what can businus attorney help with

by Dr. Kacey Denesik 9 min read

Business attorneys typically assist with matters, such as conflict resolution, corporate law issues, business formation, compliance, intellectual property, mergers and acquisitions, and many other types of legal issues that come up when running a business.Dec 30, 2020

What is the purpose of a business attorney?

A Business Lawyer is an attorney who focuses on providing legal advice to business owners on issues that affect businesses, such as taxation, business transactions, and intellectual property rights. The Business Lawyer may also be known as a Corporate Attorney, Corporate Lawyer, or Commercial Lawyer.

What role does an attorney play in helping to form businesses?

What Role Does An Attorney Play In Forming A Limited Liability Company? Initially an attorney will help determine whether a limited liability company, the appropriate entity for the client, rather than a corporation, limited partnership, sole proprietorship or a general partnership.

What are common scenarios in which businesses engaged in litigation?

Common Types of Business Litigation
  • Intellectual property disputes: Your intellectual property belongs to you and if someone is using it without your permission, you will need to take action. ...
  • Breach of contract cases. ...
  • Employment disputes. ...
  • Partnership disputes or shareholder litigation.

What are business laws?

Business law determines the formal process of establishment of a business organization and regulations related to the selling of corporate entities. It also includes rights assignment, drafting, and work delegations, breach of contract, transactions, contracts, and penalties for violation of the agreement.

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.

What is a Lawyer?

Before we dive deep into business law, let’s answer what might sound like a simple question: what exactly is a lawyer? The truth is there are many, many types of lawyers with different specialties and skills.

What Does a Business Lawyer Do?

To put it simply, Portland business attorneys help business owners solve problems. Perhaps more importantly, business attorneys help business owners understand the problems they’re facing and which problems they might face in the future.

Do Business Lawyers Go to Court?

Yes– but only when we need to. Don’t get us wrong – it’s not that our business attorneys aren’t expert litigators who take great pride in representing our clients in court in Oregon and Washington. But often times there’s a better solution to a dispute and save our clients’ valuable time and money.

How do Business Lawyers Charge for their Services?

At JJH Law (as a small business ourselves) we understand the importance of flexible fee structures that allow growing businesses to manage costs effectively. We offer:

When to Hire a Business Lawyer

You definitely do not need an attorney for every single step of setting up and running your business – any smart business owner is capable of filing simple business or IRS forms – and there are certainly many straightforward and self-explanatory matters that could be handled without spending hundreds of dollars on business attorneys.

Issues You May Need Help With

Here are some issues that business owners might tackle by themselves, but then realize it makes more sense to get professional help:

Issues Which Should be Handled By a Business Lawyer

You are inevitably going to face certain issues that are too complex to handle on your own. At that point, your best move is to retain a business lawyer. Here are some common situations when you might need help with your legal needs:

How to Hire a Business Attorney

When you decide it’s time to hire a small business lawyer for legal advice, it’s best to give yourself plenty of options. Meet a few different attorneys and choose the one who is a right fit for your business and you think you would have a good attorney-client relationship. Take advantage of your local turf and network, network, network.

Fee Structure

Talking money is going to be on top of your list when you meet a prospective small business lawyer. You are working on a tight budget, so attorney fees have to be one of your top concerns.

Conclusion

You don’t need an attorney for every legal issue that comes up in your business, but when you do, it's good to know where and how to find the one who’s right for your business.

How can a small business attorney help you?

He or she can help you choose the right corporate structure, sell your business, and protect your intellectual property.

Is an attorney a good asset for a small business?

If you’re starting up a small business, or currently own one, you might find yourself dealing with things that are more complex than anticipated. Small business owners often forget that an attorney can be a wonderful asset for managing a business, especially when you’re just getting started.

What is the first step to take as a small business owner?

One of the many steps that you must follow as a small business owner is choosing which business entity to establish . You can choose from a partnership, corporation, and limited liability company, among others. The business entity that you choose will have important implication on your business’s tax and liability obligations.

What is a partnership?

Partnership. One of the choices for your business entity is a partnership. If you’re interested in forming a partnership, it’s important to understand that there are two types of partnership: general and limited. To form a partnership (either kind) you need at least two owners. The major difference between a general and limited partnership is ...

What is the difference between LLC and INC?

LLC is an abbreviation for “limited liability corporation” while INC is an abbreviation for “incorporated.”. Similarly, both entities are formed by filing the required paperwork with the California Secretary of State’s Office. Both structures are designed to protect the directors from certain liabilities.

What is a corporation?

Corporations. Corporations are authorized to sell shares of stock to investors. The corporate structure allows stockholders to transfer stocks easily to other owners without a lot of red tape. That’s why this structure is a popular choice for organizations that are going after investment income.

What is an LLC owner called?

The owners of an LLC are called “members, ” and instead of shares, each member owns a designated portion of the company called “interests.”. Interests in an LLC may be more difficult to move than shares in a corporation. An LLC’s operating agreement will generally define the terms that must be followed.

What can a lawyer do for a company?

If you’re starting a company, a lawyer can guide in establishing various corporate governance practices that successful businesses use in their daily operations. Some of these guidelines include taking minutes of meetings, holding elections for various posts in the business and holding annual shareholder and delegate meetings.

What is a good business lawyer?

A good business lawyer will also help in drafting employment agreements that comply with the law while ensuring they are in the best benefit of the business. These may include non-disclosure agreements, employment contracts, and non-compete agreements.

What is the job of a lawyer?

A lawyer’s job will be to set up your business so that it can have a strong legal footing right from the get-go. A good attorney can advise you on what you’d need for you to be legally in business, including matters to do with registration, licensure, constitution, memoranda, and so forth, all depending on the type of business organization you ...

What is a lawyer's job when starting a business?

When starting a business that involves customer information, the lawyer will be able to draft policies that will ensure that customer, user, or client information is protected under the law. He/she will be able to identify which of the customer information needs protection in your business.

Can a lawyer help a business with bankruptcy?

No one starts a business with failure in mind. However, by having a lawyer around, your business will be able to adopt sound exit strategies that will help the business limit its losses. For instance, they could help with filing for bankruptcy, which protects the business owners from further liabilities during its dissolution.

What are the challenges of starting a business?

Starting a business can have many challenges, one of which is defamation cases that are rampant in very competitive fields of the market. To protect your business from such cases, a lawyer will be able to draft policies that protect the business from defamation.

Can a lawyer help a small business?

However, there are many ways that lawyers can help small businesses.

What can a business lawyer do?

A business lawyer may be able to advise small business owners of their responsibilities. Additionally, small business lawyers may assist clients in drafting an incentive plan to help motivate employees.

What happens if a business is sued?

If sued, the business stands to have its corporate veil pierced and exposes corporate officers to personal liability.

Can a business owner enter into a non-disclosure agreement?

However, business owners will want to ensure that their business ideas and trade secrets are protected. Business lawyers can help draft non-disclosure agreements so that businesses can expand without having to worry about having their information stolen.

What is client agreement?

Client Agreements. As the business continues to grow and become more successful, it may take in new clientele. To protect the business, a business lawyer may draft specific agreements between the business and the client. By having the terms written upfront, disagreements and misunderstandings can potentially be avoided.

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.

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....
See more on findlaw.com

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…
See more on findlaw.com

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…
See more on findlaw.com

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…
See more on findlaw.com

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…
See more on findlaw.com