generally when hiring an attorney to represent your business you can

An attorney can assist you with partnership agreements and corporate bylaws. Contract review: A lawyer can help you in drafting and negotiating contracts. Handling employment issues: As a business increases its workforce, a business attorney can help keep up with labor laws and lawsuits.

Full Answer

Should you hire a lawyer to represent your competitors?

Be wary, however, of attorneys who represent one or more of your competitors. While the legal code of ethics (yes, there is one, believe it or not) requires that your lawyer keep everything you tell him or her strictly confidential, you do not want to risk an accidental leak of sensitive information to a competitor. Are you a good teacher?

Should you hire a lawyer for your business?

When evaluating lawyers, you should ask a lot of questions and determine how they’ve helped other businesses similar to yours. Hiring an attorney can also help ensure that your business is operating legally. They can review contracts and documents that you would otherwise assume are legitimate.

How do I define my company's needs for a lawyer?

Clearly defining your company's needs allows you to proceed with your attorney search in a more productive manner. The best way to narrow your search for a lawyer is to share your company's specific needs with a former or practicing lawyer, a trusted friend with experience hiring lawyers, or (ideally) someone who is both a lawyer and a friend.

What if my lawyer says he or she specializes in small businesses?

If your lawyer says he or she "specializes in small businesses," then he or she should have a close working relationship with one or more intellectual property specialist. Are you experienced? Don't be afraid to ask direct questions about a lawyer's experience.

What should you consider when hiring a lawyer?

5 Top Things to Consider When Hiring a LawyerSpecialization. The first thing you should consider when hiring an attorney is his or her area of specialization. ... Experience. Check the track record of the attorney before you hire. ... Location. ... Specifics about Billing and Representations. ... Ability To Convince You.

Why should an entrepreneur hire an attorney when writing a business plan?

A good business attorney will provide vital assistance in almost every aspect of your business, from basic zoning compliance and copyright and trademark advice to formal business incorporation and lawsuits and liability. First, some general rules about dealing with lawyers: If you are being sued, it's too late.

What are some of the important things that an attorney should do when first considering representation of a client?

In order to determine whether an attorney may represent a potential new client or an existing client in a new matter, the attorney must (1) identify the client; (2) determine whether a conflict exists; (3) decide if representation could be undertaken despite the conflict; and, (4) get consent from all clients involved ...

What are the benefits of having a lawyer?

Below are the top ten reasons to hire an attorney.The Law is Complicated. ... Not Having a Lawyer May Cost You More. ... Lawyers Know How to Challenge Evidence. ... Filing the Wrong Document or Following the Wrong Procedure Could Ruin Your Case. ... They Have Access to the Witnesses and Experts You'll Need on Your Side.More items...•

What does a business lawyer do?

A business lawyer educates clients on applicable laws and best practices, and represents them when an issue arises. Compliance & Risk Management – New and even established businesses benefit from an experienced business lawyer who can advise on compliance issues and develop systems to monitor and minimize risk.

Why is there a need to hire a lawyer in any partnership or corporation business?

By hiring a lawyer, your legalities (such as contracts, tax documents, and the likes) will surely be in order, reducing the chances of getting sued by your employees or other entities. All your bases will basically be covered so you can just focus on the things that can improve your business better.

What are the four responsibilities of lawyers?

It describes the sources and broad definitions of lawyers' four responsibilities: duties to clients and stakeholders; duties to the legal system; duties to one's own institution; and duties to the broader society.

What are the duties of a lawyer to his client?

As advisor, a lawyer provides a client with an informed understanding of the client's legal rights and obligations and explains their practical implications. As advocate, a lawyer zealously asserts the client's position under the rules of the adversary system.

How should considered representation be communicated with a client?

(a) In representing a client, a lawyer shall not communicate directly or indirectly about the subject of the representation with a person* the lawyer knows* to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer.

What's the difference between attorney and lawyer?

Attorney vs Lawyer: Comparing Definitions Lawyers are people who have gone to law school and often may have taken and passed the bar exam. Attorney has French origins, and stems from a word meaning to act on the behalf of others. The term attorney is an abbreviated form of the formal title 'attorney at law'.

What are the advantages and disadvantages to having a lawyer?

Top 10 Being a Lawyer Pros & Cons – Summary ListBeing a Lawyer ProsBeing a Lawyer ConsLawyers can earn really good moneyLawyers often work long hoursBeing a lawyer implies excellent career optionsStress can be enormousLawyers can work in many different jobsBeing a lawyer may affect your family life7 more rows

What to do if you are dissatisfied with your lawyer?

If you are dissatisfied with your lawyer or the representation, fire him or her. You control the relationship. If you owe money, they may insist on being paid before turning over your file to you or your new attorney. The ability of the attorney to do that is governed by the ethics laws in your particular state.

