how much should attorney fees be to sell a $12m company

by Prof. Geoffrey Dicki III 6 min read

How much does a business sale attorney cost?

How Much Does a Business Sale Attorney Cost? Do-It-Yourself Forms: Under $60. Having an Attorney Review an Agreement: $100-$400+. Having an Attorney Draw Up a Contract: $1,000-$4,500+. A business purchase agreement (or stock purchase agreement for a corporation) is used when a buyer is acquiring an entire business, its assets and its ...

How much do attorney fees cost?

Here are some general guidelines on attorney hours required for the phases involved in a relatively straight-forward small or medium-sized company sale: Drafting and Negotiating Term Sheet, 5 - 10 hours. Drafting and Negotiating Purchase Agreement, 10 - 20 hours. Conducting Due Diligence Review, 10 – 15 hours.

What is the best way to price your law firm services?

Jul 14, 2020 · Attorney fees and costs are one of the biggest concerns when hiring legal representation.8 min read. 1. Attorney Fees and Costs. 2. Types of Fee Agreements. 3. How Rates are Calculated. 4. Other Legal Costs & Expenses.

How much do lawyers get paid for winning a case?

Feb 11, 2022 · If your business is worth $5 million, you can expect to pay upwards of 8 to 12%, and likewise, if your business has a $50 million value, the fee could go as low as 1.5%. Legal and Accounting Fees in Selling Your Small Business. What I’ve covered above are the M&A fees associated with selling your business.

October 14, 2010

In a recent posting, I outlined what attorneys do to help business people buy and sell companies. An attorney’s role in a company sale includes helping the parties with getting ready for sale, contract negotiation, financing, due diligence review, and closing.

How Much Attorneys Charge to Handle a Company Sale or Purchase?

In a recent posting, I outlined what attorneys do to help business people buy and sell companies. An attorney’s role in a company sale includes helping the parties with getting ready for sale, contract negotiation, financing, due diligence review, and closing.

What expenses do clients have to pay for a lawyer?

Clients may also be responsible for paying some of the attorney or law firm’s expenses including: Travel expenses like transportation, food, and lodging; Mail costs, particularly for packages sent return receipt requested, certified, etc; Administrative costs like the paralegal or secretary work.

Why do attorneys charge different fees?

Some attorneys charge different amounts for different types of work, billing higher rates for more complex work and lower rates for easier tasks .

Why do lawyers need to put contracts in writing?

A written contract prevents misunderstandings because the client has a chance to review what the attorney believes to be their agreement.

What are the biggest concerns when hiring a lawyer?

Attorney fees and costs are one of the biggest concerns when hiring legal representation. Understanding how attorneys charge and determining what a good rate is can be confusing.

What are the costs of a lawsuit?

Some common legal fees and costs that are virtually inescapable include: 1 Cost of serving a lawsuit on an opposing party; 2 Cost of filing lawsuit with court; 3 Cost of filing required paperwork, like articles forming a business, with the state; 4 State or local licensing fees; 5 Trademark or copyright filing fees; and 6 Court report and space rental costs for depositions.

What factors determine if a lawyer's fees are reasonable?

Factors considered in determining whether the fees are reasonable include: The attorney’s experience and education; The typical attorney fee in the area for the same services; The complexity of the case; The attorney’s reputation; The type of fee arrangement – whether it is fixed or contingent;

What is the first step in resolving a dispute with a lawyer?

The first step to resolving these disputes is communication . If there is a disagreement, clients and attorneys should first seek to discuss it and try to reach a mutually agreeable solution. Often, small disagreements balloon merely because both the attorney and the client avoided talking to the other out of fear.

How much does a business charge if it is worth $5 million?

If your business is worth $5 million, you can expect to pay upwards of 8 to 12%, and likewise, if your business has a $50 million value, the fee could go as low at 1.5%.

How much does a broker charge for M&A?

The percentage amount the broker will ask for will vary of course, based on the timing, market, competitive nature of the M&A field at the time, and many other factors, but the most important will invariably be the size of the transaction. If your business is worth $5 million, you can expect to pay upwards of 8 to 12%, and likewise, if your business has a $50 million value, the fee could go as low at 1.5%.

How much does an advisory fee for M&A cost?

