ecommerce business what to ask your attorney

5 Questions to Ask When Hiring an eCommerce Lawyer

1. How long have you been working in eCommerce law? eCommerce and traditional commercial transactions are not only...
2. What are your costs? You’re a business. You don’t want your legal fees to impact your bottom line too much. And the...
3. Who will work with you? Lawyers are busy people who rarely work alone on a case.

Full Answer

Do you need an e-commerce lawyer?

A lawyer can help you understand whether such rules apply to your business and how to integrate background legal rules into your policy. Protecting Your IP. Building an e-commerce business can be extremely intellectual property-intensive. Everything from the technology and code running your shopping cart to the logos and stock photography used on your website is intellectual …

Why is e-commerce law important?

But as the saying goes, all commerce is e-commerce. We also help business in the early phases of their online business presence. And we counsel them on the steps they should take not only to protect their assets, but to maximize their potential. This often leads to referrals within our network of online entrepreneurs that can help businesses grow.

What should I look for when hiring a lawyer?

Apr 17, 2019 · This is important especially for an ecommerce business because if you were to sell around the world, you need to establish what legal jurisdiction your company abides by. Delivery Terms: This will protect your company from responsibility for delivery issues.

How can a small business attorney help you start your business?

Apr 09, 2015 · While you may be able to locate this information on the website of a state’s legal licensing authority, you should still ask the attorney. You are entitled to an explanation of the circumstances and the outcomes of any allegations of ethical violations. Four: Do you have any conflicts of interest?

What are good questions to ask lawyers?

Questions to Ask Your Lawyer During a Consultation1) What kind of experience do you have with similar cases?2) What would be your strategy for my case?3) Are there any alternatives to going to court?4) What are my possible outcomes?5) Who will actually handle my case?6) What is my role in my case?More items...•Jan 29, 2017

What questions should I ask a corporate lawyer?

General QuestionsHow long have you been practicing law?What do you specialize in?What are your main roles and duties? What goes beyond that scope?How do you bill?What companies do you generally work with? ... Are you experienced with startups?Are you familiar with the laws of incorporation in my specific state?

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 are at least 5 things you need to make sure you understand before selling your first item online to be compliant with regulations?

6 Online Selling Rules and RegulationsWhen selling online, you need a Terms of Service. ... Protect all your data. ... Protect your products online. ... Meet your best friends: Trademark, patent, and copyright. ... Keep good records of online transactions from the outset. ... Have a compliant Privacy Policy.

What do you talk about with a business lawyer?

7 Questions to Ask Your Attorney Before Starting a BusinessWhat Business Structure Should I Choose? ... What Do I Need to Know About Choosing a Name for my Business? ... How Do I Minimize My Risks as an Employer? ... What Should Be In My Operating Agreement or Bylaws? ... How Can I Protect My Intellectual Property?More items...•Nov 9, 2020

How do I prepare for a corporate law interview?

If you are interviewing virtually, all of these tips apply.Do your research. Lawyers are known for being good researchers. ... Be presentable and dress your best. ... Come prepared to ask questions. ... Be personable and show enthusiasm. ... Be genuine. ... Promptly send a thank-you note.Oct 28, 2020

How do I choose a startup lawyer?

Regardless of the source, there are several key things to consider when selecting a startup lawyer or law firm.Consider the Relationship. ... Finding the Right Lawyer. ... Create a List of Initial Legal Needs. ... Consider Location. ... Aligned Goals. ... The Right Connections. ... Determining Cost. ... Get a Client Referral.More items...•Mar 9, 2019

How can lawyers help startups?

Legal help for Startups in their business formation and to cover statutory legal compliances results in laying a solid base and hassle-free operations which provides entrepreneurs/ founders/ promoters to focus on the more vital needs such as hiring, funding and finance and other processes to enable growth.

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...

What are rules for ecommerce?

Key Ecommerce Laws You Need to KnowTaxes.Payment gateways.Trademarks, patents and copyrights.Shipping restrictions.Inventory.Age restrictions.Business insurance.Licenses and permits.More items...

What are the legal issues in e-commerce?

