Gavin Nathaniel Johnson’s Answers

Gavin Nathaniel Johnson

Bellevue Business Attorney.

Contributor Level 12
  1. Washington state contract law for sale of a business

    Answered about 2 years ago.

    1. Michael Duane Daudt
    2. Gavin Nathaniel Johnson
    3. Howard Eugene Bundy
    3 lawyer answers

    I agree with the prior answer. It would be smart to contact a business attorney to discuss the entire situation sooner rather than later, especially since the buyer has already contacted an attorney to represent her. These situations often come down to a he said/she said, facts-based argument that may be more appropriately dealt with by an attorney representing you. Many attorneys offer free consultations to discuss your situation and the merits of your position in terms of the dispute. I'd...

    4 lawyers agreed with this answer

  2. Can a wife of a non Physical Therapist be a shareholder in a Physical Therapy LLC?

    Answered about 2 years ago.

    1. Larry R Schreiter
    2. Gavin Nathaniel Johnson
    3. Peter J Smith
    3 lawyer answers

    I agree with the previous answer. To expand, a PLLC and a LLC are essentially the same legal entity, except a PLLC is formed by professionals, i.e. individuals who are required to be licensed to practice a particular profession such as lawyers, doctors, accountants, engineers, etc. Both entities provide the same limited liability and tax advantages. In Washington State, you cannot issue membership units (the equivalent of shares in a corporation) of a PLLC to an individual who is not...

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  3. My aunt is incompent and I can't reach her lawyer. How do I learn whether her will was filed with the King County WA clerk?

    Answered about 2 years ago.

    1. Gavin Nathaniel Johnson
    2. James P. Frederick
    2 lawyer answers

    You can call the King County clerk and ask whether there is any public record of the will. The clerk should be able to let you know whether it is a public record and if so, how you can access the will. Typically wills are not filed with the court until the testator passes away. If your aunt is still alive and you have the name of her attorney, your best bet of getting a hold of the will is through the attorney. You can contact the Washington State Bar Association for assistance in locating the...

    4 lawyers agreed with this answer

  4. Is written agreement required before attorney can send you bills?

    Answered almost 2 years ago.

    1. Kevin Terry Steinacker
    2. Crystal Grace Rutherford
    3. Gavin Nathaniel Johnson
    4. Raphael Samuel Moore
    4 lawyer answers

    I think the first place to start is by discussing the bill with the attorney(s) that sent it to you. Most attorneys will be more than willing to discuss the bill, as well as their representation (or lack thereof) of you. Most, if not all, attorneys I know use written fee agreements when they are engaged to represent a client. Fees must be reasonable and communicated to the client (preferably in writing) before or within a reasonable time after commencing the representation of the client. As...

    3 lawyers agreed with this answer

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  5. Is a fraudulent contract enforceable?

    Answered almost 2 years ago.

    1. Robert John Murillo
    2. Joseph Daniel Bariault
    3. Gavin Nathaniel Johnson
    3 lawyer answers

    I agree with the prior answers. Without any additional information about the contract itself and the circumstances surrounding the "coercion" it's difficult to give any actual advice other than general contract law basics. You should consult with an attorney regarding the details of the transaction to sort out your rights. It's always best to seek advice sooner rather than later in these situations.

    3 lawyers agreed with this answer

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  6. Is it legal to raise money without starting a nonprofit organization?

    Answered about 2 years ago.

    1. Gavin Nathaniel Johnson
    1 lawyer answer

    Typically organizations seek to incorporate as a non-profit corporation and seek 501(c)(3) status through the IRS for the tax benefits, both for the organization and the individuals who donate money to the organization. Those who donate to your organization will not be able to receive tax deductions for the money they donate, and you (or your "organization") may be required to recognize the donations as income (depending on the details of the transaction). You must be clear to those individuals...

    3 lawyers agreed with this answer

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  7. Can the bank come after my income in my personal bank account for short sale debt on the house my husband bought before...

    Answered over 2 years ago.

    1. Gavin Nathaniel Johnson
    2. Scott Kemble Wilson
    2 lawyer answers

    As you likely know, Washington is a community property state. Generally, property acquired before marriage or after separation is considered separate property and, therefore, not subject to the liabilities of your husband-to-be or ex-husband. Earnings acquired during marriage are typically considered community property. Debt acquired during marriage is considered a community liability, or both spouses are obligated to satisfy the debt. However, liabilities that are acquired prior to marriage or...

    3 lawyers agreed with this answer

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  8. I signed a non -compete & was let go without the contracts formal 15 day letter or 2wk. Severence /for no fault termination

    Answered about 1 year ago.

    1. Gavin Nathaniel Johnson
    2. Samuel Michael Meyler
    2 lawyer answers

    Typically a non-compete agreement will only be enforceable if it is reasonable in scope (the geographical area and the type of work you're precluded from engaging in) and duration (the period of time that you are restricted from working in that industry). As the previous answer noted, courts narrowly construe non-compete agreements because they restrict people's ability to make a living, especially if your skills are specific and your ability to make a living in another industry is not...

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  9. I am partner in small consulting firm. I want to get out. how can I leave and yet still receive income from contracts created?

    Answered 4 months ago.

    1. Gavin Nathaniel Johnson
    2. David W. Meyer
    3. Robert A. Stumpf
    4. Brian Lanny Mikulencak
    4 lawyer answers

    I agree with the previous answer. In terms of structuring the separation, you can negotiate (and contract for) the terms that you'd like. Depending on the structure of the company, you will want to make sure there are no restrictions on separating from the company or terms of how a partner separates in any partnership agreement (or operating agreement if the company is an LLC). You should consult with a business attorney to figure out the best way to structure the separation and draft an...

    3 lawyers agreed with this answer

  10. Do I need a business license in WA state?

    Answered 7 months ago.

    1. Thuong-Tri Nguyen
    2. Gavin Nathaniel Johnson
    2 lawyer answers

    In most states (including Washington), you're required to register your business (i.e. get a business license) if you're "doing business" in the state. You're most likely "doing business" if you're selling a product or service to customers. You'll need to file a Master Business License application with the Dept of Revenue (it's cheap, only $24 total), and file for a local business license in the city where your business is located.

    3 lawyers agreed with this answer

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