Outside Counsel for Restaurant Owners in Miami

What Outside Counsel Means for a Restaurant or Hospitality Business

Outside counsel for restaurants Miami operators use is an ongoing business-law relationship. The firm handles legal questions as they come up, so the business doesn’t need its own in-house legal department.

A restaurant can face a lease dispute, an unpaid supplier invoice, and a co-owner who wants out, all in the same year. Each issue touches contracts, money, and ownership. Handling them one at a time can leave gaps.

This service fits owners and investors of businesses in Miami-Dade and Broward County. It also fits owners who hold the commercial property where their business operates.

KEW Legal focuses on business law for owners and investors across Miami-Dade and South Florida. The firm has offices in Coral Gables and Sunny Isles Beach. Kristina E. Wilson is the responsible lawyer for this page.

Legal Issues the Service Covers for Restaurants

The service covers the firm’s business-law practice areas as they apply to restaurant and hospitality operations. Here is how each area applies to a restaurant.

• Commercial leases: review of lease terms, renewals, and disputes with a landlord.
• Commercial evictions: possession matters for commercial space, including for owners who live abroad.
• Vendor and contract disputes: supplier agreements, unpaid invoices, and service contracts.
• Partnership disputes: co-owner disagreements about control, profits, and exits.
• Employment law for employers: staffing, workplace policies, and employee separations.
• Buying, selling, and succession: transfers of a restaurant or venue, and planning for family or ownership transitions.
• Real estate investment: counsel for owners of commercial property.

Owners sometimes want to act at once on a lease problem. Florida law sets clear limits. Under Fla. Stat. § 83.05, a landlord may recover possession of nonresidential premises only through a court action that decides the right of possession, after the tenant surrenders the space, or after the tenant abandons it.

For a holdover after a rent default, § 83.20 requires 3 days’ written notice demanding the payment of rent or possession of the premises. Florida also lets a landlord demand double the monthly rent from a tenant who refuses to leave at the end of the lease, under § 83.06. The faster sheriff process in § 82.037 does not cover current or former tenants under a rental agreement authorized by the property owner. A restaurant tenant with a lease falls outside it.

How the Engagement Works: Step by Step

A typical engagement starts with a first consultation, then moves through document review, a written assessment, action on the matter, and ongoing advice.

1. First consultation. You describe the business and the problem. The first consultation is free, confidential, and carries no obligation to continue.
2. Document review. The firm reviews the documents involved, such as a lease, vendor agreement, operating agreement, employment records, or purchase contract.
3. Written assessment. You receive a written explanation of the legal issues, your options, and the steps the firm recommends.
4. Action. This can include negotiation, demand letters, contract or lease drafting, or a commercial eviction filing when needed.
5. Ongoing advice. The relationship continues as the business grows, changes hands, or raises new questions.

How long each step takes depends on the facts. Early in a lease matter, the review checks whether each notice was served the way the lease and Florida law require. Keep every notice you receive and write down the date it arrived. Bring the lease, vendor contracts or invoices, and your operating agreement to the consultation.

Why Work With KEW Legal

KEW Legal offers outside counsel for restaurants Miami owners can call on for several issues at once. The firm is a Florida business law firm with offices in Coral Gables and Sunny Isles Beach.

• Named lawyers. Kristina E. Wilson is the responsible lawyer for this page. Natalie Martinez is also one of the firm’s lawyers. Not every matter goes to the same lawyer.
• Focused practice. The firm concentrates on contracts, leases, partnerships, employment for employers, ownership transitions, and commercial evictions.
• One relationship. Leases, vendors, staff, co-owners, and sales can all fall under one outside general counsel arrangement.
• Referrals when needed. Some matters may be referred to another lawyer or firm where that is appropriate.
• Service area. The firm serves owners and investors across Miami-Dade and South Florida, including Broward County.

For more on this service in Sunny Isles Beach, see the Sunny Isles Beach outside counsel page.

Common Questions and Concerns

Common questions cover early review, co-owner exits, staff issues, and vendor terms. Short answers follow.

• Does a restaurant need a lawyer before a dispute starts? Reviewing leases, vendor contracts, and co-owner agreements early can clarify duties before a problem grows.
• What about a drafting error in a contract? Florida courts consider whether a mistake is mutual and goes to the essence of the contract when deciding whether rescission for mutual mistake is available. A scrivener’s error, where the document says something other than what the parties agreed, can be one kind of mutual mistake.
• Can a co-owner simply walk away? A member who wrongfully withdraws can be liable to the company and the other members for damages caused by the withdrawal.
• Can an employer end an employee at will? Florida is generally an at-will state, so either side may end indefinite employment, subject to legal limits. An employer still cannot act for a reason the law prohibits, such as retaliation or unlawful discrimination.
• Do staff handbook rules bind the business? Policy statements in a staff handbook generally do not create enforceable contract rights, and courts look at the handbook’s language and the facts, including whether the manual says it is a separate employment contract.
• Can a court throw out an unfair vendor term? Florida courts weigh an unfair process and unfair terms together when deciding whether to refuse to enforce a term. The Florida Supreme Court unconscionability ruling sets out that test.
• Does this work for a single restaurant? Yes. The service applies to one location or several, as long as the issue falls within the practice areas above.

Frequently Asked Questions

Here are short answers to common questions about this service.

Talk to a Miami Business Lawyer About Your Restaurant

If a landlord’s default notice, a co-owner’s refusal to cooperate, or an unpaid supplier is affecting your restaurant, you can contact KEW Legal to schedule a free, confidential initial consultation, with no obligation to continue. Call 305-990-2300 or send us a message to book your first consultation with KEW Legal.