Described below are some of the common legal issues an e-commerce business faces.Incorporation Problem. If you are a company operated merely via a website, not being incorporated is a crucial problem. ... Trademark Security Problem. ... Copyright Protection Issue. ... Transaction Issues. ... Privacy Issues.

What are the top 5 legal issues that can affect your business online?

Online Business Legal IssuesInternet Business & eCommerce. ... Domain Name Acquisition. ... Digital Millennium Copyright Act (“DMCA”) Compliance. ... Online Privacy. ... Social Media Law. ... Privacy Policies. ... Terms of Use Agreements. ... Ecommerce Agreements.More items...•Aug 31, 2019

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 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 ...

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 ...

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.

What is the purpose of reviewing both available domains and existing trademarks?

Accordingly, reviewing both available domains and existing trademarks can help determine both what is available for use by your company, what related domain names it might make sense to purchase and whether the contemplated domain name works from an IP perspective.

What happens if you collect personal information on a website?

If you intend to collect personal information about your website visitors, including just tracking what is in their cart after they leave the website, your company is likely to be subject to a broad range of additional regulations and obligations.

How has the internet changed business?

The internet has transformed the way all companies do business today, but it has especially changed retail through e-commerce. Any company that sells services, products, or other items online is subject to not only traditional laws affecting small business, but also a host of legal issues specifically affecting e-commerce.

Why is it important to have clear terms and conditions?

Terms and conditions generally inform consumers of your business’s contact details, identity, the products sold, shipping and delivery information (if applicable), return policy (if applicable) and limitations on liability. Poorly drafted terms and conditions can lead to business confusion and, in some cases, enforcement actions and litigation.

Can a credit card review be construed as libelous?

On the other hand, a review that says you stole credit card information when it is untrue can be construed as libelous—assuming you know who wrote the bad review. A defamation lawyer can help you assess the merits of a possible dispute.

Is it important to formalize your business structure?

Just as you would with a brick-and-mortar business, it’s critically important to formalize your business structure early on. There are many options for a formalized business structure, but the following are some common choices for e-commerce companies.

How can an e-commerce lawyer help you?

There are many ways that an e-commerce lawyer can help you protect your e-commerce company. Creating a clear outline of your company ’s terms and conditions can help your business stay protected when selling online. Standard Terms and Conditions for e-commerce businesses consist of:

How can e-commerce companies fall victim to defamation?

E-commerce companies can fall victim to defamation through online reviews of the company or product or articles in the media that contain false, negative and defamatory statements about a company.

What is product disparagement?

Product Disparagement is another form of defamation and occurs when advertisers make a false or misleading product comparison or false statement of fact about a product that damages the company that produces the product. Internet attorneys can seek justice for companies fallen victim to product disparagement by suing under state product ...

What is e commerce?

E-Commerce, also known as Electronic Commerce, is the online industry of buying and selling goods, products, or services via the Internet. E-Commerce law encompasses all the legalities associated with the e-commerce industry.

What are e-commerce companies?

Companies like Amazon and eBay that host millions of merchants and individual businesses selling physical goods are considered e-commerce platforms . Service-based retailers, also known as e-tailers, like Uber and Postmates are considered e-commerce businesses.

Why is e-commerce important?

E-Commerce law is more important than ever. As the Internet continues to grow, businesses are finding more success online than they would as a brick and mortar business. With this success comes legal responsibility as well as opportunities for others to sabotage your e-commerce business.

Is it common to advertise through influencers?

Nowadays, it is common practice to advertise through a social media influencer. It is important for the business and the influencer to always disclose when a post, whether it be a photo, video, or story, is paid for or sponsored by a business with hashtags like #ad, #paidpromotion, #paidpartnership, etc.

How to feel comfortable with an attorney?

You should feel comfortable from the beginning of your attorney-client relationship that you will be able to have regular communications with your counsel. Make sure that you exchange contact information and agree on the ways that you will stay in touch.

What should a lawyer review with their clients before trial?

Every lawyer should review with their clients the possibility of a negotiated resolution prior to trial. In criminal matters, for example, you may be able to get a good plea bargain. In civil cases, your lawyer might propose mediation, a settlement negotiation process involving a neutral third-party.

