Your Trusted Advisers for all Small Business Legal Matters

Having an attorney you can rely on is essential for open communication and to build trust. From business succession planning to intellectual property law, the skilled attorneys at Carosella & Associates have extensive experience in many facets of business law, and our business lawyers will work hard to protect your interests and help your small business thrive.

Our Legal Services

To protect both your personal and business interests, legal assistance with the drafting of documents such as corporate by-laws, stockholders agreements, and other types of contracts is vital. Our business lawyers are experienced in drafting documents such as license and royalty agreements, trademark and copyright registration, the sale and transfer of intellectual property and more.

Our attorneys provide many different professional legal services for businesses, and can assist you with:

 

• Bankruptcy litigation
• Commercial and residential real estate and zoning issues
• Mergers and acquisitions
• Formation of business entities and partnerships
• Intellectual property law
• Business succession planning
• Litigation avoidance strategies
• Nonprofit corporations
• Construction
• Estate planning

Litigation Avoidance Strategies

Regardless of your organization’s size or reputation, managing your business requires practical solutions. One of the most important services we provide is to help clients incorporate litigation avoidance strategies into their business planning, which can help you prevent legal problems before they start.

Settlement and Litigation

Sometimes legal issues are impossible to avoid, and our attorneys are committed to using their skills and experience to provide our clients personalized, professional legal representation. The business lawyers at Carosella & Associates, P.C. have successfully negotiated and settled thousands of cases for businesses in many different types of matters.

Providing counsel, outlining options, suggesting strategies, reviewing documents and protecting your interests are critical elements of our legal services. Regardless of the legal issues you may be facing, we can create and provide your small business with a Customized Business Litigation Plan that includes: a Case Budget; a Litigation Plan; a Discovery Plan; a List of Alternative Options; and an Estimate of Time, Costs and Options at every stage. Our attentive legal team will listen to your concerns and use our combined legal skills to provide advice in sensible terms that are easy to comprehend.

Legal Professionals You Can Trust

Our practiced and professional legal staff is committed to client confidentiality. We value the trust our clients put in us, and believe in using objective and independent judgment consistent with the highest ethical standards. In addition to offering legal counsel in business matters, our firm’s attorneys offer specialized assistance in the areas of estate planning, wills & trusts, probate, bankruptcy, family law, immigration, real estate and criminal matters as well.

Helping you find the right solutions for your business and protecting your interests is our top priority. Carosella & Associates’ experienced lawyers are dedicated to providing quality legal services that meet our small business clients’ needs. Our responsive team of legal professionals will be there for you when you need us. If you are in need of diligent, conscientious and practical legal services, please contact our lawyers in West Chester, PA or Montgomerycounty today!

This blogs was originally posted at http://carosella.com/trusted-advisers-small-business-legal-matters

How to Start Preparing for a Divorce

Going through a divorce can be an overwhelming and complex process. If you are considering divorce, there are steps you can take ahead of time that can make the process less stressful and help you stay organized and focused.

Manage Your Finances

It is important to start putting money aside so you can pay your legal fees and living expenses on a single income. If you are working, deposit all or part of your paycheck into a separate account that your spouse cannot access. Keep track of finances such as your income, your spouse’s income, household expenses, assets and debts.

Reduce unnecessary spending. Refrain from splurging on items you don’t need or making large purchases while you are preparing for a divorce.

If possible, close joint accounts. Typically, both parties on a joint account must give the bank permission to close it. If your spouse agrees, close joint bank accounts and split the money.  If you have credit cards together, either cancel them or remove one person from the account. Be sure to keep copies of all bank statements, credit card statements, pay stubs, tax returns and investment and retirement account statements.

Keep these vital documents in a safe place away from your home, as documentation of all your finances will be very important for your attorney. Open a safe deposit box in your name or store them at a trusted friend’s or family member’s home.  Meet with a financial professional such as an accountant or financial planner. He or she can help you prepare for the economic impact of your divorce.

Prepare for Custody Disputes

Document everything regarding your children in writing. Note which parent takes them to appointments and attends activities such as sports games, recitals and other extracurricular activities. Get records from your children’s school that show who attends parent-teacher conferences and other school functions. Documenting these things will show how involved you are in your children’s lives.

Unless there is violence in the home, stay with your children until your divorce is finalized. If there have been any incidents involving the police or child protective services, get copies of all reports. Drug & alcohol and psychological evaluations may also help to determine why your spouse is ill-equipped to take custody of your children. Store these documents in a safe place. They will be an integral part of determining custody.