How much does a lawyer charge per hour?

There is an extremely wide range of hourly rates, from $100 to more than $1,000 per hour.

Who said "Let's kill all the lawyers"?

Everyone is familiar with the line from Shakespeare’s Henry VI: “The first thing we do, let’s kill all the lawyers.”. While most people think that this is negative about lawyers, it is just the opposite. This line was uttered by Dick The Butcher, when he was suggesting one of the ways the group of pretenders to the throne could improve ...

Do lawyers charge hourly?

Not every type is permitted for every legal situation. For personal injury cases, most lawyers charge a percentage of the recovery (contingency). For certain business transactions, such as incorporation, most lawyers will charge a flat fee. For most other matters, lawyers charge hourly.

What does a business attorney do?

Business Attorneys are often approached by individuals who would like assistance in forming or reviewing business entities that they intend to use to conduct a new or existing venture. Often times, these people believe that the business attorney they hire represents them individually as well as the yet to-be-formed or already formed legal entity. Conventional wisdom would assume that to be the case—the individuals chose the attorney, they will direct the business attorney, and will pay (or direct the entity to pay) the business attorney. However, in such situations conventional wisdom is often wrong. When a group of individuals hire a business attorney and the agreement with the attorney is with the entity, or on behalf of an entity, the attorney is usually not their individual attorney.

Can an attorney represent a business?

It is always important to keep in mind that businesses are separate and distinct legal entities from their owners. As such, when individuals engage attorneys to do work for a to-be-formed entity or an existing entity, it is often the case that the attorney represents only the business and not the individuals. This is true even if the entity has not been formed, since some jurisdictions allow pre-formation actions, such as hiring an attorney, to be ratified by the business after it is formed. This is not to say that an attorney cannot also represent the individual owners—they often do—but when, for example, there are two or more individuals forming a business, it may not be possible (or ethical) for the attorney to represent each individual as their interests may conflict. Business Attorneys have a duty to act in the best interests of their client and since this cannot be done when they are conflicting interests, the attorney, to avoid a potential conflict of interest, may only represent the business or one of the individual owners.

What is a good business attorney?

A good business attorney will provide vital assistance in almost every aspect of your business, from basic zoning compliance and copyright and trademark advice to formal business incorporation and lawsuits and liability. First, some general rules about dealing with lawyers:

Where to start with a lawyer?

A great place to start is with the American Bar Association. The ABA's website has a wealth of information for consumers and professionals alike who have legal questions. In the "Hire a Lawyer" section , you'll find information on public service lawyer referral programs, wherein you are interviewed to have your needs diagnosed and then provided with a referral to a lawyer or to helpful community resources.

Why are lawyers reluctant to quote flat fees?

Lawyers will be reluctant to quote flat fees if the matter involves litigation or negotiations with third parties. The reason for this is bluntly stated by a lawyer friend of mine: "Even though it's a transaction I've done dozens of times, if the other side's lawyer turns out to be a blithering idiot who wants to fight over every comma and semicolon in the contracts, then I can't control the amount of time I will be putting into the matter, and will end up losing money if I quote a flat fee." In such situations, you will have to pay the lawyer's hourly rate. You should always ask for a written estimate of the amount of time involved, and advance notice if circumstances occur that will cause the lawyer to exceed his or her estimate.

How to find commercial lawyers?

Go to FindLaw , for instance, and you have instant access to thousands of lawyers. You can search by city and state, and several results come up within the area you specify, with details of each firm's background, areas of practice, published works, attorneys on staff and so on. There are other similar services listed on the ABA site.

How much do lawyers have to pay upfront?

Many attorneys require payment of a flat fee upfront, so that they can cover their out-of-pocket expenses. You should always ask to "hold back" 10 to 20 percent of a flat fee, though, in the event the lawyer doesn't do the job well.

What do accountants do for business?

4. Taxes and licenses. Although your accountant will prepare and file your business tax returns each year, your lawyer should know how to register your business for federal and state tax identification numbers, and understand the tax consequences of the more basic business transactions in which your business will engage.

What skills do you need to be a lawyer?

You will need a lawyer who can understand your business quickly; prepare the standard form contracts you will need with customers, clients and suppliers; and help you respond to contracts that other people will want you to sign. 2.

What to ask a lawyer before hiring them?

One of the first things most people consider when they think about going to see a lawyer is “how much is this going to cost?” This is a great question and one you should ask your attorney before you hire them.

How should an attorney be responsive to a client?

Further, an attorney should be responsive to you at all times, and keep up clear lines of two-way communication with you, their client. The relationship between an attorney and a client is an important one – crucial, even – when it comes to the success of your case. The more you communicate, the more successful the outcome will be.

What does it mean when a lawyer doesn't get back in touch with their clients?

