Latest / The SmallBizChat with Melinda Emerson / Know Your Numbers, Scale Your Business with Nina Kaufman
Transcript
- 0:003, 10, 1, 0, ignition, liftoff,
- 0:08Ending small business failure.
- 0:11Welcome to the Small Biz Chat podcast with a number 1 small business expert Melinda Emerson.
- 0:17Bolinda's goal is to end small business failure, and she'll give you the information
- 0:21you need to succeed and live the life you've dream of.
- 0:25Now here's the small Biz lady herself.
- 0:29Melinda Emerson.
- 0:31Hi, everybody.
- 0:32I'm Melinda Emerson.
- 0:33This small Biz lady I would like to welcome you to small biz chat.
- 0:37Now we have an amazing show for you for more than 10 a half years, I have been hosting small
- 0:44business chat.
- 0:44Now you guys know that the whole reason why we started small business chat is to create a peer
- 0:49to peer opportunity for you to get business advice that you don't have to pay for, but that
- 0:54you definitely need.
- 0:55So listen.
- 0:56Now I am so excited that we're gonna be talking about the legal side of business with miss Nina
- 1:02Hoffman Esquire, and she's really gonna be talking to us about how to scale your business,
- 1:08but also how to make sure that you follow the legal guidelines so that you don't end up on
- 1:14the wrong side of the law or the IRS that's the other people.
- 1:17That's like the law.
- 1:18Right?
- 1:19So let me tell you a little bit about Nina who's been a good friend of mine for a long
- 1:23time.
- 1:24She is a small business champion.
- 1:26She's an award winning attorney media resource and the host of the cash out big podcast.
- 1:32The founder of Believe Solo.
- 1:34She worked with seasoned owners of knowledge driven service firm who want out side support
- 1:40to own a business that doesn't own them.
- 1:43She helps her clients discover more fun flexibility and reward from running their
- 1:48companies.
- 1:49Nina Kaufman.
- 1:50Welcome to small fish chat line.
- 1:52It is so great to see you and to be with you tonight.
- 1:55Oh, listen, you know, you're one of my fades.
- 1:57When we have some legal issues, we call Miss Nina Kaufman.
- 2:01So, like, alright.
- 2:02So let's talk, like, what are the top legal business mistakes that folks make?
- 2:07Sure.
- 2:07So let me first put it in context because usually small business owners go, oh, when they
- 2:11think about small business issues.
- 2:13And as a leader of a small business, you really have three things you're looking out for.
- 2:17You wanna make sure that you're making money.
- 2:20You wanna be saving time, and you wanna avoid stupid and costly risky mistakes.
- 2:27So I'm here as part of sort of the risk management piece of all of that.
- 2:32So when small business owner, the things that I've seen over 20 years of working with small
- 2:37businesses, I see that in their effort to save money, they rush into things without getting
- 2:46the right sounding board.
- 2:47And that can include, hello, copying contracts from the internet.
- 2:52How many have done that?
- 2:53Just to say, I remember dealing with a con a client.
- 2:57She pulled off a a contract and in the terms and conditions, it referred to her company as
- 3:03Yahoo.
- 3:04Okay?
- 3:05Not for her.
- 3:06Another thing is hiring when you're desperate.
- 3:09That is the worst time to be hiring because you're usually gonna make a bad decision
- 3:14somebody who's not going to be a good fit, and it costs you even more time and money.
- 3:19And the third thing is really rushing into business deals without getting a sounding
- 3:25board.
- 3:26So often business owners are like, cashing, I wanna see the money, or I need the money now
- 3:32that they're not looking at all of the issues and the what ifs that could derail a deal or
- 3:39maybe make this particular transaction something that's not gonna work out for them.
- 3:44I'm cosigning all of the things you're saying.
- 3:47So let's talk about contracts, like, you know, You always say that having good contracts is a
- 3:53is a great way to stay profitable.
- 3:55Oh, yes.
- 3:56Yes.
- 3:57Absolutely.
- 3:57First of all, It sets out your process, your your procedure for how you and your client or
- 4:04your landlord or your business partner how you're going to work together, and that's
- 4:08really important as a communication tool.
- 4:11So, I, for example, I had client who was working with a large company who shall remain
- 4:16nameless, but sometimes you use them to search on the internet.
- 4:20And One of the things that happens when you're working with a company is if they like you,
- 4:26they may ask you to do more.
