how does an attorney open an llc for their firm

by Dr. Weldon Macejkovic MD 8 min read

Hiring an Attorney
Using an attorney to prepare and file the required documents with the Secretary of State helps you avoid making mistakes when starting your LLC. The attorney can draft formation documents, such as the operating agreement, and any other necessary forms.

Can I start a law firm as an LLC?

Aug 23, 2020 · The main advantage of limited liability companies (LLC) – is the fact that the members of the company are not liable for the obligations of the company with their assets. Therefore, in this form of company, the founders are maximally protected. It is because their property cannot be the subject of claims. Companies that are established in the ...

How do I form an LLP or LLC?

Aug 13, 2021 · Once you register as an LLC, you can buy or rent a building and open company bank accounts. Unfortunately, your company can also be sued. When To Use an Attorney for an LLC. A business attorney can save time and money when business owners create a new business. For around $200 to $5,000, they can handle the items you may not have time to ...

Do you have to file Articles of organization for an LLC?

All states allow you to start an LLC without the assistance of an attorney. Doing it yourself is the cheapest option, but it also carries the greatest risk of making a mistake. You can form an LLC by filing articles of organization and paying a filing fee with the Secretary of State in the state where you plan to operate your business.

How much does it cost to open a law firm?

According to our experience and data over the years, $3,000 is an okay starting point, but $5,000 to $15,000 is more realistic when opening your first law firm. The cost depends on a wide range of variables such as location, practice area, advertising, and more.

image

How many members are in an LLC?

Companies that are established in the form of LLCs, as a rule, have a small number of members, usually one, two, or three, who are connected by friendly relations.

What are the advantages of a limited liability company?

The main advantage of limited liability companies (LLC) – is the fact that the members of the company are not liable for the obligations of the company with their assets. Therefore, in this form of company, the founders are maximally protected.

Why is a contract good?

When the contract is good, accurate, and professional – it will protect your legal rights. Also, a good contract will ensure the satisfaction of both parties. Although you can find various web template contracts online – it is not always a safe option. Especially in cases where there are specific industries that require things like the protection of conceptual property or adaptation to the target market. Therefore, the presence of lawyers and their help is invaluable. Always keep in mind that it is for your benefit after all. For a few hundred dollars more – you can deprive yourself of the possibility of damage from a few thousand to tens of thousands of dollars. When you look at things from this angle – it pays off.

Is an LLC lawyer cheap?

Although they are often not cheap, they will provide you with security in the long run. An experienced LLC lawyer will anticipate all possible problems before they happen – and thus save you bigger losses. Their assistance is indispensable in a variety of legal matters that may have an impact on your LLC and its business. Such an ally will help you to always operate following the legal framework, to protect your rights – and ultimately, to operate successfully.

Can a company operate without contracts?

No company can operate without contracts. However, it is in the contracts that the most important items related to work are found. Many things in contracts can sometimes be insufficiently visible to ordinary people. But not to lawyers. Namely, lawyers are there to recognize everything that is needed – and they can see everything hidden between the lines.

How to start an LLC?

If you do not need LLC formation services, but need help with your new business, you may want to consider: 1 Employment law attorneys to create employment contracts and HR policies 2 Intellectual property lawyers to review your products or services to make sure they are protected 3 Tax lawyers to review your income tax and tax returns to ensure you are not leaving money on the table 4 Business lawyers if you need to change your business structure to a single-member LLC, S corporation, or another type of business, or need help with another business-related legal matter 5 General counsel to review compliance with state laws, state agencies, state fees, or annual fees 6 Real estate attorneys to register your business offices or production space

How much does it cost to register an LLC?

Your LLC will give you tax benefits and protect your personal assets if anything happens to your company. It costs between $50-$500 on average to register your business. You do not need an attorney to form an LLC.

What is a business lawyer?

Business lawyers if you need to change your business structure to a single-member LLC, S corporation, or another type of business, or need help with another business-related legal matter. General counsel to review compliance with state laws, state agencies, state fees, or annual fees.