And with regards to fees, according to Brent Beshore from Axial, a firm that helps mid-market companies find the right buyers and investors, the usual range for M&A advisory fees is typically from as low as 3% to as high as 15% of the sale price with a minimum spend of $25,000. According to Brent, “That’s a wide range and necessarily so based on the levels of complexity, size of the transaction, industry dynamics, and buyer choice. Generally, the larger the transaction, the higher the numerical cost, but the lower the fees as a percentage of the transaction.”

What are the barriers to salability?

And therein lies one of the main barriers with respect to salability. Owner overinvolvement. The smaller your business, the more the owner is involved in the business, and the more difficult it will be to sell. This is often the case for small business owners with less than $5 million in revenues.

Do you have to pay full value of all considerations in M&A?

These fees often require you to pay the full value of all consideration including cash, debt, equity rolled over, seller note, and earnout. Make sure you understand the subtleties. The fine print did, unfortunately, catch me by surprise.

Is it easier to sell a business to a broker?

The scope and complexity of work involved to sell a business, whether your business has revenues of $5 million or $50 million, is often the same. If anything, it’s often easier for a broker (or M&A advisor) to sell a larger business than a smaller business. So the higher up the revenue ladder you scale, the higher the EBITDA valuation you’ll receive and the lower the percentage the M&A advisory fees are with respect to the total sales price.

How much does an attorney charge per hour?

Attorney fees typically range from $100 to $300 per hour based on experience and specialization. Costs start at $100 per hour for new attorneys, but standard attorney fees for an expert lawyer to handle a complex case can average $225 an hour or more.

How much does it cost to get a lawyer to write a will?

Hiring a lawyer on a flat-rate basis to create a simple will costs $300, while a will for more complex estates may be $1,200 to write.

What is retainer fee?

An attorney retainer fee can be the initial down payment toward your total bill, or it can also be a type of reservation fee to reserve an attorney exclusively for your services within a certain period of time. A retainer fee is supposed to provide a guarantee of service from the lawyer you've hired.

How to avoid disagreements with your attorney?

Avoid disagreements with your attorney about how much you owe by taking the time to review your attorney fee agreement carefully. You may also hear this document called a retainer agreement, lawyer fee agreement or representation agreement. Either way, most states require evidence of a written fee agreement when handling any disputes between clients and lawyers. You must have written evidence of what you agreed to pay for anyone to hold you accountable for what you have or have not spent.

What is contingency fee?

An attorney contingency fee is only typical in a case where you're claiming money due to circumstances like personal injury or workers' compensation. You're likely to see attorney percentage fees in these situations to average around a third of the total legal settlement fees paid to the client.

What is flat fee legal?

At first glance, flat-rate legal services seem to be a complete package deal so that you don't pay more for your case than is necessary. However, if you don't comply with every single term listed on the flat fee contract, then your attorney still has the right to bill you for additional costs that may come up in your case. For instance, a flat fee lawyer working on an uncontested divorce case may still charge you for all court appearances. Plus, they may also only offer the flat fee if you have no property issues and no child support issues either.

What happens if you lose in court?

If you lose in court, you may still have to pay for the lawyer's expenses. Many cases such as those involving child custody or criminal charges are not eligible for a contingency fee structure.

What percentage of commission do you get when selling a business?

For smaller transactions‚ the commissions generally range between 10 and 12 percent of the purchase price or some other fixed number agreed to by you and the business broker. For larger transactions‚ the business broker’s/investment banker’s commission will be based on a tiered basis.

How to contact Brian Lincer about selling a business?

For more information on the cost of selling your business and other important information about selling your business‚ contact us at (800) 976-4904.. By Brian Lincer January 27, 2014.

Can a prepayment penalty be avoided?

In certain instances‚ the prepayment penalty can be avoided if the outstanding obligation is assigned to the buyer. If you are subject to a prepayment penalty or early termination fee you will want to make sure this figure is calculated into the sale price.

Do attorneys bill hourly?

Some attorneys will bill hourly so the legal fees reflect the actual time the attorney spent on your transaction . Others will estimate the amount of time they will have to spend and can provide a fixed fee for the transaction.

Do you pay transfer taxes when selling real estate?

Transfer Taxes. When selling real property along with your business‚ you may be responsible for paying transfer taxes to the government‚ depending on what state you are in. Although not always possible‚ there are certain ways to limit or negate the transfer tax depending on how the deal is structured. Either way‚ you should assume that you will ...

