1. what do we need to know about choosing an attorney for a startup company?

by Prof. Olaf Balistreri V 6 min read

Why do start-ups need lawyers?

Jul 19, 2021 · Here are seven questions you should ask to find a startup lawyer who can advise your business: 1. How much experience do you have with this specific area of law? The main question you should ask...

How to choose the right lawyer for your business?

Most startups should not consider a lawyer or legal team to be part of their founding or early-stage employees. Still, if you are looking to disrupt the next taxi ecosystem or another highly regulated industry, a general counsel may be a worthwhile investment. Your general counsel can be a part-time or full-time employee.

Should you become an M&A lawyer for startups?

Sep 18, 2012 · At the most basic level, start-ups need lawyers to help them deal with three groups: The government. You don’t want to violate laws. You also need to be sure you are doing business in a way that...

How much does it cost to hire a start-up lawyer?

Jun 29, 2020 · You may even wish to confirm all costs in a written agreement. 8. Compatibility. While there are many professional things to consider when choosing a lawyer, their character should also factor into your decision. Find someone that is trustworthy and makes you feel comfortable. Mutual respect is also important.

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What questions should I ask a startup lawyer?

7 questions to ask your startup lawyerDo You Work With Companies Comparable to Mine? ... How Do You Bill? ... Will I Be Comfortable Working With You? ... What Is Your Focus? ... What Is Your Past Experience? ... Are You the Best in the City? ... What Is Your Age and Experience With Technology?Aug 3, 2013

What should I look for when choosing a law firm?

When looking for legal representation, you should consider the following:Do the attorneys have experience? ... What is their track record? ... Does the law firm have staying power? ... How will you communicate and what is their billing like? ... Are you comfortable working with the law firm?

What are multiple reasons you need a lawyer for at a startup How would you go about selecting this resource?

For this and other important reasons, you most likely will need a lawyer for your startup.Strict Conformity.Multi-State Business. ... Business Form. ... Registering, Licensing, and Permits. ... Contracts. Most businesses execute contracts for space, services, and supplies. ... Nov 27, 2018

Why is it important for an entrepreneur to hire an attorney or other professional prior to the establishment of the new business?

An experienced business law attorney will understand the legal requirements of starting a business in your state and provide you the necessary paperwork needed to get started. If you decide to start your business without a lawyer, you may face legal difficulties later.Nov 16, 2017

What factors are most important to you when selecting a law firm?

10 Factors to Consider When Choosing a Law Firm To Represent YouExperience with your case type. ... Expertise in your local area. ... Advocacy style. ... Fee schedules. ... Employment history. ... Diversity. ... Reputation. ... Communication.More items...•May 21, 2021

How do clients choose a law firm?

Choose a law firm willing to offer their prices up front. Ask them about their technology and whether they deliver coaching. These are fair questions for the modern client seeking strong representation at a reasonable cost.Nov 19, 2018

How do I choose a law firm for a startup?

Choose a Startup LawyerHow to: Choose a Startup Lawyer. ... Choose a trusted partner. ... Look for a partner whose experience aligns with your needs. ... Initiate an open conversation about priorities and response time. ... Decide whether to partner with a big firm or a small firm. ... Ask about fees. ... Questions for prospective lawyers.More items...

Why legal is important for Startups?

From incorporation to investment negotiations, startups have legal needs necessary for the success of their business. For instance, Startups find that they may have to deal with government established institutions, be it for issuance of licences or payment of taxes.May 17, 2021

Why do businesses need lawyers?

Business Lawyers help business owners to understand different legal issues, such as lawsuits and legal violations, that might impact their operations. They provide the required advice and legal guidance to help you come out of the legal situations or avoid breaking the law in the first place.Feb 11, 2020

What are the benefits of having a lawyer?

Benefits of being a lawyerVariety of career options. As a lawyer, you can choose from several career options in the both public and private sectors. ... Starting your own business. ... Lucrative career.Intellectual stimulation. ... Flexibility. ... Adaptable skills. ... Ability to help others. ... Work environment.More items...•Feb 28, 2021

What do you know about business law?

Business law determines the formal process of establishment of a business organization and regulations related to the selling of corporate entities. It also includes rights assignment, drafting, and work delegations, breach of contract, transactions, contracts, and penalties for violation of the agreement.

