Mark Joseph Guay's Answers

How much does a lawyer in Massachusetts charge to set up an LLC?

It depends as they say. Starting a company depends on a lot of factors such as your capitalization plan, your operational plan, your marketing plan, your financial plan, etc. All of these plans need to addressed in a good legal strategic plan which includes choice of entity, operational needs, exit strategy, deadlocks, etc. Remember, the most expensive way to start a company is to have to do it twice. I am often called in to convert an LLC to a corporation or a corporation to an LLC. Why?...

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What happens when a financial planning attorney is the trustee of a trust and takes money from that trust?

Most trust instruments specifically allow a third party trustee to be paid. So usually the terms of the trust dictate whether he/she had permission to be paid. State law also applies on various trustee compensation issues. So you need to hire an attorney to provide you a legal opinion on what the trustee can and can't do vis-a-vis the trust you speak of and state law. Your facts are actually legal conclusions. As such, they would have to be made by an attorney with experience dealing with...

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When writing a letter to trademark holder what options should I keep in mind?

Ever watch the show PAWN SHOP. Ever wonder why they often say "before I make an offer I am going to call my expert in XYX to tell me about this item". Ever wonder why after getting the expert advice Rick, the owner, says something like "glad I called you". My point is that if they can do it for a pawned item, then how much more worth it is it to speak to an expert about the complexities of a strategy for a trademark purchase. A trademark expert is called a trademark attorney. You need a...

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What would be the most advantageous legal capacity to incorporate as a wholly-owned US subsidiary of a small privately held UK c

The short answer to your short question is IT DEPENDS. The simple formula is "if you change the facts, you change the law". You have no facts that are sufficient to provide any intelligent advice. Get a lawyer who will review your strategy and business plan. Otherwise, its just "green eggs and ham" thinking with my apologies to Dr. Seuss.

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Starting a company in California. LLC, or Corp?

Your question seems to be more tax oriented. However, the answer lies in your business plan, your strategic plan, AND your tax strategy. For example, do you know the difference between inside and outside liability? How do you want to govern the entity? Does it matter if your nephew was an officer or a non-managing member? Do you have an exit strategy? Have you looked at insurance costs of the two types of entities? What is your financial situation compared to your nephew? My point is that...

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If I wanted to trademark the phrase "need me" but a mark already exists for "u need me", will mine be approved?

A trademark attorney's bottom line response would simply be "u need me".

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Can I use a business name similar to another in the same industry and market?

First, the state rules for incorporating a business are not the same as the federal rules for a trademark. Second, the names and/or marks you mention are very similar except for "disclaimable" words such as "management" which do not help you in an infringement or palming off case. Third, your limited trademark search is of no value to a trademark attorney who would have to do their own legal search for several reasons. Fourth, practically speaking, why do you want to use a fairly common word...

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Appointing a successor trustee

STEP 1: have an attorney review the trust itself and tell you whether you have the ABSOLUTE RIGHT to appoint someone - which you are suggesting. That seems unlikely to me. Step 2: Have the same attorney draft an amendment to the trust that addresses all parties concerns.

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What legal documents do I need as single mother who bought first home? Can I prepare some of them myself to save fees?

Family life is a team sport so to speak. You need doctors, accountants, insurance agents, car mechanics, bankers, financial planners, etc. You also need an attorney to handle your legal risks. One such risk is what happens to all your assets if you die or become disabled? That is not a "do it yourself" proposition. You need a teammate known as a lawyer. Or as the well known advertisement states "don't leave home without it" - or something like that.

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Using map of a city as part of the trademark

You need to speak to a trademark attorney about a strategy for your proposed mark as opposed to a transactional approach as set forth above. Your question has far too many variables [e.g. composite marks, color, design, etc.] that need to be addressed FIRST before you get to the ultimate issue of the specific mark that you want to apply for. The cost to create a strategy is a fraction of what it will cost if you get it wrong and have to reapply for a new mark or get a cease and desist letter...

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