- 4:29And you find particularly for a lot of the creative and knowledge professionals I work
- 4:34with that the scope increases COVID.
- 4:37You need to yes.
- 4:39Absolutely.
- 4:40You need to set good boundaries around that.
- 4:42So it helps to set the scope of work It helps you find a way to say, oops, things have really
- 4:48changed since we first signed this and have a mechanism for making that change to say, woah,
- 4:54let's stop and reevaluate because things do change.
- 4:58They don't always proceed on the same linear path that you expect.
- 5:02And the 3rd and one of the most important pieces, if it's written well, it gives you an
- 5:07opportunity to say, woah, Talk to the hand.
- 5:10You haven't paid me in a really long time.
- 5:13I'm not performing more services, or I'm done until I get paid.
- 5:19But when you're in a contract that doesn't let you do that, you run the risk of reaching, and
- 5:25that means you're spending a lot of time and maybe not getting paid and that erodes your
- 5:30profit margin.
- 5:32I couldn't agree with you more So, what are some of the things the 3 foundational areas,
- 5:38solo per door needs to consider if they wanna, you know, start scaling their business?
- 5:43Sure.
- 5:43And this is something that we talk about in Beyond solo all the time, that these, the three
- 5:48areas that keep coming up over and over are, Am I choosing the right clients?
- 5:54How do I assemble a good team?
- 5:57And how do I stop making my my world crazy.
- 6:01And it's that for so many solo business owners, their business is in their head.
- 6:06And if it's in your head, you can't train anyone else to do it.
- 6:11You can't delegate it.
- 6:13You can't really evaluate, is this the best way to do it, which means you could be wasting a
- 6:18lot of time, not focusing on the most areas of time, as, as David mentioned earlier.
- 6:24And so as I say, those 3 looking really carefully, the clients the team and your, what
- 6:31I would call your playbook.
- 6:32Those are the 3 most important areas.
- 6:34Alright.
- 6:35So then how do I go about choosing the right customers?
- 6:38Oh, well, leaving aside marketing 101.
- 6:43What you really wanna have is a vision for your business financially.
- 6:47Like, what do you need to earn after expenses?
- 6:51A lot of business owners will say, well, I'm really passionate about helping people with the
- 6:57issue of, as as I've dealt with my my clients, right, I really wanna help them achieve their
- 7:03fullest potential.
- 7:04No.
- 7:04That's a beautiful thing.
- 7:05What does that mean?
- 7:06What are you?
- 7:07Yeah.
- 7:07Yeah.
- 7:07Hello.
- 7:08Right.
- 7:08And and who who's potential potential for what?
- 7:13And how much are you charging?
- 7:15So it's beautiful to wanna be of service.
- 7:18I I mean, again, it's all divine creation I firmly believe is starting a business, but if
- 7:24you don't know what your target market can afford, if you don't know what you need to earn
- 7:30to be profitable.
- 7:31You've got a hobby.
- 7:32You don't have a business, and that's where if you look at the stats, particularly on solo and
- 7:37non employer business, the average earnings are $47,000 a year, and that that's
- 7:43painful knowing
- 7:45all of the time they put in.
- 7:47That is painful.
- 7:48And, unfortunately, that's 88% of women owned businesses.
- 7:52It is not doing a 100,000 in revenue, and that hurts me to my whole part.
- 7:57I feel like I gotta get out here, write some more books or something.
- 8:00Exactly.
- 8:01And, and that's where numbers can really be our friends.
- 8:04That's part of what we, we talk about when when I've got my Beyond solo coaching group is that
- 8:09when you know your numbers, it's a very objective way of being able to say, you know
- 8:14what?
- 8:15I just can't, as much as I would love to be a good gal.
- 8:18I just can't discount this fee because you know what?
- 8:21This is gonna put me under.
- 8:22I just, I just can't do it.
- 8:24And when you have that BrightLine test, it makes it so much easier to negotiate from a
- 8:28place of strength.
- 8:29Absolutely.
- 8:29So what about assembling a good team.
- 8:31So now we know what business we're in.
- 8:34We know who our paying customer is.
- 8:36How do I get the right team around me, especially if I can't really afford it?
- 8:40Right.
- 8:40So that, that is a great question and one that does come up often.
- 8:44So what I would recommend to small business owners is that I have what the sort of an
- 8:50acronym ideal, the ideal hiring process.