How can a lawyer save you money?

Your lawyer can often save you money by delegating routine tasks to firm employees who charge a lower hourly rate. However, your lawyer should be involved in all key aspects and decisions of your case, or should explain to you why a colleague can handle some important part of the matter just as well.

What is the importance of having a lawyer?

Getting a lawyer with the right legal background is essential, but it is also important to know whether your attorney has experience with the judges who will likely preside over your case. If yours is a criminal matter, it is important to know if your lawyer knows the local prosecutors. This courtroom experience can greatly enhance your lawyer’s ability to evaluate the likely outcomes in your case and give you advice that you can rely on.

Why is it important to choose the right lawyer?

Choosing the right lawyer is a very important decision—whether you were in a car accident, have a medical malpractice claim, or find yourself the target of a criminal investigation. Referrals from friends or co-workers can be great, but you need to do your homework to make sure you have the right attorney for the job.

How to discuss case strategy?

In discussing case strategy, your lawyer should give you an estimate of how much time it will take to get to a resolution. Keep in mind that your lawyer does not control the pace of the process and cannot make any promises about when it will be over.

What is a conflict in a lawyer?

If the lawyer’s representation of prior or existing clients would limit the attorney’s ability to represent you, there is likely a conflict. For example, if you want to sue a hospital that the potential lawyer regularly represents, there would be a conflict. A conflict might also arise if the attorney you are interviewing has already been hired by ...

Can you make a sow's ear out of a silk purse?

They admit the best and the brightest, and they may not teach very well, but you can’t make a sow’s ear out of a silk purse. If they come in the best and the brightest, they’re probably going to leave the best and the brightest.”. Similarly, if you want to increase the odds that your business attorney will be one of the best and the brightest, ...

Can we review a sent message?

You also agree that our review of any such information, even if it is highly confidential and even if it is transmitted in an effort to retain us, will not preclude us from representing another client that is directly adverse to you , even in a matter in which that information could and will be used against you.

What is an attorney who can answer this question well?

An attorney who can answer this question well is an attorney who is attuned not only to the legal challenges at hand, but also to the way clients think about them. They’ve also likely worked with clients like you. They’ll be able to provide context upfront that answers your questions before you find yourself confused by a complex legal issue or legal language.

Can an attorney give an estimate of how long each phase of a project will take?

Although unexpected challenges sometimes arise and cause deadlines to be pushed back, attorneys should be able to give an estimate of how long each phase of the project will take. Make sure that these estimates seem reasonable and fit with the timeline that you have in mind.

Do you want to hire an attorney who will challenge you?

While you don’t want to hire an attorney who will challenge your every move, you also definitely don’t want one who is so afraid of getting fired that they’re reluctant to question you when they have a legitimate concern.

Do attorneys have conflicts of interest?

Attorneys are responsible for divulging any potential conflicts of interest, even if they are never directly asked a question about them. However, it’s usually not a bad idea to inquire about them yourself.

Do businesspeople have to resign themselves to pick the first attorney on their resume?

The good news is that businesspeople definitely don’t have to resign themselves to picking the first attorney whose resume crosses their desk.

Do attorneys quote hourly fees?

While most attorneys will quote you an hourly rate or a fixed fee upfront, it’s important that you understand what this quote does and does not cover. For instance, will you also be responsible for reimbursing the attorney for expenses, such as transportation?

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How Long Have You Been Working in Ecommerce Law?

• eCommerce and traditional commercial transactions are not only different businesses, but different areas of law. You’ll want a lawyer with special experience and knowledge that fits your eCommerce business rather than a general practice lawyer. Would you want a lawyer who speci…

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What Are Your Costs?

Who Will Work with You?

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Is There Any Conflict of Interest?

The Most Important Questions to Ask A Business Attorney

General Questions

Business-Related Questions

• If you want specific advice there are a couple of business-related queries you should make, especially to identify whether or not your lawyer is well-versed in your field. Questions might include: 1. What business structure should I select?– The first thing you’ll do when creating a small business is to determine its structure or entity. A business...

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