Take Care of Yourself

Find a therapist and see him or her regularly. It may be a good idea to have your kids to speak to a child therapist as well. This type of support is essential for your emotional well-being and can help your children get through the divorce process with minimal stress.

Engaging the counsel of a skilled divorce attorney can help make the divorce process easier and less stressful. Our compassionate and experienced divorce law team in West Chester and Chester, Montgomery & Delaware Countieswill support you through the process and make sure your interests are protected.

This blogs was originally posted at http://carosella.com/how-to-start-preparing-divorce

Difference between Chapter 7 and Chapter 13 Bankruptcy

If you are considering filing for bankruptcy, you may feel overwhelmed and unsure about where to begin. Struggling with debt can make it seem like you are powerless, but it is possible to take that weight off your shoulders and achieve your financial goals.

One of the aims of bankruptcy is to wipe out certain debts to give an individual a fresh financial start. Depending on your situation, Chapter 7 or Chapter 13 bankruptcy may be the right option for you.

What’s the difference between Chapter 7 and Chapter 13 Bankruptcy?

Most individual bankruptcies filed are Chapter 7 or Chapter 13 cases. With Chapter 7 bankruptcy, only your non-exempt assets are used to repay debt. If you file Chapter 13 bankruptcy, you must repay at least a portion of your debt.

Your income, assets, debts, and financial goals all play a part in determining which type of bankruptcy is the best choice for your circumstances. Consulting with a bankruptcy attorney who knows the ins and outs of bankruptcy law can help you come to a decision that best fits your needs.

Chapter 7 Bankruptcy

Chapter 7 is a liquidation bankruptcy that is designed to get rid of unsecured debts such as medical bills and credit cards. Chapter 7 Bankruptcy is typically for debtors with few assets who want to wipe out unsecured debts.

When you file for Chapter 7, a court-appointed bankruptcy trustee will determine if you have any nonexempt property to sell for the benefit of creditors. He or she will also review recent financial transactions to see if any can be undone to free up assets to repay to your creditors. The trustee will ensure that your non-exempt property is sold to pay creditors as much as possible of what you owe them. If you do not own any non-exempt assets, your creditors will not receive anything. Typically, a seasoned Chapter 7 bankruptcy attorney will be able to protect most, if not all of your assets and all of the unsecured debts will be discharged.

Although there is no homestead exemption in Pennsylvania, Chapter 7 allows consumers to use federal exemptions that protect up to $23,675 of home equity. If you are married filing jointly you may double this exemption. If you are married, jointly held property cannot be taken to satisfy the individual debts of one spouse.

Chapter 13 Bankruptcy

If you make too much money or have considerable non-exempt assets to qualify for Chapter 7, you may have no choice but to file Chapter 13 Bankruptcy. Also called a wage earners plan, Chapter 13 is a reorganization bankruptcy designed for debtors with enough income to pay back at least a portion of their debts over a span of three to five years.

It is similar to a consolidation loan in which you make payments to a trustee, who then pays creditors. However, it is interest free and often a much lower payment than if you were outside of bankruptcy. Chapter 13 can protect your home from foreclosure, allow you to catch up on missed mortgage payments and give you the opportunity pay off debts such as spousal or child support arrears.

Whether you are considering filing for Chapter 7 or Chapter 13 Bankruptcy, there are many advantages and drawbacks to consider. Our experienced attorneys in West Chester will assess your case and help you determine the best course of action to take. For more information, contact Carosella & Associates to schedule a consultation.

This blogs was originally posted at http://carosella.com/difference-chapter-7-chapter-13-bankruptcy

What can Lawyers do to Help Victims of Domestic Violence? A lot.

Victims of domestic violence often feel helpless, trapped and alone. They may stay with an abuser due to of a lack of resources, issues of custody or fear of retribution if they leave. Enlisting the counsel of an experienced attorney who knows the ins and outs of the court system can help you break the cycle of violence and be an advocate for you and your family.

If you are a victim of domestic violence, you are not alone. According to the National Coalition Against Domestic Violence, 1 in 3 women and 1 in 4 men experience intimate partner physical violence, intimate partner sexual violence, and/or intimate partner stalking in their lifetime.

A domestic violence attorney can assess your case and help you determine the best course of action to take. Before your consultation, sit down and write a list of things you’d like to discuss and questions to ask. If possible, it may also help to write down all incidences of violence, the circumstances and dates that they occurred. Be open and honest with your lawyer. Your attorney is there to advocate for you and needs to know the facts of the case to make strategic decisions, such as specific evidence to present or selecting witnesses to testify on your behalf.