- 8:52And so, again, number 1, don't do this when you're desperate.
- 8:56What you wanna do is identify what are the areas where either you're not strong, you know,
- 9:02you're really suck at it quite frankly.
- 9:04Can I say that on Facebook Live?
- 9:05Well, I just didn't.
- 9:06So Yeah.
- 9:07You're really not good at this.
- 9:09Again, that's very risky.
- 9:10If you're in the weeds of some aspect of your business like bookkeeping where you're not good
- 9:15at it, that is a huge risk.
- 9:17Also look at, what don't you like doing?
- 9:19Because if you don't like doing, you're really not gonna give it a 100%.
- 9:24And for most business owners.
- 9:25It's more of the the admin or some of the marketing stuff.
- 9:29They're just not as good at it as they could be.
- 9:32So it's identifying those areas determining what kind of skills you need to get that job
- 9:40done.
- 9:42So it, you know, it what what are the what's the the background?
- 9:46How how senior does somebody need to be?
- 9:49What are the expectations and the frequency for doing this?
- 9:52I mean, is this regular social media posting, or is it a one off, let's say, content
- 9:57creation?
- 9:58E is for evaluating the commitment.
- 10:00Like, do you need someone in person or virtual?
- 10:03How much time, and asking consistent quest This is where business owners will often look at,
- 10:11oh, I really like this person.
- 10:13I like the fact that she's wearing a leather jacket, and I want her to be the 1.
- 10:18Right.
- 10:19Yeah.
- 10:19But you don't always know unless you're asking consistent questions.
- 10:23And the the last piece l for for figuring out that team, we just talked about numbers.
- 10:29It's metrics.
- 10:31How do you want your business to improve with numbers whether it's time saved money generated
- 10:39as a result of bringing on this person.
- 10:42Because without that, it just becomes another expense item.
- 10:46So, again, looking at all that, it doesn't always have to be a part time person or even a
- 10:51full time person.
- 10:52There are so many options now with fiverr and Upwork and and virtual assistance where you can
- 10:57get the help that you need, even if you don't have a budget for a full time person.
- 11:01Alright.
- 11:02Well, listen.
- 11:03That was so helpful and so on point.
- 11:05I'm gonna put a pin in it right there.
- 11:07We're gonna go to commercial and we're gonna come right back.
- 11:10And we're gonna talk more with Nina Kaufman Esquire, and she's gonna give us the low now on
- 11:15what we need to do to scale our business and protect ourselves legally.
- 11:19This is the small business chat, and we will be right back.
- 11:25Are you tired of struggling in your business, not taking a paycheck, dreading dealing with
- 11:30your business in the morning?
- 11:32Are you regret even starting your business in the first place?
- 11:35Well, I know you're tired, and I also remember what that kind of tire is like, but the good
- 11:40news is It's time to stop feeling that way.
- 11:44Stop.
- 11:45I'm Melinda Emerson's small business lady, and my new book will be your business is a ninety
- 11:50day turnaround plan to get back your life and reduce chaos in your business.
- 11:54I've been in business nearly 20 years and let me teach you how to build a business that works
- 12:00for you.
- 12:00Grab a copy today.
- 12:05Welcome back to Small Bench Chat Live.
- 12:07I'm Melinda Emerson's small biz lady, and we are talking with Nina Kaufman Esquire and she's
- 12:12bringing down for us the thick things we really need to focus on to scale our business and do
- 12:17it in a way that is smart and legal.
- 12:20Now Nina, we left off talking to you about assembling a good team.
- 12:25Now I wanna talk to you a little bit about you say that it's important to develop a playbook
- 12:30for business runs.
- 12:31Why is that?
- 12:32Oh, absolutely.
- 12:34Because if you don't get it out of your head, nobody else can do anything.
- 12:37Then it means that you as the owner are the bottleneck, and that's one of the really great
- 12:42challenges, especially when you're hiring someone.
- 12:45I've had clients who who bring someone in.
- 12:47They say they promised me they had the skill set.
- 12:50They said so on their resume.
- 12:52I hired them, and now they stinks.
- 12:54They're not doing what I want them to.
- 12:56Well, have you given them any training?
- 12:59Have you talked to them about your your business culture?
- 13:01Have you talked about what you want to achieve?
- 13:03No.
- 13:04They're just supposed to know it.
