what questions to ask a new business attorney

by Karolann Fritsch 9 min read

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

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?

Full Answer

What questions to ask a business lawyer before starting a business?

Feb 12, 2013 · Ask if there are ways to cut down on costs, says Fred Steingold, an Ann Arbor, Mich., attorney and author of Legal Guide for Starting & Running a Small Business (Nolo, 2011). For example, you ...

What questions should I Ask my Lawyer when meeting with him?

You should ask about what kinds of transparency and predictability options exist, when considering whether a business attorney is the right one for you. You should ask about how likely it is that you will get a “surprise bill.”. You should ask them how often (if …

What should I look for when hiring a lawyer?

1. What experience do you have handling projects and companies like mine? It goes without saying that you want to hire... 2. Are there any conflicts of interest that I should be aware of? Attorneys are responsible for divulging any potential...

How do I find the right attorney for my business?

Apr 03, 2011 · You should ask the attorney how they would prioritize the timing of the legal projects they recommend. For example, can you pay to set up your company now, but wait to file for a trademark until you see if your business is actually viable? 5. Is the Business Attorney Not Only Well Qualified, But Also Someone You Would Enjoy Interacting With?

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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 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?

How do you interview a business lawyer?

Here are some questions to consider before hiring an attorney.1.) What do they charge? ... 2.) Do they require a retainer? ... 3.) What type of clients do they usually work with? ... 4.) Can you vet them for free? ... 5.) What are their specialties? ... 6.) Who will work on your case? ... 7.) Will they go to trial? ... 8.) Are they local?Aug 11, 2021

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 questions should you ask when buying a business?

15 Questions To Ask When Buying A BusinessWhy Are They Selling The Business? ... Can I Personally Add To This Business? ... How Has The Company Been Valued In The Past? ... How Is The Business' Financial Health? ... What Assets Are Included In The Sale? ... What Does The Competition Look Like? ... What Is The Future Of This Industry?More items...•Mar 19, 2021

How do you answer a law firm interview question?

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 some legal questions to ask during an interview?

Legal Interview QuestionsWhat education do you have?What experience qualifies you for this job?Do you have licenses and certifications for this job?Are you willing to travel?What name(s) are your work records under?Do you have the legal right to work in the United States?Are you available for overtime?

What are common behavioral interview questions?

What's a Behavioral Interview Question?Give us an example of a goal you failed to meet, and how you handled the situation.Tell us about a time when you solved a problem at your job that wasn't part of your job description.Tell us of a time when you took a risky decision and it didn't pay off.Sep 2, 2021

What are the best interview questions to ask?

The Top 15 Interview Questions to Ask Job CandidatesWhat do you know about our company, and why do you want to work here?What skills and strengths can you bring to this position?Can you tell me about your current job?What could your current company do to be more successful?More items...•Feb 10, 2022

What type of questions do lawyers ask?

Questions you might ask your lawyerDo I have a problem that can be resolved by law?What legal risks am I facing?What documents do I need to support my case?Do I need statements from witnesses?What are my options for resolving the dispute out of court?How can I settle the case?More items...

What questions do judges ask?

First, the judge will ask your name, date of birth, address, and possibly your Social Security Number. Second, you will usually be asked if you were in the military and if you are married, single, or divorced. These are questions that are easy for most people.Jul 9, 2021

What questions should I ask in a first client interview?

Here are nine interview questions you should ask potential clients and why asking them matters:#1: Why did you come in today? ... #2: Have you ever worked with an attorney before? ... #3: Why did you decide to pursue this matter? ... #4: How can I help you? ... #5: Tell me about your case.More items...•Oct 28, 2019

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.

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.

Why is corporate counsel important?

Selecting corporate counsel for your business is an important decision – having the right advisor in your corner, who is not only a legal expert and a qualified attorney, but a true “counselor” as well, can be a critical component in protecting and growing your business. For an entrepreneur, a new business is a little bit like a baby – it can be ...

Can we review a sent message?

You also agree that our review of any such information, even if it is highly confidential and even if it is transmitted in an effort to retain us, will not preclude us from representing another client that is directly adverse to you , even in a matter in which that information could and will be used against you.

