Judges as Social Engineers


Our courts still follow the idea of stare decisis. This adherence to precedent furnishes a system whereby a businessman or businesswoman may act in a certain way, confident that this action will have a known legal effect. At times, however, some modern judges feel that it is their duty to engage in the practice that lawyers term social engineering—shaping the law to the judge’s own individual social and economic beliefs.

When a judge tailors a decision to personal ideas about how society should operate, the holding of the court may be directly opposite to what the legislature intended by the passage of the law. Many legal observers feel that this social engineering by judges is an outright usurpation of the privileges and responsibilities of the legislature. Many critics feel that the laws should be made by the legislative branch of government, not by the holding of a court. Business and trade interests usually favor the idea of permitting the legislature to enact the laws.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

Checklist for Evaluating a Franchise


The Franchise

  • Did your lawyer approve the franchise contract you are considering after he or she studied it paragraph by paragraph?
  • Does the franchise give you an exclusive territory for the length of the franchise?
  • Under what circumstances can you terminate the franchise contract and at what cost to you?
  • If you sell your franchise, will you be compensated for your goodwill (the value of your business’s reputation and other intangibles)?
  • If the franchisor sells the company, will your investment be protected?

The Franchisor

  • How many years has the firm offering you a franchise been in operation?
  • Has it a reputation for honesty and fair dealing among the local firms holding its franchise?
  • Has the franchisor shown you any certified figures indicating exact net profits of one or more going firms which you personally checked yourself with the franchisee? Ask for the company’s disclosure statement.
  • Will the firm assist you with:

A management training program?

An employee training program?

A public relations program?

Capital?

Credit?

Merchandising ideas?

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

Coping with Red Tape


No business operates in a vacuum or under a glass dome. New businesses are subject to the pressures and requirements of society’s legal and regulatory system. If you need a trademark, a company brand, or a patent, or if you’re thinking of becoming incorporated, you will definitely need legal help. Many other situations require the help of a lawyer too.

Likewise, you’ll be coping with government regulations, many of which were written with larger businesses in mind are applied to SMEs anyway. Disposing off hazardous wastes, for example, may be difficult for small companies, which typically lack their own water-treatment facilities. Similarly, small businesses may have problems complying with disabilities laws, designed to ensure that disabled consumers receive the same level of services as other customers. Thus SMEs may be required to make costly modifications to their facilities or prove that doing so would pose an economic hardship.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

Incentives for Professional Employees


Professional employees are those whose work involves the application of learned knowledge to the solution of the employer’s problems. They include lawyers, doctors, economists, and engineers. Professionals reach their positions through prolonged periods of formal study.

Making incentive pay decisions for professional employees can be challenging. For one thing, firms usually pay professionals well anyway; for another, they’re already driven—by the desire to produce high-caliber work and receive recognition from colleagues. In some cases, offering financial rewards to people like these may actually diminish their intrinsic motivation—not add to it.

However, that’s certainly not to say that professionals don’t want financial incentives, particularly those in high demand jobs like software and systems developers for information technology firms. Many are offering benefits that are highly attractive to professionals, including better vacations, more flexible work hours, equipment for home offices, and improved pension plans.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

Sole Proprietorships


Sole proprietorships, businesses owned and operated by one individual, are the most common form of business organization. Sole proprietorships are generally managed by their owners. Because of this simple management structure, the owner/manager can make decisions quickly. This is just one of many advantages of the sole proprietorship form of business.

Ease and Cost of Formation: Forming a sole proprietorship in relatively easy and inexpensive. In some countries, creating a sole proprietorship involves merely announcing the new business in the local newspaper. Other proprietorships, such as barber shops and restaurants, may require state and local licenses and permits because of the nature of the business. No lawyer is needed to create such enterprises, and the owner can usually take care of the required paperwork.

An entrepreneur starting a new sole proprietorship must find a suitable site from which to operate the business. Some sole proprietors look no farther than their garage or a spare bedroom that they can convert into a workshop or office. Computers, personal copiers, fax machines, and other high-tech gadgets have been a boon for home-based businesses, permitting them to interact quickly with customers, suppliers, and others. Many independent salespersons and contractors can perform their work using a notebook computer as they travel. E-mail and cell phones have made it possible for many proprietorships to develop in the service area.