- 13:05Now employees are not mind readers, and virtual assistants are not mind readers.
- 13:10My husband is not my mind reader, though I very much expect him to be.
- 13:14And when that happens, when we expect people to read our minds, it is a recipe for disaster.
- 13:20It's a recipe for wasting time redoing work, again, opening yourself up to to risks and
- 13:27wasted money.
- 13:29So that's where, again, what do you wanna call it?
- 13:31A playbook and operations manual, documenting your systems or 17 ways to describe it.
- 13:38Short of it is Open your cranium and get it out somehow on a page that somebody else can read
- 13:47it.
- 13:47It's gonna save time.
- 13:49It's gonna reduce the overwhelm for you once you figure out what the steps are.
- 13:54It's gonna make it so much easier to hire and to delegate.
- 13:59And also, something that's not often brought up, it's gonna make it so much easier.
- 14:05God forbid anything happens to you, to help your loved ones close everything out.
- 14:11I had a situation where someone came to me and her father died at his desk of a heart attack,
- 14:18sixty two years old, so young guy.
- 14:21I mean, now you know, young guy.
- 14:23So young guy dies at his desk.
- 14:25No operations manual.
- 14:26The employees are, how am I gonna get paid?
- 14:30The vendors wanna know what's happening The customers are freaking out because who's gonna
- 14:34be doing their work and all because there wasn't any easy way for somebody else to step
- 14:41in and take things over.
- 14:44So what so and what happens with that business?
- 14:46It ends up closing because it's a fire sale.
- 14:49Nobody can figure out how to get it to work.
- 14:52So a playbook is also saying, Hey.
- 14:54This is the engine of how we earn money here.
- 14:58And If you ever want to sell a business, it it can actually increase the value of that
- 15:04business by up to 50%.
- 15:06Wow.
- 15:07Wow.
- 15:07That that is incredibly valuable.
- 15:09So I I wanna talk to you a little bit about the type of legal agreements that we need to have.
- 15:14So if I'm hiring a freelancer contractor to do something for me, do I need a legal agreement,
- 15:19or can we just, you know, get them off a 5 or keep it moving?
- 15:21Like, what do I need to do?
- 15:23If I'm gonna bring somebody into my business to do, you know, sort of like work for hire kind
- 15:28of work for me.
- 15:29Yeah.
- 15:29So that's a really great question.
- 15:30And, again, what what are what you call the agreement, whether it's independent contract or
- 15:34freelancer.
- 15:35The name of the agreement doesn't matter.
- 15:36It's really more of a substance thing.
- 15:38So when you're hiring people off of fiber, Usually, there there is an expectation that
- 15:46they know they're they're they're not in your business for a a regular period of time.
- 15:52Very often, it's just a one a one off piece of work.
- 15:55But you really do need to be careful about bring on people if it's going to be more
- 16:01regular, that you're not getting close to an area where they could be considered a part time
- 16:07employee.
- 16:08And that's where you wanna screen for, do they have other clients they're working for?
- 16:15Are you paying another entity, or is it an individual, what happens when the project is
- 16:21done?
- 16:23All of those things.
- 16:23I call it manage management, you know, managing your roles, money, who gets paid, money
- 16:30generators, are you protecting your intellectual property, your confidential
- 16:34information, and then moving on.
- 16:36So if it's a longer project and you're not happy, what rights do each of you have to move
- 16:43on and and close things out easily.
- 16:45So those things are really, really important.
- 16:48I have the larger, the the project, the more you really wanna make sure that's protective.
- 16:54Okay.
- 16:54I think that's really, really important as well.
- 16:57And then the last thing I wanna ask you about is if you wanna take on investors, what do you
- 17:02need to make sure is in the contract?
- 17:05Oh, yeah.
- 17:05Yeah.
- 17:06I talk about this.
- 17:07I I wrote a book called The Entrepreneurs Preenup, how to choose a business partner who
- 17:11won't bleep you.
- 17:14And it looks at and not just the things that go into a partnership agreement, but all of the
- 17:19communication and the goals and how do you navigate different issues, ethics, things like
- 17:25that, that people don't always think about when they're thinking about a business partner.
- 17:29It's usually, oh, I'm so excited, I've found prince or princess charming.
- 17:33Let's go into business together.
- 17:34You're so fabulous.
- 17:35Let's do this.
- 17:36Right.
