what to ask a new business attorney

by Mr. Gage Mraz 8 min read

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?

Mar 15, 2020 · 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 ever) they bill a client for 0.1 hour. 4.

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

Oct 01, 2018 · This is why it’s vital to talk to a business attorney about what kinds of contracts your business needs. You should also ask a business attorney to help write your contracts. They can help you with one-off contracts and help you draft standard contracts that you’ll use over and over, like employment contracts.

What should I look for when hiring a small business lawyer?

Apr 03, 2011 · Top Questions to Ask Before You Hire A Business Attorney 1. Where do I start to look for a business attorney? The best method for selecting a great business attorney is to... 2. Is the business attorney well qualified to handle your specific legal needs? Once you have a list of attorneys your... 3. ...

How do I find the right attorney for my 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 ...

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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 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

Should I speak to a lawyer before starting a business?

It is not essential to speak to a lawyer before starting a business. However, having professional advice can provide clarity and prevent future issues.Nov 15, 2021

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

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 should lawyers avoid when interviewing a client?

Also, the lawyer-client interview is not the time to try to impress the client with your fanciest lawyer-speak. Avoid using legal jargon and overly technical language.Oct 4, 2021

How do you get advice to start a business?

8 Great Places To Get Free Small Business AdviceSCORE. ... Community College Small Business Centers. ... MeetUp – Startup Planning Sessions. ... BusinessAdvising.org. ... Avoo. ... Small Business Legal Clinics. ... Women's Business Centers. ... Veterans Business Outreach Centers.More items...

Who can help me start my own business?

9 Organizations That Can Help Your Business Right NowSmall Business Administration. ... SCORE. ... Small Business Development Centers. ... Chamber of Commerce. ... Veterans Business Outreach Centers. ... Women's Business Centers. ... Procurement & Technical Assistance Centers. ... United States Export Assistance Centers.More items...•Oct 2, 2013

How much capital does a business need?

According to the U.S. Small Business Administration, most microbusinesses cost around $3,000 to start, while most home-based franchises cost $2,000 to $5,000. While every type of business has its own financing needs, experts have some tips to help you figure out how much cash you'll require.

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 the three most important questions you should ask before starting a business?

3 Questions You Need to Ask Before Starting a Business, According to a Top EntrepreneurHow can we bring to the consumer a unique product/service? ... How can we bring this product/service to the consumer more economically? ... How can we bring this product/service to the marketplace more conveniently?Mar 7, 2018

What are the 4 basic business questions?

The 4 Questions You Need to Ask When Starting a BusinessWhy are you deciding to start the business? This is the most important question to answer before you do anything else. ... What capital do you have access to? ... What do you know how to do? ... If this failed, would you regret it?Dec 10, 2015

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 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 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, ...

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 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.

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.

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.

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.

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.

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 ...

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 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 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.

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.

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.

1. Do You Have Experience Working in My Industry?

Specialist skills and knowledge are required to deal with certain issues, such as service contracts, franchise agreements, and intellectual property. Therefore, it’s necessary the attorneys you are interviewing are familiar with your company’s industry and have worked with similar clients before.

2. Have You Worked With a Startup Before?

A lot of lawyers will have worked with established companies, but startups in the early stages often have very different needs. It’s important your business attorney has experience starting a business, because then they will understand the processes involved from inception to launch.

3. Who Will Be Looking After My Work?

From the outset, it’s crucial you are aware who is going to be looking after your work. After all, you could be wowed by the attorney you interview, but if they are handing your work to a paralegal, you might get a totally different service.

4. What Is Your Fee Structure?

To avoid any nasty surprises when the first bill arrives from your attorney, find out how they bill their customers. Some might not bill you for increments that are less than an hour, while others might work with smaller increments of 10 minutes. Don’t forget to ask about the paralegal and research fees they may have, too.

5. Is This Person Someone You Can Work With?

Although this isn’t a question for the business attorney you are thinking of hiring, it’s an important one to ask yourself. This lawyer may have all the skills you need, but are you going to feel comfortable discussing your business’s intimate details with them?

What Is Your Experience In Law?

This might be the most important question you could ask a lawyer you are meeting for the first time. A lawyer’s experience and history will tell you most of what you need to know about them. You will know what they are good at and how successful they have been at winning previous cases.

What Are Your Rates and Fees?

Another important question you should ask a new lawyer is what their rates and fees are. Lawyers can be very expensive, as some can charge over a hundred dollars an hour for consultation. This means legal fees will take a large chunk out of your finances.

What Do You Think The Outcome Of My Case Will Be?

This is a tricky question since no case is predetermined. However, a lawyer should be able to use their professional judgement to give an accurate prediction of the case. They will tell you whether your case is winnable and what rewards you could receive.

How Do You Approach A Case?

How a lawyer approaches a case is very important when deciding whether or not you should hire them. Different lawyers have different ways of approaching a case, and some may be more effective than others.

What Are Your Means Of Communication?

As discussed before, communication and cooperation between you and your lawyer are very important parts of a successful legal case. This means that you should know all of the potential ways you can get in contact with a lawyer before you make a decision to hire them.

Have You Worked Similar Cases Before?

Finding out whether or not a lawyer has worked a similar case before can be a big help in deciding whether or not to hire them. If a lawyer has worked a similar case before it can be a huge help to your chances of winning. The lawyer will know exactly what methods were effective and which ones were ineffective.

What is Your Philosophy?

Knowing what a lawyer’s philosophy and approach to the law is very important. Different lawyers have different philosophies when it comes to practicing law, and these philosophies may affect your case.

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