A domestic violence attorney can help in many ways, including:

Get a  temporary or permanent protective order in place. In Pennsylvania, victims of domestic violence can seek a protection from abuse order that may prohibit the abuser from making contact or coming within a certain distance of the victim. In certain situations, a protective order can also require that the abuser move out of a home shared with the victim. Each county has its own filing procedure, so having an attorney who is familiar with the local courtscan be a lifesaver.

File a domestic violence lawsuit. Your lawyer can file a civil lawsuit that allows you to recover any medical expenses, financial loss, or pain and suffering caused by your abuser..

File for divorce. If the perpetrator is a spouse, a family law attorney can assist you through the divorce process, including seeking spousal support and receiving your share of marital assets.

Get custody of your children. If the abuser is also a parent of your children, an attorney can help you get custody as well as child support from the other parent.

Represent you in court. A domestic violence attorney will file required documents and be your advocate in court.

Communicate with the defendant (or his or her attorney). Your lawyer will also communicate and negotiate with the defendant throughout the legal process so you do not have to deal with any more abuse or conflict.

Suffering abuse at the hands of a loved one is a  traumatic and life-changing experience. Our experienced and compassionate attorneys located in West Chester will be there to support you every step of the way, fight for your rights and help you protect your family.

If you or someone you love is a victim of domestic abuse, call the National Domestic Violence Hotline at 1-800-799-SAFE (7233), or 1-800-787-3224 (TTY).

This blogs was originally posted at http://carosella.com/what-can-lawyers-do-to-help-victims-of-domestic-violence/ .

You Just received a Traffic Ticket. Now What?

Although a speeding ticket or other traffic violation may seem harmless, they can result in costly fines, points on your driving record, higher insurance premiums and  suspension or loss of your driver’s license. A criminal defense attorney who is well-versed in Pennsylvania traffic laws can advise you on the best course of action to take, and may be able to get charges reduced or dismissed.

What can you Expect when you Receive a Traffic Ticket

The severity of your violation determines the dollar amount of fines and the number of points that will be added to your driving record. If you accumulate six or more points, your insurance rates will most likely increase, and you may even risk having your license suspended or revoked. Serious traffic violations may include:

• Reckless driving
• Failure to stop for a school bus with flashing lights
• Driving with a suspended or revoked license
• DUI

If you receive a traffic ticket for violating state motor vehicle laws, you must resolve the issue by the date displayed on the citation. You can resolve it one of two ways: either pay the ticket and admit guilt, or submit a “not guilty” plea to the court processing your traffic ticket.

The process of submitting a plea varies by jurisdiction. A criminal defense lawyer can help you avoid further fines and penalties by submitting your plea in a timely manner in the proper jurisdiction. Your attorney will closely examine your ticket to check for any inaccuracies and analyze every aspect of the evidence against you.

On the day of your traffic violation trial, you will have the opportunity to present your defense. If you fail to appear in court on the scheduled date, the judge will hold the trial in your absence. If you are found guilty, the conviction will be reported on your driving record.

Your attorney may use the following defense strategies to get charges reduced or dismissed:

Human error–There are many different scenarios in which human error plays a part when calculating the speed of a vehicle. A police officer who is following you to determine your speed could be distracted or may not have followed you for a long enough distance to get an accurate reading.

Other factors such as darkness at night and curves in the road can also call into question the accuracy of determining your speed. If your car was being tracked by aircraft, a police officer looking down at the controls could easily lose sight of your car or confuse it with another that is similar in color and style.

Faulty calibration of equipment—Automated systems such as VASCAR measure speed by dividing distance traveled by the time it took to travel the distance. In Pennsylvania, VASCAR equipment must be calibrated every 60 days, and radar guns and police car speedometers must be calibrated at least once a year. If these devices were not calibrated within the proper time period, they will not produce reliable results that will stand up in court.

Motor vehicle laws are complex, and an attorney who is familiar with handling traffic cases in the municipality where you received your ticket will have a better understanding of how to proceed with your case. Carosella & Associates’ skilled defense attorneys are knowledgeable about state and local traffic law, and will fight to protect your rights and help you win your case.

This blogs was originally posted at http://carosella.com/you-just-received-a-traffic-ticket-now-what/ .