- 17:36So when you're looking at an investor particularly a financial investor and if you're
- 17:42dealing with a sophisticated angel or VC investor.
- 17:46That is not an area you wanna mess with.
- 17:49Anyone who's gonna be a a strictly a financial investor and not be part of the roll up the
- 17:55sleeves day to day, you're dealing with securities issues.
- 17:58So you wanna be very, very clear that this is documented well.
- 18:03What is the degree of management control they'll take?
- 18:07You know, if you're a control freak like David pointed out, you really wanna be very clear.
- 18:14I had a client who was desperate to bring new people in, wasn't my issue, but he essentially
- 18:20gave away 2 thirds of his company and guess what happened in less than a year.
- 18:24Boom.
- 18:25Leave out.
- 18:26Out, of course, then.
- 18:27Exactly.
- 18:28So
- 18:29exactly.
- 18:30So how much are you controlling?
- 18:32What percentage of profits are they entitled to?
- 18:35And you want good communication too.
- 18:37You wanna know what are their expectations?
- 18:39Like, what kind of return on investment are they expecting?
- 18:42Can you realistically deliver?
- 18:44Because you don't wanna get in a bad situation with your investor.
- 18:47So those are communications issues, as well as understanding the time frame for their exit.
- 18:54And what that kind of exit looks like because all of those affect the that you need to see
- 19:05the kind of services or products that you need to offer, it radically affects how you're going
- 19:10to be growing and running your business.
- 19:12And please, please, please, have it in writing reviewed by an attorney to go back to the
- 19:19beginning.
- 19:19Do not pull this off the internet.
- 19:21And just use it.
- 19:23Right.
- 19:24Right.
- 19:24Well, listen.
- 19:25Thank you so much.
- 19:26Thank you.
- 19:26That was so helpful.
- 19:28About, you know, getting the right team together, making sure you got the right
- 19:32customers, and please, please, please, use a lawyer, do not pull contracts off the Internet.
- 19:37That's what the lady said, Nina, what's your favorite business at?
- 19:41I love Evernote because I can put in notes about everything, whether it's a password,
- 19:46whether it's a an idea for a a book or articles or ways to get back to people.
- 19:52All of it can be contained, and there's a search function as well.
- 19:56So super helpful, and you can bring people into it if you wanna add a poor team.
- 20:00Nina, what's your favorite business for?
- 20:02Okay.
- 20:02Well, I know what yours is, so I'll sort save that one for you.
- 20:06Rob is like, oh, come on.
- 20:07Come on.
- 20:08We made a surprise.
- 20:10But my the email No.
- 20:12I would say one of my favorites is actually called the highest calling by Larry Janeske.
- 20:17It's an inspirational novel, but there's a about a business owner, but they're so much
- 20:22great business wisdom.
- 20:24And also, as I said before, the understanding that when you are creating a business, you are
- 20:29you are truly being a creator and, the spiritual and personal and emotional roller
- 20:35coaster that business owners go through as well.
- 20:37So that's where it's very affirming, but also really eye opening and crystal great business
- 20:42wisdom too.
- 20:43Yeah.
- 20:43I really like that book too.
- 20:44What is your favorite old school marketing tip?
- 20:47My favorite old school marketing tip is write thank you notes because nobody hand writes any
- 20:54more.
- 20:55There used to be send out cards where you could pretend it's handwriting, or people writing a
- 21:00quick email, like, hey, thanks, thx, There is something that stands out about a handwritten
- 21:06note that says, I really appreciated our time together.
- 21:10I appreciated your thoughtfulness.
- 21:12And why and actually signing your name to it, maybe because I'm a contract gal, you're
- 21:17signing your name to that gratitude.
- 21:20Thank you guys so much.
- 21:22You know, the mission of small business chat is to end small business failure, and that is what
- 21:27we were doing tonight.
- 21:28I tell you, for me, I do this because I want you to win in business, and I'm I wanna leave
- 21:35you with this.
- 21:36Remember, you never lose in business.
- 21:39Either you win or you learn.
- 21:41God bless everybody.
- 21:42This is Melinda Emerson, the small business lady, and we are out.
- 21:47Thank you for listening to the Small Biz Chat podcast with Melinda Emerson.
- 21:52For more resources and small business success strategies, visit succeed as your own boss.com.
- 21:58Subscribe to this podcast wherever you listen to podcast and join us next Wednesday.