how should an attorney/consultant set up their business organization

by Mr. Jerrell McCullough 9 min read

1. Contracts. 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. Business organizations.

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Do you have to choose the legal business structure for consulting?

Mar 02, 2022 · How to get your legal practice organized Clear your mind Begin with organizing your desk and office Limit distractions from notifications Improve your time management skills Commit to improving communication with clients and colleagues How to organize law firm files Use legal project management tools How getting organized can impact your mental health …

Do I need a lawyer to start a consulting business?

Jan 27, 2021 · Start a legal consulting firm by following these 10 steps: Plan your Legal Consulting Firm; Form your Legal Consulting Firm into a Legal Entity; Register your Legal Consulting Firm for Taxes; Open a Business Bank Account & Credit Card; Set up Accounting for your Legal Consulting Firm; Get the Necessary Permits & Licenses for your Legal Consulting Firm

How do I register a consulting firm?

Mar 13, 2021 · Coaching and general business consulting to help business owners overcome a variety of obstacles. You can even set up a formal or informal coaching program for clients and prospective clients. Business writing. Too many business owners are poor writers. Successful consultants can often teach business owners to write better, or shadow write for ...

What does it mean to open a consulting firm?

Jan 14, 2017 · self with both a corporate structure and business insurance. (A lawyer’s caveat: even if you set up your business as a corporation—LLC, C corp or S corp—a plaintiff can still sue you as an individual and claim that your legal business structure is a sham and should be ignored for liability purposes.

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What is the best business structure for a consultant?

LLCs tend to be preferred by consultants. That's because they offer the flexibility of a small operation while also protecting your assets. However, forming and maintaining an LLC requires paperwork and fees. If you would prefer not to deal with that, then a sole proprietorship may before you.Dec 23, 2019

How do I organize myself as a consultant?

How to Stay Organized as a ConsultantTake Stock of Clutter. Start your organizational quest by decluttering your physical work environment. ... Create a System for Filing Electronic and Physical Documents. Developing a filing system is an essential basis to staying organized. ... Tackle Your Inbox. ... Prioritize White Space.

How do I structure a consulting business?

5 Tips for Building a Killer Consulting BusinessFind a way to exploit specific knowledge gaps. ... Focus on relationships, not revenues. ... Sell results, not services. ... Employ a flexible structure. ... Always be closing.Aug 2, 2012

How are consulting firms legally organized?

For larger consulting firms, a two tier structure usually involves one senior executive overseeing the operation, and a second tier of managers overseeing each business unit and its consultants. The top executive is typically a partner or owner of the organization.

How do I set up a consulting LLC?

How to start a consulting business in 9 stepsStep 1: Assess your strengths and skill set. ... Step 2: Figure out what your market needs. ... Step 3: Ride the organic marketing train. ... Step 4: Invest in the tools of the trade. ... Step 5: Staff wisely. ... Step 6: Practice your elevator pitch. ... Step 7: Write client proposals.More items...

How do consultants find clients?

How to Get Consulting Clients FastIdentify your ideal client.Know your unique value proposition.Share helpful content related to your niche.Ask for referrals.Invest in paid advertising.Attend meetups and events related to your ideal client's industry.Partner with other consultants or firms.More items...•Sep 7, 2021

What can I write off as a consultant?

Tax Deductions for Independent Business ConsultantsYour business structure. ... Travel and auto expenses. ... Meals and entertainment. ... Business insurance. ... Tech equipment, office supplies. ... Website and advertising expenses. ... Keep accurate records.

What is the structure of an organization?

An organizational structure is a system that outlines how certain activities are directed in order to achieve the goals of an organization. These activities can include rules, roles, and responsibilities. The organizational structure also determines how information flows between levels within the company.

What type of organization is a consulting firm?

A consulting firm or simply consultancy is a professional service firm that provides expert advice for a fee. Consulting firms may have one employee or thousands; they may consult in a broad range of domains, for example, management, engineering, and so on.

What is a team organizational structure?

Team-based organizational structures are made of teams working towards a common goal while working on their individual tasks. They are less hierarchical and they have flexible structures that reinforce problem-solving, decision-making and teamwork. Team organization structures have changed the way many industries work.Sep 23, 2021

How to choose a consultant?

