The Law Office of Wesley Scott Jones, P.C.

Wesley Jones

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Litigation Services in Wilmington, NC

Litigation AttorneyWesley Scott Jones is a local attorney with a high degree of expertise in the multi-faceted process of litigation. As an experienced trial lawyer, Wes is able to represent plaintiffs and defendants in District, Federal, and Superior Court.

The key to attorney Jones’ success is his experience in managing all phases of the litigation process such as investigation, pleadings and discovery, pre-trial responsibilities, trial and courtroom proceedings, settlement and the appeal process.

As a litigator, attorney Jones specializes in:

Each case comes with its own unique set of circumstances, which is why Wes goes the extra mile in conducting in-depth investigations to ensure there is enough evidence to file a lawsuit. This procedure involves having a thorough interview with the client, locating witnesses, taking their statements, gathering documents, checking and re-checking the facts that resulted in the dispute. During these proceedings, it may become apparent that a pre-litigation settlement can resolve the issue before a lawsuit is even filed.

If you are considering hiring Wes as your litigator, here’s a quick look at the Basic Breakdown of the Litigation Process:

Pleadings – During this phase, the facts are reviewed prior to drafting a wide variety of pleadings and motions on behalf of the client. Formal complaints and official summons documents are also formulated at this time. Whether the client is the plaintiff or the defendant, allegations are investigated, responses are discussed, and a number of motions may be drafted including motions to strike, dismiss, amend or change venue and motions for judgment on the pleadings.

Discovery – This is when the litigation attorney gathers information and evidence that is relevant to the case. The discovery process is a vital step litigators use to find out the facts relating to the problem, identify the extenuating circumstances, and developing a strategy for how the case should proceed.

Pre-Trial – During this stage, attorney Jones will consult with and advise clients; acquire expert witnesses, attend pre-trial conferences and develop a trial strategy based on the facts and evidence. Pre-trial work also requires working with key witnesses, preparing trial exhibits, articulating arguments and pre-trial motions.

Trial – The good news is most lawsuits are settled before they come to trial. However, when cases cannot be resolved, attorney Jones is well-versed and extremely experienced in all such matters including witness and jury preparation, identifying the case’s strengths and weaknesses, using them to their fullest potential, and the art of persuasive reasoning.

Settlement – As a litigator, Wes always has the best interests of his clients in mind, which is why seeking a settlement as opposed to going to trial, is a worthy goal. Cases settled out of court usually always save both parties a great deal of time and expense. To ensure that clients are satisfied when a settlement is the solution, Wes conducts an extensive number of mediation and settlement conferences with both parties and the judge to ensure the best outcome is reached.

Appeal – When a favorable outcome is not reached, then Wes may consider appealing the case.

If you would like to meet with Wes to discuss whether or not legal action is the next step, please call the office at 910-256-5800 to set up a consultation.

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Attorney for General Contractors in Wilmington, NC

Attorney for General Contractor, Wilmington NCJust a few years ago, many local contractors experienced devastating slumps in their business. In order to stay afloat, it became necessary for Wilmington builders to cut expenses wherever possible, which is understandable. Fortunately, in 2012, it appeared that the housing market finally turned the corner. In the past few months, home sales have been brisk and housing starts are surging. In fact, based on recent data from the Case-Schiller Indices, the website, www.moneyinsider.com, announced that the Port City is one of 15 U.S. metro areas expected to see continued gains from now through 2018!

That’s why now is a good time to consider retaining a local attorney who is skilled at handling the legal ins and outs that those in the field of construction face on a daily basis. Wilmington attorney Wesley Scott Jones understands the toll that legal snarls can have on your business and reputation. Here are just a few of the construction law services attorney Jones assists local builders with on a daily basis:

Contracts – Devising legal and binding contracts that cover all the bases, including your payment schedule, is vital in the construction industry. Wes can help create contracts that protect you, your customers, and subcontractors. With all of the possible things that can go wrong during a building project, it is best not to take any chances. Having an iron clad contract can provide a series of reference points and may even serve as a built-in checklist. Developing a comprehensive contractual document can protect you from a variety of issues and provide true piece of mind.  Wes Jones can also provide support and litigation services  to help settle contract disputes that may arise for a variety of reasons.

