questions to ask an attorney during consultation when opening a business

by Jessyca Lowe 8 min read

7 Questions to Ask Your Attorney Before Starting a Business
  • What Business Structure Should I Choose? ...
  • What Do I Need to Know About Choosing a Name for my Business? ...
  • How Do I Minimize My Risks as an Employer? ...
  • What Should Be In My Operating Agreement or Bylaws? ...
  • How Can I Protect My Intellectual Property?

What are the best questions to ask a lawyer?

Nov 09, 2020 · Also, it’s risky to choose a name that might infringe on another business’s registered trademark. And if you think you’ll want to trademark a business name, you’ll want to choose a name that meets trademark protection criteria. A lawyer can explain the rules and help you research your options. 3.

What questions should I Ask my Lawyer?

A great question to ask after offering an idea, recommendation, or offer. This helps you to get buy-in and acceptance from the buyer. It also allows you to address any concerns or questions the buyer may have if they respond in the negative. “Let’s …

What to expect in a lawyer consultation?

Subscribe to the UpCounsel Blog. Although unexpected challenges sometimes arise and cause deadlines to be pushed back, attorneys should be able to give an estimate of how long each phase of the project will take. Make sure that these estimates seem reasonable and fit with the timeline that you have in mind. 6.

How to prepare for an initial consultation with a lawyer?

Jun 01, 2020 · An important question to ask a lawyer is what the strategy for your case will be and the outcome the lawyer expects. You’ll want to get details on what kind of procedures to expect. Ask how long it will take for the entire case to be resolved. Discuss the legal strategies that will be used.

What questions should I ask a startup lawyer?

7 questions to ask your startup lawyerDo You Work With Companies Comparable to Mine? ... How Do You Bill? ... Will I Be Comfortable Working With You? ... What Is Your Focus? ... What Is Your Past Experience? ... Are You the Best in the City? ... What Is Your Age and Experience With Technology?Aug 3, 2013

What are good questions to ask when starting a business?

9 Questions Smart Entrepreneurs Answer Before Starting a BusinessWho are My Primary Competitors in the Industry? ... How Is the Market Responding to This Industry? ... How Is My Solution Different From My Competitors? ... Who Is My Ideal Customer? ... How Will I Market My Business? ... Will My Business Have a Soft or Hard Launch?More items...•May 27, 2019

What are good questions to ask lawyers?

Questions to Ask Your Lawyer During a Consultation1) What kind of experience do you have with similar cases?2) What would be your strategy for my case?3) Are there any alternatives to going to court?4) What are my possible outcomes?5) Who will actually handle my case?6) What is my role in my case?More items...•Jan 29, 2017

What questions should I ask a corporate lawyer?

General QuestionsHow long have you been practicing law?What do you specialize in?What are your main roles and duties? What goes beyond that scope?How do you bill?What companies do you generally work with? ... Are you experienced with startups?Are you familiar with the laws of incorporation in my specific state?

What are the three big strategic questions?

He taught that the three most important strategic questions each company must answer are:What is our business? (Mission)What will our business be? (The changing environment that we are certain about)What should our business be? (Vision)Apr 11, 2017

What are the 4 basic business questions?

The 4 Questions You Need to Ask When Starting a BusinessWhy are you deciding to start the business? This is the most important question to answer before you do anything else. ... What capital do you have access to? ... What do you know how to do? ... If this failed, would you regret it?Dec 10, 2015

How do I prepare for an attorney interview?

If you are interviewing virtually, all of these tips apply.Do your research. Lawyers are known for being good researchers. ... Be presentable and dress your best. ... Come prepared to ask questions. ... Be personable and show enthusiasm. ... Be genuine. ... Promptly send a thank-you note.Oct 28, 2020

How do you answer legal interview questions?

Below are some common legal interview questions—plus suggestions on how to approach them.Tell me a little about yourself. ... What attracted you to our firm/organization? ... Can you describe a challenge or conflict you have faced at work and how you overcame it? ... What is your biggest weakness? ... Do you have any questions for us?Mar 20, 2021

What are good questions to ask when networking?

Networking: Questions to AskWhat are your primary job responsibilities?What experience did you have to get your job?How long have you worked here?What is your own background and experience?What is a typical work day like?How long is your work day?How much variety is there in your work?More items...

What do you talk about with a business lawyer?

7 Questions to Ask Your Attorney Before Starting a BusinessWhat Business Structure Should I Choose? ... What Do I Need to Know About Choosing a Name for my Business? ... How Do I Minimize My Risks as an Employer? ... What Should Be In My Operating Agreement or Bylaws? ... How Can I Protect My Intellectual Property?More items...•Nov 9, 2020

How do you answer corporate law questions?

1:358:50How to answer: Why commercial law? - YouTubeYouTubeStart of suggested clipEnd of suggested clipDay if you're asked about them later there's a famous quote that. Goes. If you remember what. You'veMoreDay if you're asked about them later there's a famous quote that. Goes. If you remember what. You've. If there you go if you tell the truth you don't have to remember.

What do you understand by business law?

business law, also called commercial law or mercantile law, the body of rules, whether by convention, agreement, or national or international legislation, governing the dealings between persons in commercial matters.