Do I need an attorney to register my business?

However, by law, you do not need an attorney to register your own business. Other documents and legal services can be handled with a DIY approach or trusted to an attorney to save you time and prevent mistakes along the way.

Can an LLC be sued?

Once you register, you can buy or rent a building and have company bank accounts. Unfortunately, your company can also be sued.

How do I start an LLC?

You can form an LLC by filing articles of organization and paying a filing fee with the Secretary of State in the state where you plan to operate your business.

Is LegalZoom legal advice?

The content is not legal advice. The statements and opinions are the expression of author, not LegalZoom, and have not been evaluated by LegalZoom for accuracy, completeness, or changes in the law.

Is it necessary to have an LLC?

Although it's not a requirement for the legal formation of an LLC, hiring a small business attorney can be beneficial, as the advantages of having a professional do the work for you often outweigh the cost. Using an attorney to prepare and file the required documents with the Secretary of State helps you avoid making mistakes when starting your LLC.

Can I use an online service provider to form an LLC?

Using an online service provider to help you form an LLC is an option that provides a middle ground between doing it yourself and hiring an attorney. It's usually less expensive than an attorney and can help you avoid many of the common mistakes that can occur from doing it yourself.

Do I need an attorney to start an LLC?

Hiring an attorney or consulting an online legal service provider is not one of the requirements for starting a limited liability company (LLC), but it is often helpful as you create your organization.

Do lawyers represent their clients?

Most lawyers would proudly tell you that their entire firm is focused on their clients. While in one sense this is true – lawyers do represent their clients and take care of their legal needs – that’s not what we mean by client-centered services. It is time to reframe your law firm from your client’s perspective.

Is law a business?

Law practice is a business and a profession. To start your own law firm successfully, you must agree to see it as both. The skills that it takes to run a business aren’t the same skills it takes to practice law.

Is it a good idea to start a law firm?

In fact, it was for many of us! Unfortunately, most law schools are designed to teach you how to think like a lawyer and don’t devote much time teaching you how to start and run a business.

What is LLC in business?

A limited liability company (LLC) is a business whose members are protected from personal liability for the acts and debts of the company in the same way as a corporation, but can opt to be taxed as a partnership. For limited liability companies: Members must file organization papers with the state.

What are the requirements for a sole proprietorship?

Some aspects of a sole proprietorship include: 1 You don't have to file any forms with the state, though you still need to obtain any required licenses and permits. 2 Owners are personally liable for any debts incurred by the business. 3 Income from the business is reported on your personal income tax return.

What is the type of structure available to you?

The type of structure available to you will depend on the laws of your state, and of course, you must conform to any applicable rules of professional responsibility. It's therefore important to research the applicable laws and ethical rules before making your final decision. You may also want to consult with an accountant or another attorney to fully understand the implications for your firm.

What is the most straight forward business structure?

1. Sole Proprietorship. A sole proprietorship is perhaps the most straight-forward option. It's a business structure where the business is owned and controlled by one person and that person is liable for any of the business' obligations. Some aspects of a sole proprietorship include:

When is a corporation taxed?

A corporation is taxed when the corporation earns profits, and the dividends distributed to shareholders are also taxed. If the corporation meets certain requirements, it can elect to be treated as an " S Corporation " such that income and losses pass through to the shareholders.

What is a partnership?

Partnership. A partnership consists of two or more people who own and run the business. The partnership may be general or limited, and is generally governed by an agreement that sets forth the partners' responsibilities and obligations. Limited liability partnerships (LLP) may be an option depending on your state.

What are the benefits of a partnership?

The benefits of a partnership, says the SBA, include low formation costs, profits that flow through to the partners, and incentives for employees to become partners, while the downside includes joint and several liability, profit sharing, and disputes between partners over business decisions.

What is a legal consulting firm?

A legal consulting firm is generally run out of a physical location. Businesses operating out of a physical location typically require a Certificate of Occupancy (CO). A CO confirms that all building codes, zoning laws and government regulations have been met.

What degree do I need to become a lawyer?