Permits – As any experienced builder will tell you, the process of obtaining proper permits for your projects is essential for success. Since time is money, this is another area where retaining the services of a local lawyer familiar with the process can save a bundle in the long run.

Subcontractor Issues – Contractors serve as employers to a variety of workers or subcontractors. Specifically, a building contractor who is an employer must take steps to make sure that employees are authorized to work in the United States. This is a requirement of the United States Department of Homeland Security, and this department requires employers to provide documentation. If an employer fails to check the employee’s status, the employer can incur substantial penalties.

Insurance coverage for these temporary employees must also be addressed.

Quality Standards – Having an attorney on your team is very helpful when there are any questions regarding the quality of workmanship. Attorney Jones can help establish the parameters that measure these types of guidelines. Defective workmanship is one of the most frequent claims made against builders.

In addition to these concerns, Wes can also suggest ways to avoid legal points involved with other aspects, including inspections, home warranties, and weather delays or damages.

Since building a new home or business is a huge undertaking and for your clients, one of the largest financial commitments they will probably ever make, having an experienced attorney on board conveys your integrity as a builder. To learn more about how attorney Wes Scott Jones can improve your business dealings, please contact our office at 910-256-5800.

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Adding a DBA to an S-Corporation or LLC

Adding A DBA to an SCorp or LLCAs a business grows and evolves, it may become apparent that operating under a different name, or re-branding, may be beneficial. In that case, choosing a DBA may be the way to go.

To review, DBA stands for “doing business as.” In some states, this may be referred to as operating under a “trade name” or “assumed name.” Many business, and especially franchises, are set up this way.

S-corporations are taxed like partnerships and share the benefits of incorporation. The IRS limits the number of shareholders in this type of company to 100 or less. Next, consider Limited Liability Companies or LLCs. When set up under the proper guidelines, an LLC can be taxed like a partnership, which is an advantage.

If a business owner decides to add a DBA to an S-Corp or LLC, there are definite legal guidelines. Please note they vary slightly from state to state. That’s why it’s important to choose a qualified, licensed and experienced business attorney, such as Wesley Scott Jones, for such matters. Here’s a look at the steps involved:

  • A meeting with all of the shareholders and board of directors must be held. In order for the inclusion of the DBA to be approved, a majority must support the action. It is essential that the proceedings of this meeting are recorded in the minutes of the company’s official log.
  • Make sure that the selected DBA name does not conflict with another registered corporate name in your state or a federally registered name or trademark. This query involves checking with the U.S. Patent and Trademark Office and your secretary of state. Check their individual websites, for instructions on how to conduct these searches free of charge.
  • Because each state has different laws in the way DBAs are added, it is necessary to contact the Secretary of State where your company is registered. Either the Secretary of State’s office or the State Corporations Division office can guide you through the steps and required paperwork that must be completed before a DBA can be added to an S-Corp or LLC.
  • Next, new bank accounts must be established to avoid any confusion. The new accounts will need to include information about the full name of the S-Corp or LLC, plus details on the DBA name.
  • Finally, the name change must be filed with the IRS. Please note:
    • ***On the Form 1120-S income tax return, check the “Name Change” box in Section 1, Line H-this is where you will write the new full name of the business. The original DBA name will be listed on the form’s “Name” line.

Your “employer id numbers,” or EIN will not change, because you are not forming a new business, just being added to an existing one.

If you have further questions or would like to discuss the pros and cons of adding your DBA company to an S-Corp or LLC, contact Wes Jones. To contact our directly, call 910-256-5800.

Learn more about our practice and the other types of cases we handle by visiting our wsjlaw.com.

The office is located in Lumina Station, just before the Wrightsville Beach drawbridge. The address is 1904 Eastwood Avenue, Suite 30.

