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 questions to ask a business lawyer before starting a business?
You should also ask the attorney specific questions that are important to your legal needs to determine if they have the necessary background knowledge. For example, if you are setting up a new company, you may want to ask the attorney to describe the difference between an S corporation and an LLC or how much the annual franchise tax is for a corporation in California.
What questions should I Ask my Lawyer when meeting with him?
In addition to business-specific questions, you’ll also need to ask your lawyer questions relating to how he or she bills, their experience level, and so on. Questions along this path could include: How much do you charge, and how do I pay for your services? How much experience do you have regarding my type of business?
What should I look for when hiring a small business lawyer?
key events of your dispute, including a "who, what, where, when and why" narrative, and. current status of your dispute. Finally, you should include a one-sentence description of what you would like to see happen. This will tell your lawyer exactly what you are hoping for from him or her.
What should I bring to my first meeting with a lawyer?
which helps with the flow of the meeting. The questions you ask will depend on the nature of what you are discussing, of course. Some examples: 1. How’s business looking at the moment? 2. How do you see the market prospects over the coming months? 3. How are you gearing up to deal with the market? 4. How are your competitors responding to the market situation? 5.
How do I prepare for my first meeting with a lawyer?
Tips For Meeting With Your Lawyer For the First TimeDress To Impress. ... Be Ready To Give Your Attorney Important Information About Yourself. ... Gather Your Evidence And Have It Ready For Your First Meeting. ... Get Your Facts Straight. ... Plan Something You Can Look Forward To For After Your Meeting.
What are some good questions to ask an attorney?
In Order to Move Forward With Any Lawyer, First Ask These Ten QuestionsHow Long Have You Practiced Law? ... What Types of Cases Do You Manage? ... Who's Your Typical Client? ... How Many Similar Cases Have You Taken On? ... What Kind of Special Training or Knowledge You Have Outside Your Law Degree? ... What Are Your Fees and Costs?More items...
What questions should I ask a free consultation lawyer?
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 should you expect when meeting the lawyer for the first time?
To prepare for this first meeting, you should do your homework and collect all the relevant documents you think you many need to present your case such as medical records, witness statements, police reports or receipts. Next, you should write down a summary of any memory you had from the incident.Sep 4, 2019
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
What are some questions an attorney might ask a new client?
What Questions do Lawyers Ask Their Clients?What is your case about? A lawyer will want to know every single detail of your case. ... What do you hope to accomplish? ... How do you want us to communicate? ... Why did you choose me? ... Are you comfortable with my rates?Nov 28, 2019
What do you say when hiring an attorney?
Below are ten questions to ask your potential lawyer.How long have you practiced law? ... What type of cases do you generally handle? ... Who is your typical client? ... How many cases have you represented that were similar to mine?More items...•Apr 13, 2018
Why would a good lawyer not tell a client how their case will come out at the initial consultation?
Why would a good lawyer not tell a client how their case will come out at the initial consultation? ... A good lawyer will not guarantee the outcome of any case. Someone who guarantees the outcome of a case at the outset is either mistaken or a liar.
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 is an initial consultation?
An Initial consultation is a 90 minute consultation for a new client who would like to meet with a psychologist to discuss current issues and/or concerns and talk about strategies and goals for therapy and/or a treatment plan.
What is a meeting with a lawyer called?
All attorneys meet with prospective clients in what is called an initial consultation. This is a first meeting between you and the lawyer to help you both decide whether you want to work together in an attorney-client relationship.
Should I consult an attorney?
If you continue to have issues and, even after many communication attempts, the problems persist, you should call an attorney. ... To avoid problems in the future, you may want to consider calling an attorney to look over any contracts for work before signing them.
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 are the consequences of failing to take legal action?
Failure to take such actions can result in: Fines. Penalties. Legal liability. Business closure. By consulting with a seasoned attorney, you can establish that you’re currently operating within the boundaries of the law.
Can ignorance save you in court?
In all likelihood, there are employment laws on the books that you’ve never heard of. Ignorance won’t save you in a court of law. By asking questions such as these, you can ensure that you are compliant with safety regulations, anti-discrimination, or employment and termination laws.
How long does it take an attorney to set up a corporation?
For example, an attorney might say that it typically takes them three to five hours to set up a corporation.
What is a fiduciary advisor?
The attorney should be a member of a trusted group of fiduciary advisors who provide your company with quality advice for a fair price. This team of trusted fiduciaries will vary from business to business, but will often include a business attorney, a CPA, a financial planner, a personal banker, and other individuals who will not only provide you with sound advice, but also genuinely care about the success of your business.
Why is it important to have an immigration lawyer?
Immigration laws are also important to comply with, especially if you have employees who are not citizens . An experienced lawyer can help put you on the right track by educating you on the laws associated with your business. This is definitely one of the very important questions to ask a lawyer when starting a business.
What type of business has only one owner?
The main types of business structures include a sole proprietorship, which has only one owner, a general partnership, which has two or more owners, or one of the types of entities that allow you to limit the liability that the company itself is responsible for.
Why is contract important?
Contracts are important to businesses of all sizes and types, and checking them out with the right lawyer can make all the difference when it comes to the success of your business. This is definitely one of the very important questions to ask a lawyer when starting a business. 4.
What is an LLC bylaw?