Secrecy: Sole proprietorships make possible the greatest degree of secrecy. The proprietor, unlike the owners of a partnership or corporation, does not have to discuss publicly his or her operating plans, minimizing the possibility that competitors can obtain trade secrets. Financial reports need not be disclosed.

Distribution and Use of Profits: All profits from a sole proprietorship belong exclusively to the owner. He or she does not have to share them with any partners or stockholders. The owner decides how to use the profits.

Flexibility and Control of the Business: The sole proprietor has complete control over the business and can make decisions on the spot without anyone else’s approval. This control allows the owner to respond quickly or competitive business conditions or to changes in the economy.

Government Regulation: Sole proprietorships have the most freedom from government regulation. Most government regulations apply only to businesses that a certain number of employees, and securities laws apply only to corporations that issue stock. Nonetheless, sole proprietors must ensure that they follow all laws that do apply to their business.

Taxation: Profits from the business are considered personal income to the sole proprietor and are taxed at individual tax rates. The owner pays one income tax.

Closing the Business: A sole proprietorship can be dissolved easily. No approval of co-owners or partners is necessary. The only legal condition is that all loans must be paid off.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

Success through Leadership


More than eighty percent of today’s millionaires were born in low- or middle-income families. Imagine! The great majority of successful people – corporate executives, entrepreneurs, lawyers, physicians, entertainers, members of legislative bodies, individuals at the top – earned their right to greatness.

Leadership is not for sale. Nor is it inherited, acquired by luck, or bestowed through marriage. And education correlates poorly, if at all, with leadership.

But leadership can be developed through persistent application. There are five simple, practical steps you can put to use immediately:

  1. Think excellence;
  2. Set winning examples;
  3. Speak up;
  4. Let other people help you;
  5. Take risks and win admiration.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

Law in Business


A person who is involved in business is also involved in the law concerning business. Making contracts and using negotiable instruments—both of which are legal concepts—are the essence of business. Business and law were closely associated even when there were few lawyers and business managers spent relatively little time with them. The growing importance of law in business, however, is shown by the rapid increase in the use of lawyers by people in business. In recent years, the number of corporate counsel, the full-time lawyers who are employed by corporations; has been growing faster than the number in any other category of attorneys. Law firms that serve primarily business people have also been expanding at a great rate. Even the smallest businesses turn to lawyers frequently.

In the past quarter century there has been a qualitative as well as a quantitative change in the concern of business managers with law. In earlier times, business managers generally employed lawyers only in emergencies. A lawyer might be engaged if a summons to appear in court was received, if a businessperson could not collect a debt that was due, or if a supplier’s goods were defective and no settlement could be reached. Lawyers are still sought out when such things happen today. However, more and more, business managers employ lawyers to help them plan to avoid such emergencies and comply with a rapidly growing mass of legal rules imposed on business operations by government bodies. This use of lawyers by business people is called preventive law.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

Connoting Business Opportunity


What is being offered with businesses is usually an idea which may work, depending on your business or sales abilities. It is up to you to establish an area or your clientele. You are usually provided with the tools, such as the vending machines, the inventory, or the samples and the business opportunity. For this, you will pay a price—the rest is up to you.

Many of the businesses will present you with an idea that is made to sound so exciting and profitable, you can’t wait to sink your teeth into it. Caution! Do not proceed or pass go without sound, professional accounting advice. Remember: you are usually buying an unestablished business using someone else’s ideas, for which you may be paying too much. You are starting from scratch, and those promises of big money usually don’t pan out. Warning! You must be especially diligent about so-called business opportunities that offer huge, quick returns. There are people who are ready to take your money and run, or sell you a business that is either non-profitable, not quite legal, or makes money for no one but the vendors. You have to reach not only the market, but the business, the business owners, and the history of the products they are selling. Before making any final decisions, consult with a lawyer and have an appropriate agreement for sale drawn up. If problems arise between you and the vendor your agreement will become a valuable document in court.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please contact www.asifjmir.com, Line of Sight