How to Make Sure your Bankruptcy Lawyer is Looking Out for Your Best Interest

When you feel like you’re drowning in debt you may be vulnerable and looking for a quick way to resolve your financial issues. Enlisting the counsel of an experienced bankruptcy lawyer can help you sort it out. Finding the right attorney for you and your situation is vital to understanding which type of bankruptcy you should file. If you are searching for an attorney or aren’t sure if your current bankruptcy lawyer is looking out for your best interest, there are a few steps you can take to make sure your bankruptcy is handled competently and in a timely manner.

Filing for Bankruptcy

There are several types of bankruptcy, but Chapter 7 and Chapter 13 are the most popular for individuals. Chapter 11 is often an appropriate type for small businesses. Before you jump into determining which type of debt relief will work best for you, make sure you do thorough research on the options that may be available to you.

There are many misconceptions about filing bankruptcy. Some people think it’s difficult to qualify for bankruptcy, that it will destroy their credit, or believe that they may lose everything they own. Do not assume that advice from friends and family or what you read online about filing bankruptcy is accurate. There are state-specific laws and issues surrounding bankruptcy, every case is different, and many issues will be unique to your situation. Consulting with a lawyer who knows the ins and outs of the process is essential.

Is Your Lawyer Looking Out for You?

The quickest path to debt relief is not always the most effective. Unless you are in a dire financial emergency, you likely have time to consider all options to get your finances back on track. A good attorney will present all options to you at the outset, and explain the benefits and pitfalls of each one.

There are a few important things to look for to ensure your lawyer is looking out for your best interest. Does your lawyer:

• Present you with all options available to you?
• Ask about your goals in regard to filing bankruptcy?
• Treat you with respect and listen to your concerns?
• Provide direct, honest answers and solutions that meet your needs?
• Keep you informed about the progress of your case?

While many of the questions your bankruptcy lawyer asks will involve your finances and assets, he or she should ask some personal questions as well, such as:

Are you experiencing any immediate medical issues or needs? If your health is not stable it may be best to wait to file for bankruptcy, but if your financial hardship is due to exorbitant medical bills it may be the best option.

At Carosella & Associates’, our clients’ best interest is a top priority in each and every case. Our knowledgeable bankruptcy lawyers can determine the best option for your situation and help you achieve financial stability again.  

This blogs was originally posted at http://carosella.com/make-sure-bankruptcy-lawyer-looking-out-for-your-best-interest/ .

How to get good Legal Advice for Business Start-ups

Opening a startup business can be exciting, but many entrepreneurs underestimate how much legal help they will need. Qualified business lawyers who are experienced in dealing with startups can advise you about the laws and regulations that pertain to your business and advise you on a variety of issues that may come to light as you’re setting up your business.

Determine your company’s needs. There are many legal considerations that need to be taken into account when starting a company. As soon as you have an idea, you may have intellectual property to protect. Experienced business lawyers can help you protect it with trademarks, patents or copyrights.

It’s also important to figure out ownership entity, whether it’s a sole proprietorship, limited partnership, general partnership, corporation or LLC. This determination can depend on the type of business, how many people are involved, tax issues, and potential liability issues. It is essential to enlist the help of skilled business lawyers for this step. A poor choice can have major financial repercussions.

There are also a variety of human resources issues that may come up. Attorneys with experience in employment law can help you make sure your company has the correct employment policies in place to comply with labor laws.

Find the right fit with good business lawyers who understand exactly what you want. 

Find business lawyers who possess solid knowledge about the industry in which you work. If your attorneys understand your business and industry, they can help guide you through some of the major obstacles you may face, and help you make informed business decisions. Ask for referrals from other people in your industry. Ask them who they're using or have worked with in the past, who is good and why.

Hire lawyers who are responsive. Lawyers who have your best interest at heart will be there when you need them, especially when it comes to urgent matters. If you send a note to a firm saying you're interested in working with them and you don't hear back promptly, cross them off your list.

Set ground rules and discuss billing and fees. Once you have selected business lawyers to work with, part of establishing a positive working relationship is setting clear operating guidelines. These guidelines should help set pricing and billing expectations between your company and the firm. Discussing these expectations as part of your vetting process can also shed light on whether a particular team will be right for you.

Create a strategic plan. Think about when you will need legal support over the course of the foreseeable future and what it will cost in terms of both time and money. Make sure expenses for each category of legal work are within expected margins. This will help to control your budget, and provide early indicators of where your business is headed.


Once you have narrowed down a list of lawyers, choose someone with solid knowledge and experience of corporate law, contracts, intellectual property, and tax and employment law. If you select the right team of competent business lawyers like Carosella & Associates, P. C. and focus on getting the best value from their services, your startup will be on the road to success in no time.