LLC operating agreements and corporate bylaws are crucial. They provide guidelines that make operating your business more efficient and legit. The documents explain all about shareholder meetings, LLC ownership changes, how shares of stock are issued, and how all major decisions will be made.
Do business lawyers charge an annual fee?
A good business lawyer is truly invaluable, and most will allow you to pay an annual fee so that you can contact them anytime you need them. You can ask them questions about employees, paperwork and documentation, risk-management issues, personnel issues, and even concerns about your board members.
Can a lawyer write a summary of events?
Some lawyers even allow you to write a summary of events for a legal case or round up some documents yourself. This saves you some money that you can then use on other things. This is one of the great questions to ask a lawyer when starting a business. 12.
Do lawyers save money?
The fact is, most lawyers try to help you save on the fees you’re paying them. Ask your lawyer specifically if there are ways to save money on the legal services he or she provides. If the lawyer is adamantly against offering this option, it could be a red flag.
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.
Is it risky to start a business?
But starting a business can be a very risky venture. The more you plan and strategize before you start your business, the more likely you will be able to succeed. Here are the 5 top questions to ask a business lawyer before starting a business. Before you start your business, make sure yourself you ask the following….
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 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.
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 is the best way to avoid costly issues down the road?
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.
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.
Can a business attorney help you make sure your name of choice is available?
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 paperwork.
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 to know before meeting with a lawyer?
Before you get too far into a meeting or conversation, the lawyer will want to know about any possible conflicts of interest that might prevent him or her from ethically representing you.
What do lawyers want to see?
In addition to learning about you and hearing your narrative, your lawyer will also want to see documents and evidence, both for informational purposes and to help assess the strength of your case. Obviously, the nature of the evidence will vary dramatically from one type of case to another. As you prepare to meet with your lawyer, try ...
Why is it important to prepare for a first consultation?
In short, preparation for your first consultation meeting is critical. Strong preparation will save time and money. It will also ensure that all of your questions are answered, and that your attorney has all the information needed in order to effectively represent you.
What are the goals of a lawyer?
Typical goals might include: review and provide comments on a contract or legal document. draft a will.
What documents are used to dispute a contract?
contracts (such as employment agreements , leases, promissory notes, and the like) financial documents (for example, if you'll be drafting a will or starting a company) correspondence (letters, emails, or text messages between you and the other party or otherwise relevant to your dispute)
How to respond to a legal complaint?
respond to a legal complaint, lawsuit, or threatening letter. research whether you have a meritorious legal claim against another person or entity. draft a legal complaint or demand letter to another person or entity, or. negotiate a lease, contract, or other agreement.
What to include in a dispute narrative?
Some important details to include in that narrative include: names of the key players in your dispute. date the dispute or problem began. type of the dispute (harassment, contract, divorce) key events of your dispute, including a "who, what, where, when and why" narrative, and. current status of your dispute.
What Do They Charge?
- Let’s get the big question out of the way first. As a small business owner, you’re very cost-conscious. In fact, you probably don’t have a lot of extra money lying around for an attorney so the price becomes important. Talk to your attorney to see if you can negotiate a fixed fee for your needs rather than an hourly rate. Of course, if you’re sued or have a complicated legal matter, a f…
Do They Require A retainer?
- Many attorneys require that you put some money down upfront as a retainer. If they do, ask if the retainer is refundable if you don’t use all of it. Ask about all the terms and conditions related to the retainer.
What Type of Clients Do They Usually Work with?
- What type of clients does the law firm the attorney is with usually represent? Do they regularly work with smaller businesses, or does most of their clientele consist of large corporations? The focus of their practice is likely to be reflected in their fees. RELATED: How to Build a Relationship with a Business Lawyer (Before You Need One)
Can You Vet Them For free?
- Finding a business attorney is a big decision so spending a brief amount of time getting to know them seems like a wise move. However, some attorneys will charge their normal hourly rate if you want to talk to them in an interview capacity. Small business attorney Mathew Odgerssays, “From the attorney’s perspective there are a lot of people who come in and try and get free information …
What Are Their Specialties?
- You can find general practitioners but look for a business attorney for business matters. Attorney Andrew Legrand says, “If an attorney is practicing in multiple areas (for instance, business law, family law, and criminal law), there’s no way they know all the ins and outs.” Some attorneys are well versed in tax law and can help in these capacities but the more complex the case, the more …
Who Will Work on Your Case?
- Especially in the case of smaller, more routine matters, sometimes staffers will work on the case rather than the attorney you spoke to. Make sure to ask about that upfront and if another attorney or somebody on staff will work on the case, ask about their experience and credentials.
Will They Go to Trial?
- If you have a case that is a dispute of some sort, you may need a trial attorney. Some attorneys resist going to trial. They will try and settle the case at all costs. Ask about their trial experience before hiring them to help with a dispute. If you have to go to trial, you want somebody who is comfortable arguing a case.
Are They Local?
- Basic legal matters probably won’t require many meetings but if you’re looking to establish an ongoing relationship with an attorney, you want them to be within a short drive unless the case is so specialized that you need a certain type of professional. Remember that as a business owner, your time is valuable. You don’t want to spend a large portion of your day driving to meet your att…
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. Things you may want to ask can be divided into general questions and business-related questions:
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 with? Are they comparabl…
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…
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 …
Structuring Your Business
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…
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…
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…
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.
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…
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…
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 …
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.
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.
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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