- Educate yourself about legal issues: Small business owners spend most of their time on the day-to-day work of running a company, but they still need to have a general understanding ...
- Know where to look. One of the best ways to find an attorney is to ask someone you know for a referral. ...
- Ask the right questions. Before you hire an attorney, ask them what their main areas of expertise are and how long they’ve been practicing. ...
- Make sure this relationship is a good long-term fit. Make it your goal to find an attorney with whom you can build a long-term relationship. ...
- Understand the attorney’s fees. Attorney fees can vary greatly from one firm to another, so make sure you understand the billing process before you agree to services. ...
- Watch out for red flags. Don’t hire an attorney who lacks real world experience. ...
Full Answer
Do you need a lawyer for your business?
May 12, 2022 · Your business attorney should act as a legal “internist,” diagnosing your situation, doing any necessary “small surgery,” and referring you to local specialists for “major surgery” if necessary. No lawyer can reasonably be an expert in every field of law. If your company requires specialist legal services (a graphic designer, for ...
How can an attorney help you protect your business?
Jul 23, 2020 · Handling employment issues: As a business increases its workforce, a business attorney can help keep up with labor laws and lawsuits. Obtaining IP protection: Businesses in tech, health, or research fields often require trademarks and patents and finding a good trademark lawyer can help benefit the business’s future.
How do I find a business lawyer?
Dec 06, 2019 · Assurance the startup is being done right. Enabling you to focus on other aspects of the business so you don't have to spend time learning the legal processes. Support with specific tasks like trademarking your name, reviewing lease documents, discussing potential legal structures, and preparing incorporation forms.
What type of lawyer should I hire to handle a business dispute?
What role does an attorney play in helping to form businesses?
They can guide entrepreneurs through the process of sales or acquisitions, help draft letters of intent, draft contracts, verify trademarks, and review contracts and agreements with buyers and sellers.Dec 4, 2020
Why should an entrepreneur consult with an attorney?
The most common reasons for needing an attorney are: Navigating the many forms and requirements of legal documents, like incorporation documents, that are involved. Assurance the startup is being done right.Dec 6, 2019
What's the difference between attorney and lawyer?
For example in the US, an attorney is a general term for a lawyer that has passed a bar examination and can practice law in a particular jurisdiction. Attorneys act as lawyers but not all lawyers can perform the work of attorneys.Oct 22, 2021
How do you approach a lawyer?
Tips for Talking to an Attorney
- Always be as honest and candid as possible about the facts of your case. ...
- Ask questions if you don't understand something that your attorney mentions or explains to you.
- Approach an attorney about your case as soon as you think you may need one.
Lawyers simplify and organize a complicated paperwork process
First things first, you’ll probably need to register your LLC, corporation, partnership, or nonprofit with your state (and any other states in which you plan to operate ). Every business is required to attend to federal, state, and local paperwork, as well as third parties and the public.
They can protect your brand from infringement and claims
Failure to protect a trademark or copyright can leave a business vulnerable to unnecessary troubles on the path to an otherwise successful start-up.
Within the company, lawyers can help build a strong team
Before business is truly on its way, a group of founders must establish each member’s role, salaries, levels of control or ownership, personal liability, and capital contributions. A lawyer’s oversight of these conversations can protect each member and the entity as a whole, ensuring that contracts are valid and legally binding.
Lawyers can protect your customers or patients
One of the first steps in launching a business is creating a web presence. At least sixteen states require website privacy policies as a means to protect private information from customers or patients.
Lawyers can simplify the customer and supplier interactions
Negotiations with suppliers and partners require proactiveness and strong terms between your business and others—even website or software providers—ensures mutual success. With a lawyer’s help, you can ensure that each contract or buy-sell agreement is comprehensive and binding.
From Making to Manufacturing
Should consumer product startups manufacture in-house or partner with a copacker?
Do business ventures involve legal maneuvers?
As you have just learned, business ventures involve quite a few legal maneuvers and know-how. While entrepreneurs must wear several hats in order to achieve some level of success, sometimes it's best to leave the more complicated matters to the experts. Visit FindLaw's Business and Commercial Lawyer Directory for a qualified attorney near you or learn more about state-specific laws on our closely held business legal answers page.
What are the intangible assets of a business?
Many intangible assets of a business should be legally protected. A company's name, logo, brand name, and distinctive goods and services are entitled to copyright protection. Proprietary computer software, semiconductor chip mask designs, vessel hull designs, and many other creations may be eligible for trademark registration. Patents are often thought to cover only machines and other manufactured products, but can also protect processes, such as a method for refining petroleum, or new compositions of matter, such as chemical compounds or mixtures. Trademark, copyright, and patent registrations can help a business protect the things that give it a competitive advantage in the marketplace.