What is the role of a legal expert in business?

The role of in-house legal counsel is to understand the pressure points, strategy and objectives of the business and effectively communicate the risks and legal issues involved in any decision to management. This enables management to make informed strategic choices within an acceptable legal risk profile.

Solid Business Formation

Yes, your county’s business division might have filing paperwork available online. To save money, your instinct might be to download the articles of incorporation to mail in yourself.

Navigating Intellectual Property

Intellectual property goes by many names. Artwork, designs, computer software, and literary works are just a few.

Settling Founder Disputes

Disagreements amongst business partners are guaranteed to happen. The severity of the dispute, however, is impossible to predict.

Taxation and Representation

Legal entities are all taxed differently. The amount of revenue you earn each year should help determine which entity you choose.

What does it mean to be an influential founder?

Influential founders start out strong, quickly making things happen, which means it's quite common to ignore some legal components when first beginning a brand -new business. Whether your startup needs to incorporate, enter a new regulatory environment, or draft agreements or contracts, integrating the right lawyer into your company at the early stages is a smart investment.

Is it too complicated to get a business started?

Louis Lehot: Filing paperwork for legal incorporation to get your business started is often not too complicated. Many times, building a startup will legally be as simple as incorporation. Other companies will have more complicated regulatory concerns. The right lawyer or firm for your business will help you identify the specific legal challenges that your business may face. For example, common areas of startup legal support include incorporation, regulatory and industry concerns; fundraising; leasing agreements, and IPOs.

Why do start ups need lawyers?

At the most basic level, start-ups need lawyers to help them deal with three groups: The government. You don’t want to violate laws. You also need to be sure you are doing business in a way that doesn’t create unnecessary tax liability and that you pay the taxes you owe. Third parties and the public.

What happens if a lawyer doesn't understand the world?

If someone doesn’t understand the world in which you are operating, it’s harder for him to adequately represent you. Next, a lawyer who seems to be learning how to do something on your dime.

How much does a lawyer charge per hour?

The lawyers most start-ups will deal with are likely in the $350-$800 an hour range, but this varies from firm to firm, obviously. Most big firms bill in increments of six minutes (i.e., 0.1 of an hour), but some charge in 0.25 hour increments. The range for hourly rates is huge. A junior lawyer at a small firm in a smaller city may charge $150 an hour, while senior partners in big firms in major cities have been known to charge over $1,000 an hour.

Is it important to hire a lawyer?

Hiring and working with a lawyer is often confusing and daunting, especially if you’ve never done it before. But when you’re starting a business, it’s crucial. With the right expertise on your side, you can feel confident you’ve got your legal ducks in a row as you’re getting down to business.

Is LegalZoom good for incorporation?

LegalZoom can be good if you know exactly what you need, but it can’t advise you on what is appropriate for your specific situation.

What to consider when choosing a lawyer?

While there are many professional things to consider when choosing a lawyer, their character should also factor into your decision. Find someone that is trustworthy and makes you feel comfortable. Mutual respect is also important.

How to be a good attorney?

A good attorney should also take the time to explain complicated matters, provide you with plain English advice on your situation, and present you with an array of options or solutions to mull over before deciding on a plan of action.

How to find out about a lawyer's practice history?

You can find out information about their practicing history by simply asking them, or checking out their firm’s website (if they have one). An attorney with more experience may be more valuable, but only if their experience matches your situation, as well as your budget.

How does the size of a law firm affect your decision?

The size of the law firm can affect your decision in a few ways. Larger firms are usually more established and have greater resources, but can also be more costly.

Should I choose an attorney?

Much like an accountant or a contractor, you should approach choosing an attorney wisely. Not only will you be sharing confidential information with this person, but you will also be entrusting them to offer you proper legal advice and guide you through a situation you wouldn’t otherwise be able to navigate on your own.

Why do start ups need lawyers?

At the most basic level, start-ups need lawyers to help them deal with three groups: The government. You don’t want to violate laws. You also need to be sure you are doing business in a way that doesn’t create unnecessary tax liability and that you pay the taxes you owe. Third parties and the public.

What happens if a lawyer doesn't understand the world?

If someone doesn’t understand the world in which you are operating, it’s harder for him to adequately represent you. Next, a lawyer who seems to be learning how to do something on your dime.