How to create a business name?

The name itself suggests that the owners have limited liability concerning the business’ financial obligations. The owner could be one or more, but unlike in sole proprietorship and partnership, their interest is protected. 1 Decide on an available name for your business that is according to the rules of your state. 2 Organize and file the paperwork needed that is referred to as the articles of organization that may cost about $100 to $800 depending on the state. 3 Make sure that the rights and obligations of each member of the LCC are clearly stated in the operating agreement. 4 Some states require publishing a notice of intent to form a business structure called LLC. 5 Get the necessary permits and licenses required for the formation of your business.

Why is it important to keep proprietary information?

Keeping the proprietary information within the bounds of your business is important to make sure that business’ interest is protected. This applies not only to the employees but to all people who have significant involvement with the business like the individual contractors.

What is the number one candidate for entrepreneurs who are more comfortable with working alone?

The sole proprietorship is the number one candidate for entrepreneurs who are more comfortable with working alone. From the phrase itself, it is easy to derive that the owner of the business is just one person who is most likely to be the manager as well.

Why is information technology important?

The advent of information technology makes it easier for us to access information that we need. The internet is teeming with drafts of different contracts for small businesses. Even the processes that you need to follow in trade name and trademark registration is just as click away.

What is a business lawyer?

A business lawyer is a person best suited for helping you make that decision. Both sole proprietorships and general partnerships view the business and the owner as the same entity, so if there are debts or legal issues, you would be held liable.

What does it mean to consult with a lawyer?

By consulting with a seasoned attorney, you can establish that you’re currently operating within the boundaries of the law. If not, your lawyer can point out areas that require redress. In addition, laws and regulations are changed or updated regularly; therefore, you need a lawyer to apprise you of any such changes.

What are the legal ramifications of starting a business?

There are several legal ramifications of starting a business. It can lead to issues related to liability, copyright, employee rights and everything in between. So one of the first steps you should take as you work to get your business off the ground is speak with an experienced business attorney.

Who is Ben De Leon?

Ben De Leon is the President of De Leon Washburn & Ward, P.C., where he has served as general counsel to some of the fastest growing companies in Texas. As an experienced business lawyer, he recently spoke with Small Business Trends about some of the most important legal issues that new entrepreneurs should discuss when getting started.

Do you need a lawyer for a business?

Once your business starts working with vendors, suppliers, clients, or any other third parties, you’ll need written agreements in place to ensure that all parties involved know what to expect. A lawyer can help you draft specifics or at least walk you through the creation of some templates that you can use in common situations.

What is a corporate shield?

Only by establishing a corporate entity and following the necessary corporate laws and regulations do small business owners enjoy what’s commonly known as a “corporate shield” that protects their personal assets and ensures only their business assets are at play.”.

What happens if a business has an outside investor?

If your business has any outside investors, it could impact the type of corporate entity you’re able to establish for your business. Specifically, you need to be sure that the structure provides a corporate shield for your investors as well as yourself.

Before You Ask

Now before you start asking all kinds of questions at your next meeting, you need to do one thing well first.

The Wrong Questions

There’s a good chance clients will put you in the “inexperienced” box if you ask one of the following 3 questions.

The Right Questions

Here are a list of great questions (and when to ask them) that will help you to be seen as a trusted advisor by clients and prospects alike.

Questions to Qualify Your Prospective Clients

With these questions, you’re positioning yourself as the expert by asking questions to learn more about your client’s business and whether or not they would be a good fit for your expertise.

Questions to Identify Problem Clients (And Red Flags)

With these questions, you’re looking to uncover problems with either the client or from within their business before you start the project. The earlier you learn about these red flags, the earlier you can prepare and plan for them.

Questions to Ask Clients To Engage Them

With these questions you’re looking to really get your client more involved in the questions about their business and the project.

Questions to Identify Value for ROI Pricing

With these questions, you’re looking to ask questions to help you and your client identify the financial implications of this project so that you can employ value-based pricing for your consulting project.

Do attorneys have conflicts of interest?

Attorneys are responsible for divulging any potential conflicts of interest, even if they are never directly asked a question about them. However, it’s usually not a bad idea to inquire about them yourself.

What is an attorney who can answer this question well?

An attorney who can answer this question well is an attorney who is attuned not only to the legal challenges at hand, but also to the way clients think about them. They’ve also likely worked with clients like you. They’ll be able to provide context upfront that answers your questions before you find yourself confused by a complex legal issue or legal language.

How many bills has Jerry Brown signed?

California Gov. Jerry Brown recently completed acting on the 1,217 bills that came across his desk this year. He has signed 1,016 of them into law, with the majority taking effect...

Do attorneys quote hourly fees?

While most attorneys will quote you an hourly rate or a fixed fee upfront, it’s important that you understand what this quote does and does not cover. For instance, will you also be responsible for reimbursing the attorney for expenses, such as transportation?

Can an attorney give an estimate of how long each phase of a project will take?

Although unexpected challenges sometimes arise and cause deadlines to be pushed back, attorneys should be able to give an estimate of how long each phase of the project will take. Make sure that these estimates seem reasonable and fit with the timeline that you have in mind.