It can depend on factors unique to you and your business
Jean Murray, MBA, Ph.D., is an experienced business writer and teacher. She has taught at business and professional schools for over 35 years and written for The Balance SMB on U.S. business law and taxes since 2008.
Examine Business Needs
Whether you need an attorney to start your business depends in large part on what legal type of business you're starting. The simpler your business, the less you'll need an attorney.
How to narrow your search for a lawyer?
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 . Competence, diligence, and trustworthiness are critical factors to consider when selecting legal counsel, ...
What is transactional law?
Transactional lawyers have the business acumen to advise you in all aspects of business dealings, including forming your business, operating your business, developing a business plan, implementing business strategies, buying or selling a business, effectuating an initial public offering, winding down your business operations, and much more .
What is a general business lawyer?
1. General Business Lawyer. As the name suggests, a general business lawyer can provide legal advice on a wide range of matters. This type of lawyer has a hand in every legal discipline. If your business doesn’t deal with special circumstances, a general business lawyer may be well suited to your purposes.
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 ...
Is it expensive to hire a lawyer?
It’s well known that hiring a lawyer can be expensive, making it challenging for some small business owners to retain their services. However, if your business is subject to a lawsuit, you’ll be relieved that you hired a lawyer.
Can a lawyer review a contract?
In addition, some lawyers are knowledgeable about tax issues, even if they aren’t accountants. They may have handled legal tax matters for other business owners and can make sure you don’t run into the same issues.
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.
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.
What happens when you buy and sell a business?
When you buy and sell businesses, you’ll negotiate for the property and assets of those businesses. It may not always be clear what you’re entitled to during these negotiations. It pays to have a mergers and acquisitions (M&A) lawyer representing your interests in the transactions.
Issues You Can Handle on Your Own
There are certain matters that are fairly straightforward and/or not unduly difficult to learn and therefore do not require the services of an attorney who charges at least $200 per hour. There are enough expenses associated with running a business, why not save yourself a load of money and do it yourself if you can?
Issues Where You Will Need a Business Lawyer
Most of the issues outlined above can be handled by any intelligent business owner (if you can run a business, you can certainly fill out IRS forms or fill in boilerplate business forms). There are times, however, when a business faces issues that are too complex, too time consuming, or fraught with liability issues.
An Ounce of Prevention
While you certainly need to retain an attorney for the serious issues above, your emphasis should be placed on preventing such occurrences in the first place. Prevention does not necessarily involve hiring an attorney, though consulting with one wouldn't hurt.
Get in Touch with a Business Attorney Before You Need One
You won't need a lawyer for each and every legal issue that comes up in your business. But when you do, it's good to know where to find the right one. And -- more to the point -- you may not know you need legal help until it's too late, as attorneys can help you stay in compliance with the law and spot developing legal issues early.
Expert Q&A
Include your email address to get a message when this question is answered.
Tips
If you're addressing a female attorney, always use "Ms." unless you're certain she prefers "Mrs." Many professional women consider "Mrs." to be outdated.
About This Article
This article was written by Jennifer Mueller, JD. Jennifer Mueller is an in-house legal expert at wikiHow. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. She received her JD from Indiana University Maurer School of Law in 2006. This article has been viewed 29,118 times.
Corporate Governance
- While most corporations will use an attorney to help with the process of incorporation, new businesses sometimes neglect the on-going legal requirements to maintain their corporation status. Annual shareholder, director, and partner meetings need to be held, and recording of minutes and the election of officers must conform with state requirements....
Intellectual Property
- Many intangible assets of a business should be legally protected. A company's name, logo, brand name, and distinctive goods and services are entitled to copyright protection. Proprietary computer software, semiconductor chip mask designs, vessel hull designs, and many other creations may be eligible for trademark registration. Patents are often thought to cover only mac…
Employment Agreements
- Many companies, especially technology companies, count the knowledge of their employees as some of their most important assets. Yet they fail to protect those assets through non-disclosure and non-compete agreementswith their employees. Inevitably, some employees will leave the company, and it's important to protect your business against their taking their knowledge of trad…
Exit Strategies
- Entrepreneurs sometimes are so focused on starting a new business that they don't consider what happens if one of the principals leaves the business. When a partner or major shareholder decides to suddenly exit, it can potentially threaten the ability of the business to continue operating. Closely held corporations need to have buy-sell agreements or buy-back agreements t…
Find The Right Business Attorney Near You
- As you have just learned, business ventures involve quite a few legal maneuvers and know-how. While entrepreneurs must wear several hats in order to achieve some level of success, sometimes it's best to leave the more complicated matters to the experts. Visit FindLaw's Business and Commercial Lawyer Directory for a qualified attorney near you or learn more about state-specifi…
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