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Expert Legal Counsel Can Help Protect Your Small Business

Protect Your Small Business with Legal CounselIf you ask a successful business owner which two outside professionals are indispensable to the operation, the likely answer will be “my accountant and my attorney.”  Why an accountant is beneficial to a small business is pretty straightforward. They can handle the ongoing financial aspects of doing business such as deciphering complicated tax forms, reviewing sales figures, managing expenses, and charting accounts.

When it comes to legal counsel, many small business owners hesitate to retain an attorney after the initial work is complete for the business start up. They typically feel that it is just not necessary to keep in touch with an attorney until there’s a problem. The hole in that approach is that retaining legal counsel can prevent problems from cropping up. Consider it this way: consulting an experienced local business attorney like Wes Jones is equal to the proverbial “ounce of prevention that’s worth a pound of cure.”

Here’s an example of how having legal counsel available comes in handy before problems arise. Attorney Jones can look over your standard contracts or new employee interview questionnaire and bring light to potential situations that could arise. For instance, you may not be aware of certain laws pertaining to anti-discrimination and innocently ask the wrong questions that could justify a lawsuit and big headaches!

Situations like that are why having a consultation arrangement with an attorney, such as Wes Jones is so vital for providing legal review and guidance. Other times when having an attorney on your team is a plus includes:

  • Forming a corporation – Although it is quite possible to file articles of incorporation without lawyers, the administrative side of managing the complex tax and legal requirements often requires the services of a corporate attorney. Also keep in mind that it may be simple enough to form a legal business entity such as an LLC or business partnership without legal help, however, forming a corporation with shareholders and a board is a more complex process.
  • Litigation – This can include dealing with lawsuits by current or former employees or customers, breach of contract matters, debt collection, discrimination or harassment lawsuits, environmental lawsuits, government investigations for legal violations, and a variety of other types of disputes.
  • Buying or Selling a Business – Attorney Jones has years of experience with negotiating sales agreements, lease agreements, and more.

To learn more about how Wes Jones can assist in your business operations, please schedule a consultation by calling 910-256-5800.

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Lawsuit for Unfinished Work

Lawsuit for Unfinished WorkWhether it’s for a new home, an addition or renovation, hiring a contractor is an exciting step. Homeowners are often so thrilled and anxious about the proposed project that they may get a little careless. Before committing to the job, find a licensed contractor and always check a minimum of three references. Discuss with the contractor that the total fee will only be paid in full when the job is completed to your satisfaction. Taking those steps will hopefully prevent a situation known in legal terms as “project abandonment,” which is when a contractor wrongfully ceases working and leaves the project.

If you feel that you have done your homework and hired the right person for the job, be aware that circumstances might change during your project. Stay on top of things and pay attention if the subcontractors seem disgruntled or complain about not being paid. Communicate with the contractor about completion deadlines so you will be in the know. Should the contractor walk off the job before it is finished; there are steps the homeowner can take:

1. Communicate in writing with the contractor that he or she is breaching the agreement made with you by not finishing the work. Ask why the work ceased and offer them an opportunity to explain their situation, in case unforeseen complications arose during the project. Give them a deadline to finish the job and let them know you will hire another crew if they are unable to complete the task. Also mention that legal action may be the next step if they fail to complete the project. Always make a copy of this request, use a notarized document and certified mail so you can prove the letter was received.

2. Report the activity to local organizations such as the Home Builders Association or Contractor’s Licensing Board.

Because of a variety of legal and liability issues plus how the status of the homeowner’s insurance policy may be affected, it is best to contact a construction attorney when things are not resolved. It is a basic rule in construction law that a contractor’s or subcontractor’s wrongful abandonment of work is a material breach of contract, giving rise to a breach of contract claim for damages sustained in completing or correcting the abandoning contractor’s scope of work.

In the Greater Wilmington area, Wes Scott Jones is an attorney who is equipped to handle these types of problems. When you contract the services of Attorney Wesley Jones, his role will be to help you plot a course of action so there will be smooth sailing and no surprises. Learn more here: Construction Law Litigation

To contact the office of Wesley Scott Jones directly, please call 910-256-5800.