A lawyer who doesn’t make an effort to get back in touch with their clients promptly is doing both the client and their law practice a disservice. While it is true that lawyers are often out of the office in court, taking depositions, or meeting with experts, you should expect that on those occasions, the lawyer’s staff should do all they can to address your needs.

Why is honesty important in a case?

Honesty is crucial to the success of your case from the very beginning. Otherwise, you can waste a lot of time and effort with your case, ending up with unmet expectations. For instance, right before the verdict or settlement conference is the wrong time for an attorney to finally give you their honest assessment of your case. They should be very direct in telling you not just how much money they think you can get (which is very difficult to predict for any attorney and shouldn’t be the focus of your relationship with your lawyer) but also your chances of finding success. And this should happen consistently throughout the process, even from the beginning.

What is honesty in law?

When we talk about honesty, we’re referring to an attorney who will evaluate your case for its strengths, but will also be upfront with you about any potential issues they foresee. An exceptional attorney will give you their honest opinion of what they think about your case and a realistic estimate of your case’s timeline.

Why is it important to have a responsive attorney?

A responsive attorney can tremendously reduce stress and worry. An unresponsive attorney will only compound those concerns until they consume you. Be careful when selecting your attorney, and try to find one who is not just dedicated to your case, but who is also dedicated to being available to you when you are in need.

Can a lawyer discuss fees?

Don’t be bashful. Lawyers are sometimes as reluctant to discuss fees as you may be hesitant to bring the topic up in the first place. If your lawyer doesn’t break the ice on this topic, do it yourself. Both of you will be better prepared to move forward if you have the fee and expense arrangement ironed out during your first meeting.

Why is it important to hire a lawyer?

However, if your business is subject to a lawsuit, you’ll be relieved that you hired a lawyer. When evaluating lawyers, you should ask a lot ...

What is an employment lawyer?

Employment and Labor Lawyer. Using an employment and labor lawyer only makes sense when your business has employees. If it does, your business should comply with state and federal laws. An attorney in this area of the law can help you draft employee manuals and ensure safety standards are in place.

How does M&A affect a business?

Contract law and mergers and acquisitions (M&A) will only affect your business if you deal in these areas. If your business is subject to contracts, then you increase the risk. M&A lawyers are probably the least likely you’ll face but could cost you the most as damages from deals are usually for large sums of money.

What kind of law do lawyers specialize in?

People sometimes wonder what types of lawyers are available to them. Lawyers often specialize in either business law or personal law. For this reason, you should search for lawyers who have business law experience.

How to find a tax attorney?

When searching for a tax attorney, choose ones that have experience in dealing with tax law. They should be licensed to be a lawyer and have gone through tax law training, preferably a master’s degree. If you belong to an association for your business, consider asking around for a referral.

What to do if you need to terminate an employee?

If you feel you need to terminate an employee, you can discuss the issue with your lawyer. They can determine the best way to handle the situation. If there’s still a legal issue, the lawyer can step in and represent your company.

What are the aspects of employment that affect a business?

Some of the employment aspects that could affect your business are wrongful terminations, workplace discrimination, and sexual harassment . This isn’t a complete list, which is why this type of lawyer can keep your business protected.

When a business owner decides to sell their existing business, do they need to be ready to commit?

When a business owner decides to sell their existing business, they will need to be ready to commit some time to organizing all of their financial documents. Additionally, they will need to spend a considerable amount of time getting the company in order.

What Are Some Legal Issues to Consider when Selling a Business?

There are several legal issues that may arise in relation to selling a business. Some examples of such issues include, but may not be limited to :

What is a business purchase agreement?

A business purchase agreement may also be known as a sale of business contract, or a business transfer agreement. It is utilized to transfer business ownership from the seller to the buyer. A business purchase agreement most commonly includes the following information:

What does an agent do for a business?

An agent will assist in advertising that your business is for sale, which can in turn bring in more offers. Additionally, an agent can advise selling owners of whether specific offers are worth considering. Purchasing an existing business has numerous benefits, for both the purchaser and the seller.

Why do people sell their businesses?

There are several reasons to do so, but the most common reasons for selling a business include: It would be a better investment to sell the business. When a business owner decides to sell their existing business, they will need to be ready to commit some time to organizing all of their financial documents .

What are the legal issues in a business sale?

Creation and negotiation of sales contracts. The most common legal issues in a business sale are those involving the division of property and handling of debts. These issues most often require extensive analysis in order to determine the exact amounts owed.

What is a letter of intent?

A letter of intent listing the terms of the transaction; Buyer’s due diligence, which is contained within the letter of intent and indicates that the buyer will verify all aspects of the business; A purchase agreement, which is a legally binding document locking the buyer into the price and other terms as agreed to; and.