Where is Rebecca Thorman?

Her blog Kontrary offers career, business, and life advice that works. She writes from Washington, D.C.

Is LegalZoom good for incorporation?

LegalZoom can be good if you know exactly what you need, but it can’t advise you on what is appropriate for your specific situation.

What does Beser say about career path?

Beser agrees that these jobs come with a lot of ambiguity. “ Don’t ask me what your career path will look like, ” he says. “Growth opportunities for our team come from the objectives of the business – our team will grow professionally by helping the business succeed.” Beser also warns that “ when you’re at a firm, and think you’d like to work at a startup, you need to take stock in your personal comfort with risk. A high risk tolerance is a prerequisite for anyone entering this environment as young companies evolve quickly, every decision has a myriad of impacts, and your career trajectory may not be as linear as expected.”

Do corporate lawyers prefer business?

It is a truth universally acknowledged, that a corporate lawyer secretly—or, in many cases, not so secretly—would prefer a career in business. Any recruiter who speaks regularly with corporate/transactional associates at big law firms invariably hears that their eventual goal is to move over to the business side, or at least to get closer to the business. But what many of these attorneys fail to realize is that there are ways to continue practicing law while still getting to flex those business muscles as a key member of the top-level strategic team at fast-paced, growing companies. Now, does that sound like something you might be interested in?

Is a startup a risky endeavor?

Startups are inherently risky endeavors. As Whistler Managing Director Kathleen Mon sees it: “ Startups are disruptors. If you want that life, you have to be about that life. If you want to work in this space, you can't expect to follow the typical legal career path.

Why is it important to meet with a small business attorney?

Meeting with a small business attorney is an important way to get your business off to a good start and minimize future risks. Here are questions to ask at your first meeting. New entrepreneurs have their hands full, making plans, developing products and services, and lining up financing.

What does a business lawyer do?

A business lawyer can explain how to start a business and answer your business law questions. But more importantly, a lawyer can identify the risks you face and help you minimize them. When you meet with your lawyer for the first time, it’s a good idea to have some questions in mind.

How to start a business off on the right foot?

Always ask your business attorney to assess your risks and identify ways to alleviate them. Getting business advice and legal help from a small business lawyer is a smart way to start a business off on the right foot. But don’t lose touch with your lawyer once your business is up and running. Make it a habit to seek business legal advice regularly ...

What to do before starting a small business?

Before starting a small business, you must decide how your business will be structured. If you do not form a formal business entity, your business will either be a sole proprietorship (with one owner) or a general partnership (with more than one owner). Legally, you and your business will be the same “person,” so if your business has debts ...

How does a contract protect a business?

Contracts protect your business by describing the rights and responsibilities of the parties to the agreement. A well-written contract can reduce the number of disputes that arise, ensure that you get paid for the work you do, and provide a clear remedy if one party doesn’t hold up its end of the deal.

Can you use a name that another business is already using?

Every state has rules about the names that new business entities can use, and in general, you can’t choose a name that another business is already using. Also, it’s risky to choose a name that might infringe on another business’s registered trademark.

Do businesses have copyrights?

Businesses also may have copyrights in any original works of authorship, including such things as photographs, brochures, and websites. Copyright protection is particularly important if you are in a creative field. And if you have an invention, you may need to apply for a patent.

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Solid Business Formation

Navigating Intellectual Property

  • Intellectual property goes by many names. Artwork, designs, computer software, and literary works are just a few. A good business lawyercan help you navigate the complex world of intellectual property and avoid theft of your ideas. If intellectual property is at the heart of your business, it’s important to put the necessary protections in place. Lawyers can help you choose …
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Settling Founder Disputes

  • Disagreements amongst business partners are guaranteed to happen. The severity of the dispute, however, is impossible to predict. Consulting with a lawyer during the startup phase can help you and your business partners decide how to settle any disagreements that may arise. Whether it be financial, operational or otherwise, legal documents can help set guidelines to place limits on di…
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Taxation and Representation

  • Legal entities are all taxed differently. The amount of revenue you earn each year should help determine which entity you choose. Consulting with an attorney can help you simplify this process. Choose an attorney with experience in your industry, as they’ll have access to past client financial information. Having access through your attorney helps ...
See more on halt.org