When deciding between these four business entities, first ask yourself whether you want or need to incorporate as a consultant. Legally, you don’t have to incorporate, and maybe that smaller degree of maintenance would suit your business well. Then, weigh the advantages and disadvantages of each entity and choose the one with the ease of formation, taxation, and legal protection you think you can benefit from most: 1 Many consultants prefer to operate an LLC than be a sole proprietor or a corporation owner because these entities combine many of the advantages of the other two entities. If you run a small operation and want to protect your assets, this is likely the best legal structure for your consulting business. 2 Sole proprietorships are by far the easiest form of business to set up—but offer the least legal protection. 3 An S Corporation structure is likely only an option if your consulting business is relatively large, with several shareholders and multiple employees. Protections are similar to those of an LLC, but shareholders have more responsibilities. 4 If working as a consultant, there is little reason to consider a C Corporation as an option. Businesses seeking this structure are usually large firms with many employees and many shareholders. Your consultant business would need to be extensive and complex for you to need to go this route.

How to form a C corporation?

You must file articles of incorporation, usually with the Secretary of State, to formally form a C Corporation. The corporation also has to elect a board of directors, which will delegate business activities to individuals in the business known as "officers.".

Why does business structure matter?

The legal entity you choose for your consulting business can affect you in these key ways: Ease of formation: Starting a business can require a hefty amount of paperwork and other administrative duties, or none at all, depending on the legal entity you choose. Taxation: Not all business structures are taxed ...

What is a business liability?

Liability: Certain business structures make you personally liable for failures of the business, which may mean you have to pay damages out of your own pocket, or through valuable assets like your house or car. Other entities provide more protection for you—and your personal assets—in the event of a lawsuit.

What is an S corporation?

An S Corporation is a corporation that avoids the double taxation of C Corporations. Unlike sole proprietorships and LLCs, you must distribute stock shares to appoint owners of an S Corporation. This means that S Corporation owners are shareholders, but these entities can have no more than 100 shareholders.

Is a sole proprietorship a pass through entity?

Keep in mind that sole proprietorships are "pass-through entities" in the eyes of the law—meaning that the business's assets and liabilities are not separate from your own personal assets and liabilities. The business doesn't file its own taxes—instead, the profits and losses pass through to your personal tax return.

Do S corporations pay dividends?

S Corporations can pay shareholders dividends, and dividends aren't subject to self-employment tax, which can result in significant savings. However, if an S Corporation shareholder provides services to a business, the S Corporation must pay that shareholder a reasonable salary, which is taxable.

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 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.

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:

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.

Do legal consultants need to sign a service agreement?

Legal consulting businesses should consider requiring clients to sign a service agreement before starting a new project. This agreement should clarify client expectations and minimize risk of legal disputes by setting out payment terms and conditions, service level expectations, and intellectual property ownership. Here is an example service agreement.

What do you need to know when starting a consulting business?

When you start a new consulting business, assessing your finances is crucial. These numbers include tracking your sales and profits - but an innovative business will need to account for much more than sales alone. Here’s what you need to know about business finance and how to crunch the numbers for your new business.

What is a solo consultant?

As a solo consultant, you’ll work closely with your clients and complete the project and all deliverables yourself. If you want a lean and flexible consulting business, this is a good model for you.

How to keep track of finances for consulting?

To keep track of your finances when starting a consulting business, you’ll need to set up a bookkeeping and accounting system. This is important so that you understand your business’s cash flow and will also be necessary for tax-filing purposes.

Where is Katie from the Badgers?

Katie completed her masters degree at the University of Wisconsin-Madison. She never attended a single Badgers game. Katie is a problem-solver, writer, former professor and reluctant video game enthusiast. After deciding to leave academia behind, Katie now focuses her efforts on small business marketing and branding, design and copywriting.

What is deal killer in law?

We’ve met and have sat across the table from many lawyers who are deal-killers. Overzealous and often inexperienced, they focus on the wrong issues and forget that their client needs the deal to move forward. When you talk with lawyers you’re considering hiring, ask them about one or two complicated negotiations and how they overcame obstacles.

How many hours can a business work?

But, for your business to scale and grow, you're going to need help. After all, there are only 24 hours in a day, and you can't work all of them. Eventually, if all goes well, you’ll hire employees to take tasks off of your plate so that you can focus on serving your clients. But employees must be paid.

What do you need to know about accounting and bookkeeping?

