what questions to ask an attorney when starting a business

by Tressie Medhurst 6 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 questions should I Ask my Lawyer when meeting with him?

Oct 01, 2018 · Here are the most important questions to ask an attorney when you’re first starting a business. How Can a Business Lawyer Help My Business? A business lawyer covers a wide variety of tasks for a business, advising them on their …

Do you need a lawyer to start a small business?

Jul 30, 2021 · Finally, one last question to ask before you get your business is “Have I missed anything?” Your attorney will be able to point you in the right direction if there is anything you still need to take care of.

How do I find the right attorney for my business?

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?

What should I look for when hiring an attorney?

After you ask yourself these questions, I highly recommend you check out our guide presenting how to start your own business in 5 steps. The human mind likes simple binary choices such as that, an evolution of the basic “ fight or flight ” syndrome man faced centuries ago.

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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 are good questions to ask when starting a business?

17 Questions You Should Ask Yourself Before Starting A BusinessWhy do I want to start a business? ... Can this business idea make me money now and in the future? ... Who is my target audience for my business? ... Who are my competitors? ... What is your USP? ... How will I market my business? ... How will I price my products?More items...•Jul 29, 2020

Should I see a lawyer before starting a business?

Not necessarily. A lot of the initial steps related to choosing and forming your business entity you can do on your own. However, once you get to later stages with your business—for example when you start hiring employees or entering into more complicated agreements—you may need the assistance of a lawyer.

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...

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 four things you must do before starting a business?

10 Things You Must Do Before Starting a BusinessWrite a business plan. ... Choose a legal structure. ... Get your business registration, licenses, and tax identification. ... Know your competition and marketplace. ... Finance your business. ... Identify and secure a location. ... Get proper insurance. ... Obtain legal counsel.More items...

How do start my own business?

Find a business idea.Write a business plan.Choose a business structure.Get a federal tax ID.Open a business bank account.Get financing to fund your business.Get a business credit card.Build a website.More items...

What are some of the more important criteria to consider when selecting an attorney for a new firm?

7 Factors to Consider When Choosing a Business AttorneyAchievements and Credentials. ... Determine Which Type of Attorney You Need. ... Look for an Attorney that Specializes in Your Niche. ... Choose an Appropriately Sized Firm. ... Additional Social Perks and Skills. ... Fee Structure and Billing. ... Friendliness and Support Quality.Apr 6, 2019

Why do small businesses need lawyers?

Ensure compliance: A lawyer can help make sure that your business opens and operates by federal, state and local laws. Reduce risk: Doing business exposes you to risk, but a business attorney can help you establish a set of procedures that will limit your risk.Apr 4, 2019

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

How do you interview a corporate lawyer?

Corporate Lawyer Interview Questions:How would you describe a complex legal procedure to a client? ... What information do you evaluate before the company enters a business partnership with new vendors? ... How do you manage confidential information? ... What are the legal risks of a merger?More items...

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.

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.

Why do I need a small business attorney?

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.

What do I need to know before opening a business?

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.

What do I need to start a small business?

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.

How to find a business attorney

Start with your network. Ask friends and contacts who have a small business for referrals. In fact, ask anyone who has a lawyer of any kind because lawyers in other practice areas know one another. If you get a “No, that’s not my area,” ask if they can refer you to someone else.

Six questions to ask an attorney before starting your business

Every business faces risks from competitors, employees, contractors, suppliers, and business partners. Some of these are easy to anticipate. A restaurant needs to make sure it doesn’t make people sick for, example. The first step in avoiding a lawsuit is to understand potential vulnerabilities and avoiding or limiting them.

Is my business name OK and how can I retain it?

Your name is your identity, and while naming your business may not be as consequential as naming your children, it will be consequential in how people perceive your business. However, there are different restrictions on naming depending on your state and the company type.

Better safe than sorry

You may think you can handle much of this yourself, and you may be right. Still, it’s a good idea to have an attorney to make sure you haven’t overlooked anything and for any legal issues you may run into. Be sure to ask about fee structure, but don’t let that be your only criterion.

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.

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 permits do I need for a business?

Depending on the nature of the business, you may need the following permits, licenses, or regulations: Permits need for regulated businesses (aviation, agriculture, alcohol, etc.) Sales tax license or permit . Home-based business permits. City and county business permits or licenses. Zoning permit.

Who is Richard Richards?

Richard is the author of several books on startups and entrepreneurship as well as the co-author of Poker for Dummies and a Wall Street Journal -bestselling book on small business.

Can an S corporation be converted to a C corporation?

And an S corporation can easily be converted later into a C corporation. LLCs are popular but can get overly complicated.

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.

Should I start a business or have limits?

So as you can see, deciding whether you should start a business can be complex and require some exploration and thought. While having limits is a good way to make your experience less stressful, you should also choose an easy business to start. Especially if it is your first time starting a business.

Can I start a business with a small budget?

Your initial investment will have an impact on which businesses you can start. But it doesn’t mean that you can’t start a business on a small budget. Check out these startup business ideas you can start with $2,000. Starting any business involves risks.

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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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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

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Business-Related Questions

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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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