questions to ask an attorney when starting a business

by Sanford Mraz 9 min read

Here are some questions to start with:

  • What is your experience? ...
  • Do you have good connections? ...
  • Do you have other clients in XYZ industry? ...
  • Are you good at explaining legal matters to laypeople? ...
  • Will you be handling my business? ...
  • Are you willing to negotiate fees? ...

Full Answer

What are good questions to ask an attorney?

Jun 19, 2018 · Questions to Ask an Attorney Before Starting a Business Structuring Your Business. There are several different business structures that you can choose when you’re forming your... Protecting Your Personal Assets. No matter what specific structure turns out to be the best choice for your business,... ...

How to evaluate a business attorney?

Mar 27, 2017 · Partnership - If you have a cofounder or are starting a business as husband and wife this might be the structure for you. Two or more people must agree to share the profits or losses of a business. The primary advantage is 'pass through' taxation.Meaning that each of partner will report any income or losses on their individual income tax returns.

What should I ask before hiring an attorney?

Feb 12, 2013 · Here are 10 key questions to help you find an attorney who is just the right fit for your business: How much experience do you have with my industry? Such issues as intellectual property, franchise...

How do you know the right business questions to ask?

This question can help you gauge the attorney’s moral compass and the strength of their convictions. 11. Who is your favorite fictional lawyer? This question may be unorthodox, but an attorney’s answer is actually a great indicator of how they see themselves and their role. Is their idol a fighter? A thoughtful judge? A power-hungry potentate?

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How Should I Structure My Business?

This seems like a basic question, but it’s actually one of the most important things you can ask when you sit down with a business attorney.

How Do I Protect My Personal Assets?

Regardless of the specific structure you choose for your business, you want to structure your business to protect your non-business assets.

How Do I Minimize My Risk?

Regardless of the type of business you own, there is a huge range of state and federal regulations that apply to you.

What Should Be in My Bylaws?

Part of this process of minimizing risk and protecting your assets involves writing your bylaws properly.

How Can I Protect My Intellectual Property?

All businesses, yours included, need certain trademarks to identify themselves from other businesses.

What Contracts Does My Business Need?

Contracts are one of the most basic things you deal with on a day-to-day basis in your business. But they’re central to successfully running a business, as they spell out your responsibilities and obligations in any agreement.

More Questions to Ask an Attorney

Now that you know what questions to ask an attorney, you need to find an attorney to answer them for you.

Questions to Ask an Attorney Before You Open Your Doors for Business

Did you know that nearly half of all small businesses fail within the first five years? While most of these failures are related to financial issues, many can be avoided by seeking out expert advice. For example, there are certain legal questions to ask an attorney before you start.

1. How Should I Structure My Business?

As a small business owner, you need to learn to ask legal questions that will heavily impact your finances and business model. For example, there are many ways to form your business:

2. What Licenses or Certifications Do I Need?

Before you open up shop, you need to make sure your business is operating 100 percent within the confines of the law. A small business attorney will make sure you have everything you need to prevent any lawsuits or fines from the city.

3. What Type of Insurance Should I Get?

When you start a small business, you need to make sure you and your assets are protected. A small business attorney can help guide you through the different types of insurance policies you will need and how much coverage you should get.

4. Do I Need a Contract for Working With Business Partners or Independent Contractors?

There are other questions to ask an attorney if you are planning on working with partners, independent contractors, or businesses. You will want a lawyer for a business startup to help you hack out the details of legally binding contracts .

5. What Do I Need to Know If I Hire Employees?

Finally, you will want a small business attorney if you are planning on hiring employees. They will help you create an employee handbook or a list of policies that dictate employee expectations, fair treatment, conduct, consequences, and more.

Do You Have Any More Questions to Ask an Attorney?

Starting a small business is no small feat. However, keeping it alive and thriving is even harder. For your best chances of success, we recommend coming up with a list of questions to ask an attorney to make sure your business is free and clear of any potential issues.

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.

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 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.

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.

The Most Important Questions to Ask a Business Attorney

When you hire a lawyer, you want to be hiring a seasoned professional who has spent years studying and practicing law. Their time isn’t cheap, so you should try to make your meetings with them as productive as possible by having poignant questions on hand.

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:

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.

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 business on all legal matters.

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 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.

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.

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.

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.

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.

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.

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.

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...

What is start a business 101?

Start-a-Business 101 will help you start any size of business from a one person home-based business to a larger business. And it will work for any type of business including all service businesses, product businesses and Internet businesses.

Who is Bob Adams?

Bob Adams is a Harvard MBA serial entrepreneur. He has started over a dozen businesses including one that he launched with $1500 and sold for $40 million. He has written 17 books and created 52 online courses for entrepreneurs. Bob also founded BusinessTown, the go-to learning platform for starting and running a business.

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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 …
See more on briggslawcorp.com