Is litigation expensive?

Litigation is expensive. Sometimes a court fight is called-for, but sometimes your only possible victory would be Pyrrhic. If your lawyer’s first response to everything is to fight, rather than to assess the larger picture, you may want to think again. Contact us here for more information.

Can you make a sow's ear out of a silk purse?

They admit the best and the brightest, and they may not teach very well, but you can’t make a sow’s ear out of a silk purse. If they come in the best and the brightest, they’re probably going to leave the best and the brightest.”. Similarly, if you want to increase the odds that your business attorney will be one of the best and the brightest, ...

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.

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.

1. Where do I start to look for a business attorney?

The best method for selecting a great business attorney is to consult other business owners and your trusted advisors.

2. Is the business attorney well qualified to handle your specific legal needs?

Once you have a list of attorneys your biggest concern should be whether they are qualified to handle your legal needs. An attorney who is fresh out of law school may be inexpensive, but it may be worthwhile to pay more for an attorney who has experience with your industry or navigating the nuances of your city and state.

4. Prioritize Your Legal Needs

It is easy to forget that an attorney is a small business owner and may encourage you to buy additional legal services that your business may not immediately need. You should ask the attorney how they would prioritize the timing of the legal projects they recommend.

5. Is the Business Attorney Not Only Well Qualified, But Also Someone You Would Enjoy Interacting With?

It is important to not only find an attorney who is reasonably priced and well qualified, but someone you feel comfortable working with. Is the attorney someone you want to develop an ongoing relationship with over the years as your business grows? Will you enjoy interacting with them or will you dread having to contact them?

6. The Business Attorney Should Be A Member of Your Team of Trusted Fiduciary Advisors

The attorney should be a member of a trusted group of fiduciary advisors who provide your company with quality advice for a fair price.

7. Meet With Several Business Attorneys and Trust Your Instincts

You should meet with several business attorneys. Selecting the right business attorney is extremely important and you should take the time to make the right decision. Most business attorneys provide a free initial consultation. Take that opportunity to meet with several attorneys.

How to feel comfortable with an attorney?

You should feel comfortable from the beginning of your attorney-client relationship that you will be able to have regular communications with your counsel. Make sure that you exchange contact information and agree on the ways that you will stay in touch.

Why is it important to choose the right lawyer?

Choosing the right lawyer is a very important decision—whether you were in a car accident, have a medical malpractice claim, or find yourself the target of a criminal investigation. Referrals from friends or co-workers can be great, but you need to do your homework to make sure you have the right attorney for the job.

What is a conflict in a lawyer?

If the lawyer’s representation of prior or existing clients would limit the attorney’s ability to represent you, there is likely a conflict. For example, if you want to sue a hospital that the potential lawyer regularly represents, there would be a conflict. A conflict might also arise if the attorney you are interviewing has already been hired by ...

What is the importance of having a lawyer?

Getting a lawyer with the right legal background is essential, but it is also important to know whether your attorney has experience with the judges who will likely preside over your case. If yours is a criminal matter, it is important to know if your lawyer knows the local prosecutors. This courtroom experience can greatly enhance your lawyer’s ability to evaluate the likely outcomes in your case and give you advice that you can rely on.

How can a lawyer save you money?

Your lawyer can often save you money by delegating routine tasks to firm employees who charge a lower hourly rate. However, your lawyer should be involved in all key aspects and decisions of your case, or should explain to you why a colleague can handle some important part of the matter just as well.

What is the process of a civil case?

In civil cases, your lawyer might propose mediation , a settlement negotiation process involving a neutral third-party. Other times, arbitration might be an option. Arbitration— using a private service to adjudicate a dispute—is a less formal, less costly, and faster way of getting a decision in some civil matters.

What is contingency fee?

In cases where you are suing for monetary damages, the lawyer may represent you for a “contingency fee.”. This means the attorney gets paid a portion (typically one-third) of the amount you receive after a successful trial or settlement. Make sure you discuss expenses as well as attorney fees.

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.

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 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.”.

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.

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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:
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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…
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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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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 …
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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.
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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)
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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 …
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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 …
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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.
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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.
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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…
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