Here’s what you need to know about accounting and bookkeeping for your new consulting business. Business accounting is how your business records, organizes, interprets, and presents its financial information. Accountants analyze the financial condition of a business to help the business owner make better decisions.

Why do companies have business structures?

A company business structure is especially common because of the ease of setting up a company, and the flexibility it allows. This type of structure will be well suited to your consultancy business if your aim is to grow and scale your business and become your industry’s biggest player.

What is legal vision?

About LegalVision: LegalVision is a tech-driven, full-service commercial law firm that uses technology to deliver a faster, better quality and more cost-effective client experience. The majority of our clients are LVConnect members. By becoming a member, you can stay ahead of legal issues while staying on top of costs.

Do partnerships pay taxes?

There are also certain tax benefits for partnerships, such as each partner only paying tax on their share of the net income. As mentioned, each partner equally shares the partnership’s liabilities. Consequently increasing your risk as there is no personal asset protection if the business can’t pay its debts.

Do directors have limited liability?

Directors have limited liability if the company falls into debt and becomes insolvent, and you have a wider range of capital options available. If you run a consultancy business as a company, the debts your business incurs are debts of the company, not you personally.

Is a consultancy business taxed?

It’s also cheap and easy to set up. Any business revenue you make will be your personal income and you will be taxed as such. This business structure, however, won’t provide you with much flexibility and opportunity for growth and so you should consider your business goals in this regard. You are also personally liable for your business debts, and if you raise revenue via a loan, you will be required to secure the loan with personal assets.

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 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.

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 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 ...

Do I need a patent lawyer?

And if you have an invention, you may need to apply for a patent. A business lawyer can help identify your intellectual property, advise you on protecting it, and assist with copyright or trademark registration. For patents, you will need a patent lawyer. 6.

What is a limited partnership?

Other options include a limited partnership, in which some partners are fully liable for business obligations, and others are not, and a nonprofit corporation.

What is the simplest structure for two or more people to own a business together?

Partnership. Partnerships are the simplest structure for two or more people to own a business together. There are two common kinds of partnerships : limited partnerships (LP) and limited liability partnerships (LLP).

What is LLC in business?

An LLC lets you take advantage of the benefits of both the corporation and partnership business structures. LLCs protect you from personal liability in most instances, your personal assets — like your vehicle, house, and savings accounts — won't be at risk in case your LLC faces bankruptcy or lawsuits.

What is the importance of business structure?

You should choose a business structure that gives you the right balance of legal protections and benefits.

How does business structure affect taxes?

Your business structure affects how much you pay in taxes, your ability to raise money, the paperwork you need to file, and your personal liability. You'll need to choose a business structure before you register your business with the state. Most businesses will also need to get a tax ID number and file for the appropriate licenses and permits.

How many shareholders can an S corp have?

There are special limits on S corps. S corps can't have more than 100 shareholders, and all shareholders must be U.S. citizens. You'll still have to follow the strict filing and operational processes of a C corp.

Do corporations pay taxes?

Unlike sole proprietors, partnerships, and LLCs, corporations pay income tax on their profits. In some cases, corporate profits are taxed twice — first, when the company makes a profit, and again when dividends are paid to shareholders on their personal tax returns.

Can an LLC be taxed as a C corp?

Designations like S corp and nonprofit aren't strictly business structures — they can also be understood as a tax status. It's possible for an LLC to be taxed as a C corp, S corp, or a nonprofit. These arrangements are far less common and can be more difficult to set up.

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Why Your Business Structure Matters

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The legal entity you choose for your consulting business can affect you in these key ways: 1. Ease of formation:Starting a business can require a hefty amount of paperwork and other administrative duties, or none at all, depending on the legal entity you choose. 2. Taxation: Not all business structures are taxed equally. Bei
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Common Legal Structures For Consulting Businesses

  • Most consultants choose from four key types of business structure, each with its own unique set of strengths and weaknesses:
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Weigh The Pros and Cons of The Legal Structures

  • When deciding between these four business entities, first ask yourself whether you want or need to incorporate as a consultant. Legally, you don’t have to incorporate, and maybe that smaller degree of maintenance would suit your business well. Then, weigh the advantages and disadvantages of each entity and choose the one with the ease of formation, taxation, and legal …
See more on thebalancesmb.com