The Law School Admissions Test (LSAT) is next, followed by law school and a Juris Doctor (J.D.) degree.

Why is it important to have a clear plan?

A clear plan is essential for success as an entrepreneur. It will help you map out the specifics of your business and discover some unknowns. A few important topics to consider are:

What can a consultant do?

By acting as a consultant, rather than a traditional legal firm, your company would be able to advise companies’ legal departments and draw up compliance plans that meet local, state, and federal regulatory guidelines. You can also advise companies with no legal department, lowering their legal costs.

How much does a consultant charge per hour?

On average, you may charge between $100 and $500 per hour (depending on your positioning, experience, etc.) or between $1,000 and $10,000 per project.

Why is it important to record expenses?

Recording your various expenses and sources of income is critical to understanding the financial performance of your business. Keeping accurate and detailed accounts also greatly simplifies your annual tax filing.

What is net 30?

The term "net-30," which is popular among vendors, refers to a business credit arrangement where the company pays the vendor within 30 days of receiving goods or services. Net-30 credit terms are often used for businesses that need to obtain inventory quickly but do not have the cash on hand.

What is the difference between a PC and an LLC?

There's a huge tax difference between a PC and a LLP or an LLC. A professional corporation is a business entity that must pay income taxes for the corporation itself, which may result in double taxation. However, with an LLP or LLC, the member pays individual taxes, not the entity itself.

What is professional corporation?

A professional corporation is a product of state laws which provide detailed provisions on what the corporation can and cannot do. A corporation should have its own set of by-laws and agreements that dictate the responsibilities and conduct of the corporation, its directors, and shareholders.

What is a PC in business?

A PC is much more formal, as operating decisions often require director approval and votes of shareholders. As with any corporation, you must hold shareholder and director meetings, keep records and minute books.

What happens if there is no written agreement?

So, if there is no written agreement or the agreement doesn't address particular issues, the LLP or LLC will be subject to the gap-filling provisions in their states' business code.

Can a lawyer form a limited liability company in California?

Unlike other states, California does not allow lawyers to form a limited liability company. Instead, California allows for the use of a professional limited liability partnership (LLP). Every other state allows for the formation of an LLC or a professional limited liability company (PLLC) for law firms.

What is legal practice?

A legal practice is a highly technical, and detail oriented business. There are numerous factors that should be tracked and organized during day-to-day operations. Law firms, like most business should keep track of all open cases or projects, task lists, and deliverables. Attorneys must keep detailed records of their billable hours, and must also maintain accurate calendars for meetings, hearings, civil procedure deadlines, and other case related dates. In addition, a firm must keep records regarding its finances, client trust accounts, costs and expenses, accounts receivable, invoices, and more.

What should a business name be?

If you have formed a Professional Corporation, your business name should be something that is applicable to the profession, and that is not misleading, or substantially similar to an already existing business.

What is a trust account in California?

A common banking structure is to maintain a trust account (to receive and hold all client related funds), and an operating account (for the firm’s finances).

What is the benefit of sole proprietorship?

The benefit of a sole proprietorship is that it doesn’t have to be registered with the state, has pass through taxation, and is less expensive to maintain. However, the drawback is that it does not provide any limited liability for your personal assets.

What is a professional corporation?

A Professional Corporation (or “PC”) is a corporate entity for professional services such as attorneys, doctors, accountants, engineers, etc . The benefit of a PC is that it provides limited liability for the owner’s personal assets, and thus more protection than a sole prop. The drawback is that there are more guidelines in maintaining a corporate entity, including meetings, minutes, issuance of shares, and keeping separate finances, bank accounts and tax returns. In addition, the Franchise Tax Board assesses an $800 fee per year for maintaining a corporation.

Can a sole proprietorship avoid filing?

If you operate as a Sole Proprietorship, you can avoid all business filing requirements if the name of your business, (1) includes at least your last name, and (2) portrays the nature of your business (ex. John Smith Law, Smith Law, Smith Legal, or The Law Offices of John Smith.)

image