Is it difficult to get a complete picture of someone's personality?

No matter who you’re interviewing, it’s difficult to gain a complete picture of someone’s capabilities and personality over the course of an interview. This difficulty is compounded when you’re someone without a legal background who’s interviewing an attorney.

Why do lawyers offer free consultations?

Most lawyers offer a free consultation so that you have a chance to determine if he or she is the right person for you. Going to the first meeting with some simple questions can help you ensure you find the right person for the legal help you need. You will not get much legal advice at this consult since it is not meant to resolve your legal ...

What to ask a lawyer about a case?

An important question to ask a lawyer is what the strategy for your case will be and the outcome the lawyer expects. You’ll want to get details on what kind of procedures to expect. Ask how long it will take for the entire case to be resolved. Discuss the legal strategies that will be used. Find out if your attorney will attempt to settle and if mediation or arbitration are options. Think about the answers and if you are comfortable with them. Maybe you want to avoid a trial at all costs but your attorney really wants to just go to trial, or perhaps you have no intention of settling and want your day in court. It is important that your lawyer’s strategy lines up with your needs.

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.

What is a meeting with a lawyer?

Meeting with a lawyer for an initial consultation is generally not a chance to ask legal questions that are in depth, but is instead an opportunity to get a sense as to whether this lawyer is the right one to handle your case. Use this meeting to help you decide which lawyer will be the best one for your case.

The Most Important Questions to Ask A Business Attorney

General Questions

  • These are questions pertaining to understanding who your lawyer is, how they operate, and what you should expect from them. They might include: 1. How long have you been practicing law? 2. What do you specialize in? 3. What are your main roles and duties? 3.1. What goes beyond that scope? 4. How do you bill? 5. What companies do you generally work ...
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Business-Related Questions

  • If you want specific advice there are a couple of business-related queries you should make, especially to identify whether or not your lawyer is well-versed in your field. Questions might include: 1. What business structure should I select?– The first thing you’ll do when creating a small business is to determine its structure or entity. A business lawyer is a person best suited f…
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Covering Your Business

  • You’re not a lawyer. No amount of Google searches or blog posts will ever provide all the pertinent information you require. You need an experienced and knowledgeable barrister to come in, take your hand, and guide your businesson all legal matters. A good lawyer will be able to answer questions, provide guidance, and discuss all potential problems you could face when starting a …
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Structuring Your Business

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There are several different business structures that you can choose when you’re forming your company, including LLCs, S corporations, C corporations, partnerships and sole-proprietorships. So speak with an attorney who can explain each option for you and then listen to your vision for your company so they can guide you in t
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Protecting Your Personal Assets

  • No matter what specific structure turns out to be the best choice for your business, it’s essential that you structure it in a way that limits your personal liability and protects your non-business assets. De Leon said in an email to Small Business Trends, “Establishing a limited liability company or other corporate entity with the applicable government agency (e.g., filing a Certificat…
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Choosing A Name

  • Another part of getting your business officially up and running is choosing a name. Each state has its own processes for officially selecting a name. And you also need to be sure that you’re not infringing on any existing copyrights or trademarks with your name choice. So a business attorney can help you make sure your name of choice is available and walk you through the necessary pa…
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Protecting Investors

  • If your business has any outside investors, it could impact the type of corporate entity you’re able to establish for your business. Specifically, you need to be sure that the structure provides a corporate shield for your investors as well as yourself.
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Establishing Ownership Responsibilities

  • If your business has multiple partners or owners, you also need to have clear agreements about what is expected of each person and what the responsibilities are in terms of purchasing property or equipment. It’s best to have contracts or signed agreements in place when you’re just getting started so that all parties involved understand what is expected of them and what they are entitl…
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Creating Internal Bylaws

  • Then you also need to create some bylaws for your company as a whole. These should outline all of the rules that owners and management should follow over the course of running the business. De Leon says, “Owners must understand that establishing a corporate entity and securing an EIN number is but the first step; internal governing documents (e.g., Company Agreements/Bylaws/A…
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Adhering to Compliance Practices

  • The federal government and each individual state have requirements for record keeping, safety practices and a number of other business related processes. So your business needs to know exactly what is required in order to comply with all of those rules and regulations. Your lawyer can walk you through some of those issues and make sure you know exactly what records must be …
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Making Sure You’Re Covered with Insurance

  • Insurance can help you avoid costly issues down the road. Speak to your legal representative to discuss what types of coverage you might need or at least benefit from, including coverage for workplace injuries, data breaches, or non-injury claims made by employees or customers.
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Creating Vendor Contracts

  • Once your business starts working with vendors, suppliers, clients, or any other third parties, you’ll need written agreements in place to ensure that all parties involved know what to expect. A lawyer can help you draft specifics or at least walk you through the creation of some templates that you can use in common situations.
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Navigating Tax Issues

  • Your legal representation probably isn’t going to do your taxes for you or manage your books. But there are some tax ramifications of choosing different corporate entities or making some of the other decisions listed above. So it is important that you also have a good CPA in your corner, and your lawyer might be able to refer you to one so they can work in tandem on some of those impo…
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