what to ask small business attorney

by Prof. Tyrique Waelchi MD 9 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?

You may have other important aspects of your business that you want your attorney to have experience working with, such as service contracts or franchise agreements. Ask prospective lawyers if they have a client in the same or similar industry as yours. Also, ask if you can talk to these clients to get a referral for the lawyer.

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

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?

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

Aug 08, 2017 · Nevertheless, there are several questions you can ask an attorney that are designed to reveal how this individual thinks about legal issues and how they approach business relationships. Knowing this information will enable you to weed out the attorneys who don’t fit your specifications and hone in on one who does. Post a Job

How do I find the right attorney for my business?

Contact a proven small business lawyer to set up a consultation. Fletcher Fischer Pollack P.L. offers knowledgeable counsel to small business clients throughout Florida and the U.S. Virgin Islands. Please call 813-402-8559 or contact us online for an appointment.

image

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 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 can a business lawyer do for your business?

Business lawyers are lawyers who specialise in all legal matters that are business related, including contracts, commercial leases, business structure advice, buying and selling a business, and more. A business lawyer will help you with any legal matters your business faces.Nov 26, 2016

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 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 questions should you ask when buying a business?

Below are 10 questions you should ask yourself before buying a business.Why Do You Want to Buy This Business? ... How Will You Make Sure You Are Successful? ... How Much Capital Do I have Access to? ... How Much Is the Business Worth? ... Ask to Speak With the Current Owner. ... Ask to See the Business' Current Financial Statements.More items...•Aug 27, 2015

What questions should I ask a corporate 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 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

What is the process of hiring a lawyer?

You should be comfortable with your advocate and interview them before hiring them helps you determine that. You should ask about the fees and payment procedure, ask who will do the work, ask about his/her qualifications, etc. and accordingly make your decision.Jun 2, 2018

How do I hire an attorney?

It's important to find a lawyer who has relevant experience with the legal area that you need. Take time to search for the right lawyer. Ask family, friends, or co-workers for recommendations. Check with your state and local bar associations.

Why does a business need a solicitor?

Having a qualified business solicitor advise you on what documents you will need, and how to best draft your employment contracts will ensure that the business is legally airtight. This, in turn, makes your business more valuable upon sale of the business.Dec 20, 2019

How do you prepare for an attorney meeting?

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 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

What Kind of Experience Do You Have with My Industry?

While lawyers may have experience with working with other commercial clients, you may have aspects of your business that are unique to your own industry. For example, intellectual property may play an important role in your business, and you will want someone with experience in that arena.

Would There Be a Conflict of Interest?

Determine quickly whether there would be a potential conflict of interest before delving too deeply into the conversation. Look for if the lawyer represents competitors, former business partners or former employees. A conflict may arise in these types of situations that may be best to avoid.

What Is Your Communication Style?

Different lawyers handle client communications in a different manner. For example, some prefer to give clients undivided attention and schedule an office meeting if the client wants to talk.

How Do You Handle Conflicts?

Some lawyers spend a good deal of time litigating issues, while others may prefer mediation to help resolve disputes. Assess your own needs and that of your business. Litigious lawyers may be more difficult to get to conform if your desire is to settle a particular case.

Who Will Handle My Work?

It is common for attorneys to delegate work to paralegals or legal clerks. However, be sure that you are getting what you are paying for. Someone who delegates an extensive amount of legal work to someone else may be consuming additional time to explain it to the delegate.

How Do You Bill?

Make sure that you have a clear understanding of how your lawyer bills before retaining his or her services. Some attorneys do not charge for an initial consultation while others do.

What Associations Do You Participate In?

While this may not seem like an important question, the answer can help reveal whether the attorney is knowledgeable on the latest business matters. For example, he or she may be part of an advisory board for small businesses or a member of the local bar association.

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.

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 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 you want to hire an attorney who will challenge you?

While you don’t want to hire an attorney who will challenge your every move, you also definitely don’t want one who is so afraid of getting fired that they’re reluctant to question you when they have a legitimate concern.

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.

Do businesspeople have to resign themselves to pick the first attorney on their resume?

The good news is that businesspeople definitely don’t have to resign themselves to picking the first attorney whose resume crosses their desk.

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.

Skilled Florida attorneys understand the challenges of a small business no matter where it is located

Small businesses face a wide range of legal challenges that demand knowledgeable counsel from an experienced lawyer. The attorneys at Fletcher Fischer Pollack P.L. handle key matters in Florida and the Virgin Islands on behalf of small and mid-sized firms.

Effective lawyers take on the key issues small businesses face

Our accomplished attorneys are committed to giving our small business clients the highest levels of representation and service in matters pertaining to:

Attorneys advise on transferring a business among family members

Many small business owners believe that when they choose to step away from the operation, nothing is simpler or more natural than passing ownership to a family member. Though there might not be intense negotiation about sale terms, shifting control and assets can have consequences that should be well understood before a move is made.

Thoughtful advocates offer sound counsel on expanding a business

If you’re looking to expand the reach of your small business by opening a new location, entering a franchising agreement or developing a partnership with an already existing firm, we offer strategic insight regarding the primary considerations affecting your decision.

image

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 …
See more on zenbusiness.com

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.
See more on zenbusiness.com

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)
See more on zenbusiness.com

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 …
See more on zenbusiness.com

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 …
See more on zenbusiness.com

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.
See more on zenbusiness.com

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.
See more on zenbusiness.com

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…
See more on zenbusiness.com