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American Society of Interior Design Shares Kristine’s Tips to Establishing a Successful Practice

American Society of Interior Design Shares Kristine’s Tips to Establishing a Successful Practice Early, important steps for your design business, from experienced ID attorney Kristine Kubes.

THE BUSINESS SIDE OF DESIGN

Posted by Kristine Kubes | Nov 6, 2018 | Feature Article | 

Professional life has its phases: Education, examination, licensing/certification, practice. Although getting to the practice phase of life is the goal, it is actually only the beginning. Creating one’s practice requires one skill set; succeeding in practice requires another. In addition to the technical and ethical obligations critical to a strong design practice, a prudent professional in the 21stcentury focuses on the business side of design, those elements that support and strengthen a company and help take it to the next level of success. Here is a checklist to get you started.

Business Entity

Selection of the right entity for the business (LLC, corporation, etc.) is critical in managing tax implications, managing risk, and protecting the owners of the company. A person who is has no legal entity may be held personally liable for the risks/responsibilities of the business. In today’s business world, that risk could be catastrophic in the event of a large claim. The best practice for any design professional would be to engage appropriate legal counsel to create a legal entity for the business that meets the designer’s needs.

Insurance

Risk management is a mindset, not simply insurance, but professional and general liability insurance are the critical foundation to protect any design professional. If the company also has an office and employees, then additional insurance coverage for the business space and the workers will also be needed. The best practice for any design professional would be to engage an insurance agent/broker knowledgeable in design to provide the appropriate coverage for the business.

Contracts

The contract is the necessary roadmap for any client relationship, setting forth the key terms and expectations of the parties to the agreement, and thereby minimizing the likelihood of conflicts and misunderstandings during the project or thereafter. Best practices include engaging legal counsel knowledgeable in construction and design to prepare a contract that is up to date on legal requirements, as well as understanding the contract terms, using a contract uniformly for every client/project, and maintaining a fully-signed copy of the contract in a safe place.

Time and Talent Management

A successful business usually puts the business owner into a challenging position, between all the tasks that need attention and the practical fact that each person only has so many productive hours per day. For instance, on any given day, a successful design business will require communications and/or meetings with clients, colleagues, and vendors; design time; product research; payroll; banking; bookkeeping; sales tax headaches; administrative time; travel time; etc. This conundrum often leads to the delegation of some duties out of necessity, because one must attend to these varying obligations in a timely manner. But, while the ability to delegate may be key to sanity as well as success, time and talent management requires two key qualities: Humility and care. A prudent business person must be humble enough to realize that s/he cannot “do it all” and needs help. That same business person also realizes that any persons on his/her team will be the face of the business and thus will take extreme care to choose candidates who are both trustworthy and talented, who share the same values about work, client relationships, communications, and ethics. Thus the best practices here are extreme care in selection of team members, followed by careful oversight to ensure that they are meeting the designer’s obligations.

The Books

The legal implications of a company’s books are critical for proper business function, banking relationships, and taxation.  Who is watching cash flow to make payroll? How aged are the accounts receivable? When are estimated taxes and/or payroll taxes due? The prudent designer may need to place these matters into the hands of a capable, ethical, and trustworthy bookkeeper and payroll company, and thereby free up his/her own critical time to run the design side of the business.

Mentoring, Professionalism, and Inclusion

Finally, the business-minded designer understands that culture in any organization starts from the top down, and understands that the world today involves a multi-generational, multi-cultural conversation – one that requires inclusion of – and respect for – all voices around the table; one that requires mentoring new talent and modeling ethical and inclusive leadership skills to the emerging professionals. These obligations fall on each design professional because, just as design impacts lives, so does each design professional in the way s/he leads the conversation for respectful and ethical relationships in the office, in the field, on the job site.

Kristine A. Kubes, kristine@kubeslaw.com, is an attorney and principal of the Kubes Law Office, PLLC, Serving Design and Construction Professionals.  She is an ASID Industry Partner, incoming national Chair of the ABA Forum on Construction Law, and former Chair of the Minnesota Board of Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience & Interior Design. This article does not constitute legal advice.  Each case must be evaluated on its own facts.

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  • Diversity and Ethics Topics in Construction Law
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  • Risk Management Topics for Design and Construction Professionals
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Kubes Law Office, PLLC

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Kubes Law Office, PLLC
Register soon to secure your spot for my last ethics course before June 30! Register here: www.kubeslaw.com/seminars ASID MN MN Board of AELSLAGID AIA Minnesota International Market Square - Minneapolis Design Center Minnesota Society of Professional Engineers IIDA Northland ... See MoreSee Less

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Kubes Law Office, PLLC

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17 years! June 1 marks the 17th anniversary of Kubes Law Office, PLLC Serving Design & Construction Professionals. I am abundantly grateful to all our many clients & colleagues who have entrusted their companies & legal matters to me & my firm, & to our amazing team that helps me serve our clients every day: Attorney Laurie Meyer, Paralegal Dana McNamara, our devoted "Paw-ralegal" Cora Belle, & always the blessed memory of my late husband & love of my life, Michael. Grateful for our local & national construction law & design communities that challenge me to do my best & give me the opportunity to share my knowledge & service for the good of the profession. Onward in gratitude & peace! ABA Forum on Construction Law Minnesota Women Lawyers University of Minnesota Law School St. Catherine University Kristine A. Kubes ... See MoreSee Less

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Kubes Law Office, PLLC

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Kubes Law Office congratulates our founder, Kristine A. Kubes, who has been named to the inaugural Minnesota Legal 250, which recognizes the most influential attorneys across Minnesota’s legal landscape in 16 practice areas, including Kristine's practice area, construction law. Congrats to all the honoreees! ... See MoreSee Less

Kristine Kubes – Minnesota Lawyer

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Kristine Kubes, principal of Kubes Law Office, PLLC, serves as a counselor, litigator and mediator in design and construction law, representing architects, engineers, designers, building and road cont...
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