to focus on family or stability, such as returning to a traditional job for health benefits. This can feel difficult, especially in a culture that promotes relentless hustle. But closing a business to align with your personal goals is a power move.

4. Your Business Evolved Into Something Else

Businesses, like people, are meant to grow and evolve. And sometimes, that means closing down one venture to give way to the next.

In my own business, I’ve evolved from solo law practice to a 2-attorney firm practice, now back to solo practice and have refined my areas of focus over the last ten years. I no longer practice as much administrative law, mostly small business.  While it feels like a significant shift, it’s not a failure—it’s an evolution. 

This is something I see regularly with other entrepreneurs as well. As the markets change, we need to change. Law professionals change areas of practice.  Caterers offering a takeout meal service every week.  A previous career coach becoming an HR Consultant. A jewelry designer adding on a brand management service for other designers. Instead of seeing these evolutions as failures or “closures,” let’s start normalizing them as growth.

Changing the Narrative: Closing Isn’t Failing, It’s Evolving

In today’s economy, where so much is in flux, understanding when to pivot, close, or evolve your business is more important than ever. It’s time to embrace the idea that closing a business doesn’t signify failure—it can be an empowered decision that positions you for the next chapter of success.

So, let’s normalize closing a business as a power move. Rather than seeing these transitions as negative, we should celebrate them as evidence of adaptability and growth. As entrepreneurs, we don’t have to cling to the past; we can create the future.

One of the most common question people search online related to contract negotiations on Answer the Public is, “Can you negotiate a contract after signing?” Since that is such a frequently researched topic on the internet, I am going to assume that there is probably quite a bit of buyer’s remorse out there in the world.  And that people are getting into agreements that they end up not feeling good about performing or completing. Or the other party isn’t performing and there’s a risk of breach.

A Little Contract Law Background

Before we talk about potentially changing a contract after it is signed, let’s get a quick (legal but not legal advice) background about contracts.  All contracts must contain a few “elements” or parts to be legally “enforceable.”  These are “mutual assent,” “consideration,” and “lack of defenses.”  In a nutshell, a legal contract needs two or more parties who are legally able to enter into a contract (not a minor, for example) who commit to and agree on all of the essential terms (like price), both sides are giving something in exchange they do not legally have to (like money for goods), and there isn’t any circumstance that would prevent the contract from being enforceable, like fraud.

If these are all present at the time you sign, or shake, or exchange hugs, the court would likely find a legally enforceable contract. Depending on the jurisdiction (you know a lawyer cannot write an article without the word “depends” or some form of it) verbal contracts are just as enforceable as written ones. So, for the purposes of our discussion here, we are going to start from the presumption that the contract you want to change is a legal contract and that it is fully executable and enforceable.

Changing Contract Terms through Modification

To modify a contract is to just change some terms.  In most written agreements, there will be a statement that “any changes must be in writing and signed by all parties.”  That’s a modification.  The biggest thing about a modification is that both sides agree to the change or changes.  Negotiating changes can be for one thing or for multiple things.  And in some instances, new “consideration” may be required (such as more money) to make the modification legally enforceable. But I suspect if people thought they could get the other side to agree to a change in terms, they might not be researching “Can you negotiate a contract after signing?” on the internet.

Reformation and Recission

There are some legal remedies available after contracts are signed. These sometimes need to be sought in court.  The first is called, “reformation” which is where the contract is rewritten to match the “intent” of the parties or to correct what we might call an “ambiguity.” You and the other party agree to buy and sell each other, “citrus fruit.” You intended to sell limes, he intended to buy lemons but you both agree that the contract was for “limons” (the hybrid), so the contract is rewritten or clarified so that the written agreement reflects the actual intent of the parties. 

A recission is where we walk away from the contract entirely and pretend it never existed. Taking the same example above but this time you cannot agree on the citrus fruit, so the contract is “withdrawn” as if it never existed. This is because you intended limes, he intended lemons, you never agree, so there is no legally enforceable intent.

There are a few legal requirements around the use of reformation and recission, and if you were either the lemon or the lime person in this short example, please consult with an attorney to look at your options.

Should You Even Try to Change the Agreement?

When you are looking to change the terms of an agreement once it has been executed, negotiation, if possible, often results in the best outcome for everyone.  In the current economic climate, I have helped numerous businesses rework a contract so both sides benefit.  Maybe someone needs a longer payment plan or a different delivery date. When you are asking for a sit down to negotiate new terms, be clear about what you need and why.

There is also a percentage of us who might realize the contract we signed is flawed, but we aren’t going to try and change it.  We’re the ones who will just, “suck it up” and not make a noise about it. Those of us who will not try to change “what it is” may do so because on balance, the change we would ask for does not actually make that much of a difference in the outcome. Or maybe there is a long-standing business relationship. Or hope for future business.

How did We Even Get Here?

Finally, I want to talk a little bit about how we get into these agreements in the first place.  Many times, we get caught up with emotions or hope for an outcome; either can prevent us from reading closely the terms of an agreement. Even if we are engaged in the dryest and least emotional transactions, our trust in others can sometimes cause us to enter into an agreement that, well, we’re not happy with. This can happen when the parties to an agreement assume that what was discussed and agreed to in person or on the phone is memorialized properly in the contract writing.  That is not always the case.

Why do I point these scenarios out? Because we’ve all gotten into agreements at one time or another that weren’t exactly what we expected or wanted. There is sometimes some shame around terms we agreed to that maybe we shouldn’t have, and sometimes we may feel stuck with a contract that doesn’t really serve us or is just outright not delivering the promise of the agreement.  

It’s a good idea to have legal support and advice when you are navigating contracts for your life and business. If you have a contract agreement that isn’t serving you or your business, and you want to look at some type of renegotiation after signing, consider hiring an attorney to help you negotiate, draft and review any changes.

**Photo by energepic.com**