Business Law

Navigating the complexities of business law requires expertise and precision. Whether you are forming a new business, drafting contracts, or handling disputes between owners, the legal landscape can be daunting. At Burke, Holguin, & Smith, P.C., we specialize in all aspects of business law, adhering to Colorado's intricate legal guidelines. With years of experience, our firm is dedicated to serving our clients efficiently and accurately, ensuring your business is protected and thrives.

Navigation with Expertise

Our team works closely with clients, providing tailored support to set up and grow their businesses. Our services include:


  • Business Formation and Choice of Entity
  • Review and Preparation of Articles of Incorporation
  • Selling/Dissolution Agreements
  • Contract and Lease Drafting
  • Litigation
  • Securing Trademarks


We pride ourselves on leading by example, following the same advice we give to our clients. Our attorneys bring a wealth of knowledge and experience to provide comprehensive legal guidance.

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Business Formation


  • What types of business entities can I choose from?

    You can choose from various business entities, including Limited Liability Companies (LLCs), Corporations, Partnerships, and Limited Liability Partnerships (LLPs). Each type has its own advantages and implications for liability, taxes, and management.

  • How do I determine the best business entity for my needs?

    Our attorneys will work closely with you and your accountant to evaluate your business goals, financial situation, and legal requirements. We provide tailored advice to help you choose the entity that best suits your needs.

  • What is involved in the business formation process?

    We assist with every step of the process, including selecting the appropriate entity, filing necessary paperwork with the Colorado Secretary of State’s office, setting up accounting and tax processes, and drafting essential contracts and employee documents. We also guide you through conducting annual meetings, filing reports, electing officers, and passing resolutions.

  • Why is it important to work with a business formation attorney?

    Working with an experienced attorney ensures that your business is set up correctly from the start, helping to avoid future conflicts or legal issues. Our legal expertise, combined with a deep understanding of business operations, provides a solid foundation for your business.


    We help ensure compliance with state and federal laws by educating you on your legal obligations, filing all necessary paperwork, and maintaining your business's legal needs throughout its lifecycle.

  • How can attorneys help with business succession planning?

    Attorneys can provide valuable assistance in several ways:

    • Identifying Successors: We help you identify potential successors, whether they are family members, business partners, or external candidates, and assess their suitability for taking over the business.
    • Creating a Succession Plan: We work with you to develop a detailed succession plan that outlines the transition process, including timelines, roles, and responsibilities.
    • Drafting Legal Documents: Our attorneys draft essential legal documents such as buy-sell agreements, partnership agreements, and trust documents to formalize the succession plan and protect your interests.
    • Dispute Resolution: Our attorneys can mediate and resolve conflicts that may arise during the succession planning process, helping to maintain harmony and cooperation among stakeholders.
    • Continuity Planning: We help you establish contingency plans to address unexpected events such as illness or sudden departure of key personnel, ensuring the business remains stable during transitions.

Business Litigation


  • What is business litigation?

    Business litigation involves resolving disputes that arise in a business context, typically through legal proceedings. This can include issues such as contract disputes, partnership disagreements, employment conflicts, and intellectual property matters.

  • What types of disputes can lead to business litigation?

    Common disputes that can lead to business litigation include:

    • Breach of contract
    • Partnership or shareholder disputes
    • Employment issues, such as wrongful termination or discrimination
    • Intellectual property disputes
    • Fraud and misrepresentation
    • Commercial real estate disputes
    • Debt collection issues
  • When should I consider hiring a business litigation attorney?

    You should consider hiring a business litigation attorney as soon as a dispute arises that could potentially lead to legal action. Early legal intervention can often help resolve the issue more efficiently and cost-effectively, and it ensures that your rights are protected throughout the process.

  • How can an attorney help in business litigation?

    An experienced business litigation attorney can assist in several ways:


    • Legal Advice: Provide expert legal advice to understand your rights and options.
    • Representation: Represent you in court, mediation, or arbitration proceedings.
    • Negotiation: Negotiate settlements to resolve disputes without the need for litigation.
    • Document Preparation: Prepare and review all necessary legal documents and filings.
    • Strategy Development: Develop a legal strategy tailored to your specific situation and goals.
    • Risk Management: Identify potential risks and advise on how to mitigate them.

  • What is the process for resolving a business dispute?

    The process typically involves several stages:

    • Initial Consultation: Meet with an attorney to discuss the details of the dispute.
    • Investigation: Gather and review relevant documents and evidence.
    • Demand Letter: Send a formal demand letter to the opposing party outlining your claims and seeking resolution.
    • Negotiation: Attempt to negotiate a settlement with the opposing party.
    • Filing a Lawsuit: If negotiation fails, file a lawsuit and proceed with pre-trial processes such as discovery and motions.
    • Trial: Present your case in court if the dispute is not resolved through pre-trial proceedings.
    • Resolution: The dispute is resolved through a court judgment, settlement, or alternative dispute resolution methods like mediation or arbitration.
  • How long does business litigation typically take?

    The duration of business litigation can vary widely depending on the complexity of the case, the willingness of the parties to settle, and the court's schedule. It can range from a few months to several years.

  • Can business disputes be resolved without going to court?

    Yes, many business disputes can be resolved without going to court through negotiation, mediation, or arbitration. These methods can be more cost-effective and quicker than traditional litigation.

Purchase & Sale of Business


  • Why is it important to hire an attorney for the purchase or sale of a business?

    An experienced attorney ensures that all necessary documents are properly drafted and reviewed, protecting your interests and ensuring that the transaction goes smoothly. They help prevent mistakes that could result in financial loss or legal disputes.

  • What documents are needed for buying or selling a business?

    Key documents include the purchase agreement, real estate documents, financing agreements, and any other contracts related to the sale. These documents outline the terms of the transaction and protect both parties' rights.

  • How can Burke, Holguin, & Smith, P.C. assist with the purchase or sale of my business?

    We provide comprehensive services, including drafting and reviewing contracts, handling real estate documents, and representing you at the closing. Our goal is to ensure a smooth transition and protect your best interests throughout the process.

  • Can you help with owner-financed business sales?

    Yes, we have experience arranging owner-financed business sales, where the buyer pays the seller over time. We ensure that the financing terms are clearly outlined and legally binding to protect both parties.

Give us a call and let's talk.

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