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Four Major Business Formation Types

Business FormationAnyone who has ever contemplated setting up a business was likely overwhelmed by the vast number of decisions such a venture demands. Perhaps more than or equal to considerations such as a business plan, identification of measurable objectives, location, and name, how the business is structured is of utmost importance.

When establishing a “business entity”, there are four different ways to do it. Depending on the circumstances and nature of the proposed business, each choice presents advantages and disadvantages. Rather than take the advice of friends or family members, it is always best to discuss your options with a qualified and experienced business law attorney. Doing so will give you the piece of mind that comes with covering all the bases, for both your own legal protection and possible tax benefits as well!

The four ways in which a business may be set up are: Sole Proprietorship, Partnership, Corporation, and Limited Liability Company or LLC.

1. Sole Proprietorship – This is the most simple business entity there is. As the name implies, the establishment has just one owner. That owner may choose to use his or her own name or “d/b/a”, which means, “doing business as”. The requirements are minimal – just a social security number and the necessary permits and licenses.

These are often a top choice for small businesses because they are so economical to start up. Benefits include the fact that income is taxed once, instead of twice as a company and then personal source of revenue. Sole proprietorships are not subjected to as much government involvement and taxation as some other business types. Since only one person is involved, conflicts with partners, their associates or family members are nonexistent. Also, it is very easy to dissolve.

A major point to be aware of is that under the law, there is no distinction between the individual and the business. That can sometimes jeopardize the owner’s personal assets should the business go through financial problems. The same is true in the reverse, should the business owner experience hardships, such as divorce, illness, or some other personal difficulty, the business may be negatively affected.

It takes an astute individual to successfully operate this type of business. They are 100 percent responsible for all of the decisions and raising capital. There are also certain employee benefits that can not be fully deducted from the firm’s income. Owners should realize that some costs could only be partially deducted later as an adjustment.

2. Partnership – This formation type takes place when two or more individuals form a written agreement to operate a business together. Partnerships can also be established between other businesses and among one or more businesses and one or more individuals. This choice is also fairly simple and inexpensive to establish. However, partnerships have their own unique set of tax and liability issues.

Of course, this type of business allows for shared responsibilities when it comes to raising capital, making important decisions, and managing operations. On the flip side, when conflicts arise, no matter how large or small, unresolved issues can endanger the business. Those considering a partnership need to proceed with caution, because if one partner makes a financial or legal misstep, it can spell disaster for the company as a whole.

3. Corporation – Going through the process known as “incorporation” sets up the most flexible type of company. Corporations are state-chartered and have a number of legal rights. Its owners have limited liability because the corporation has separate legal standing. The owners are thereby protected from personal legal action, should the business be sued. However, corporations undergo a great deal of scrutiny and are held accountable for their actions at a higher level.

For example, the government oversees the operations of a corporation and requires them to appoint a board of directors, hold regular meetings, record and publish meeting minutes. Income is also subject to taxation as both personal and business revenue. Another point to keep in mind is that ownership can be transferred through the sale of stock or transfer of a controlling interest within the corporation.

4. Limited Liability Company-LLC – These types of businesses have many of the same built-in advantages as corporations. Along with their limited liability, LLCs can be owned by a variety of entities, including individuals, trusts, other LLCs, and corporations. When it is set up under the proper guidelines, an LLC can be taxed like a partnership, which is an advantage. However, there is quite a bit of paperwork required to form and operate an LLC to ensure that it will not be taxed as a corporation.

Although all four of theses common business entities are fairly straight forward, there are slight differences that govern their creation and operation, which can vary from state to state. That’s why it is always a very good idea to retain the services of an experienced business lawyer. Wilmington attorney Wes Jones is well-versed in these matters. Please make an appointment with Wes so he may assist you in exploring options and deciding which approach is best for your next business venture. Read more about his practice and the other types of cases he handles.

The office is located in Lumina Station, just before the Wrightsville Beach drawbridge at 1904 Eastwood Avenue, Suite 30. To make an appointment or get more information on the services Attorney Wes Jones provides, please call 910-256-5600.