Do leases have assignment fees?

Some‚ not all‚ leases have a clause in the lease that provides for a certain assignment fee that would be triggered upon your request to assign the lease to the potential buyer. Similar to the transfer fee of a franchisor‚ the rationale is that the landlord will incur additional expenses as a result of your request to assign the lease (in the form of paying their attorneys to review the transaction and to negotiate and prepare the lease assignment) so they ask that you absorb this cost or at least a part of it. You need to review your lease agreement to determine if there is an assignment fee provision within.

How to see how your law firm prices compare to the average attorney hourly rate?

Tip: To see how your law firm prices compare to the average attorney hourly rate in your area, plug your state, practice area, and hourly rate into our Legal Rate Benchmark Calculator. You’ll get a quick look at how your lawyer rates compare to your peers.

How to set a good price for legal services?

To set a good price for your legal services, determine the true value you provide. Spend time talking to clients about what they value most about working with you and why. You’ll also want to consider:

What is the legal trend report?

Every year, the Legal Trends Report looks at aggregated and anonymized data from tens of thousands of lawyers to determine average attorney fees by state. Here’s a look at lawyer hourly rates by state and practice area, according to the 2019 report:

Why is pricing important in law?

Law firm pricing is one of the most important aspects of running a legal practice. It affects how your clients see the value they get from your services, and whether they’ll hire you at all.

Why do lawyers use flat rate?

Flat-rate lawyers offer predictability that puts their clients at ease as they deal with their legal matter, because price becomes one less thing to worry about.

How to calculate legal fees?

How to calculate your legal fees. Setting the right law firm pricing is key for your firm’s budget and business plan . The right pricing will yield a profitable, sustainable firm, while the wrong pricing could put your firm out of business in short order. To calculate your legal fees, you’ll need to consider what value you provide to ...

How much does a lawyer retainer cost?

An average lawyer retainer fee can range from a few thousand to a few hundred thousand dollars, depending on the size of the firm and the legal services being offered.

How much does a law firm charge for M&A?

Legal fees are among the top costs in mergers and acquisitions (M&As): where an accounting firm may charge up to $75,000 to advise in an M&A transaction, a law firm may charge more than $100,000. But while M&A legal fees are high, the cost of no or poor legal guidance is far higher. Mergers and acquisitions are complex business transactions that can go wrong without proper legal guidance. Your private equity firm may end up with an intellectual property lawsuit that invalidates your new acquisition or a complication with employee benefits. Proper legal guidance helps you predict and prevent these kinds of issues down the road.

How to reduce costs for lawyers?

The best way to reduce costs during this stage is to negotiate discounts and alternative fee agreements (AFAs) like fixed or flat fees, task-based fees, and blended rates , which are more predictable. When you negotiate, focus on emphasizing the value of the lawyers’ work for your company rather than the time it takes them to complete it. That way, you can convince your vendor to assign low-value tasks to team members with lower hourly rates. Also, emphasize the benefits of discounts and AFAs for their firm (predictability in income, fewer disputes on invoices, and maybe more projects for them), so it looks like a win-win for everyone.

How to reduce costs during LOI?

Another way to reduce costs during LOI is to monitor billing for inaccuracies. Double billing, padded hours, and other forms of overbilling are some of the biggest reasons for inflated legal invoices. Use a spend management solution like SimpleLegal to monitor for billing inaccuracies, as well as track and enforce discounts and AFAs.

How long does due diligence take for M&A?

This process can take up to several months and many attorney hours on the clock.

Why is it important to give this stage of an M&A deal all the attention possible?

It’s important to give this stage of an M&A deal all the attention possible because the more you negotiate at the LOI stage, the less you negotiate on the definitive documents in the future. There’ll be less hassle, disagreements, and room for unfavorable conditions from the other party when it’s time to draft the purchase agreement, merger agreement, and other documents to close the deal.

How long does it take to negotiate a LOI?

Negotiating an LOI typically takes 30 to 60 days, where lawyers go back and forth on drafts until the LOI is acceptable to all parties. Your attorney spends several hours going through this process to ensure the best outcome for you, which is why bills rack up at this stage.

How to increase legal fees?

Keep a steady pace. “Accelerated timeframes can increase the legal fees because more lawyers are involved and each needs to bill for their hours. Lingering deals can also cost more. A steady pace is most cost-efficient,” notes Granholm.