why does my business need a attorney

by Prof. Jerry Murazik 8 min read

An attorney is a necessary element to protect your business’s short and long-term interests, — and can save you time and money. Think of a business attorney as a cost of doing business, rather than as an expense related to repairing problems.

A Business Attorney can guide you on the applicable regulations, codes, and laws related to hiring employees or independent contractors. The right legal advice will prevent you from possible claims for discrimination, misclassification of employees, or braking state and federal laws.Sep 15, 2020

Full Answer

Do I need a lawyer to start a business?

The most common reasons for needing an attorney are: Navigating the many forms and requirements of legal documents, like incorporation documents, that are involved. Assurance the startup is being done right.

Why do I need an attorney to start an LLC?

The most common reasons for needing an attorney are: Navigating the many forms and requirements of legal documents, like incorporation documents, that are involved.

Do I need an attorney to start a home-based business?

It doesn't require that you register your business with your state, so no, you probably don't need an attorney to start this type of business. No specific paperwork is required other than local business licenses, and even that can depend on the exact nature of your business and your area's unique requirements.

How do you manage the legal process when starting a business?

Navigating the many forms and requirements of legal documents, like incorporation documents, that are involved. Assurance the startup is being done right. Enabling you to focus on other aspects of the business so you don't have to spend time learning the legal processes.

image

Why might a business owner want to have a lawyer during the startup process?

A good lawyer for a business startup helps you ensure all financial procedures align with all contract agreements with other clients. The lawyer also ensures you use the correct payment procedures to suit your business's operations.

Why should small business owners utilize attorneys?

An attorney is a necessary element to protect your business's short and long-term interests, — and can save you time and money. Think of a business attorney as a cost of doing business, rather than as an expense related to repairing problems.

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

They can guide entrepreneurs through the process of sales or acquisitions, help draft letters of intent, draft contracts, verify trademarks, and review contracts and agreements with buyers and sellers. Small business lawyers can also help you settle litigations.

Why do companies need attorneys?

A lawyer can ensure that your contracts and legal agreements are airtight. Many business owners don't grasp the importance of solid contracts until it is too late. As a result, their agreements are vague or incomplete, and their clients, contractors, and associates may be able to take advantage.

What is a company lawyer called?

A business lawyer—also called a corporate attorney, corporate lawyer or commercial lawyer—is a legal professional who focuses on issues that affect businesses, including taxation, business transactions and intellectual properties.

What types of business lawyers are there?

6 Types Of Lawyers For BusinessesGeneral Business Lawyer. As the name suggests, a general business lawyer can provide legal advice on a wide range of matters. ... Employment and Labor Lawyer. ... M&A (Mergers and Acquisitions) Lawyer. ... Tax Lawyer. ... Intellectual Property Lawyer. ... Contract Lawyer.

What's the difference between attorney and lawyer?

Attorney vs Lawyer: Comparing Definitions Lawyers are people who have gone to law school and often may have taken and passed the bar exam. Attorney has French origins, and stems from a word meaning to act on the behalf of others. The term attorney is an abbreviated form of the formal title 'attorney at law'.

What is the highest paid lawyer?

Highest paid lawyers: salary by practice areaTax attorney (tax law): $122,000.Corporate lawyer: $115,000.Employment lawyer: $87,000.Real Estate attorney: $86,000.Divorce attorney: $84,000.Immigration attorney: $84,000.Estate attorney: $83,000.Public Defender: $63,000.More items...•

What does a tax lawyer do?

A tax lawyer's role is to advise both individuals and businesses regarding complex tax legislation and apply it to their circumstances. Tax lawyers render advisory and dispute management services to a range of clients.

How do you approach a lawyer?

Tips for Talking to an AttorneyAlways be as honest and candid as possible about the facts of your case. ... Ask questions if you don't understand something that your attorney mentions or explains to you.Approach an attorney about your case as soon as you think you may need one.More items...•

What is the outlook for a lawyer?

4% (2019)6% (2014)Lawyer/Projected 10-year growth

How do I hire a lawyer?

Take time to search for the right lawyer.Ask family, friends, or co-workers for recommendations.Check with your state and local bar associations.Consult lawyer referral services offered by a union or community group you belong to.

Does the Balance provide tax advice?

BizFilings and LegalZoom offer most documents, which might serve you well if your business is not particularly unique. The Balance does not provide tax, investment, or financial services and advice.

Can I register my business online?

You might be able to register online with your state or use an online service to register your business, but it might be a good idea to use an attorney if your business is at all complicated. Corporations or S corporations must register with the state as well.

Do I need an attorney to start a business?

The simpler your business, the less you'll need an attorney. A sole proprietorship is the simplest business form. It doesn' t require that you register your business with your state, so no, you probably don't need an attorney ...

What are the most important things to do in business?

10. Contracts. Most businesses execute contracts for space, services, and supplies. Businesses often have agreements between partners, investors, and employees. It is important to get it right so you don't end up in court. 9. Registering, Licensing, and Permits.

What are the laws that fill in the gaps for business entities?

Most states have adopted "Uniform Laws" that fill in the gaps for business entities where their charters, by-laws, and other organizing documents are silent. You may be subject to a whole set of laws and regulations that you don't even know exist. 2. Tax.

What is the business form?

Business Form. The choice of business form (i.e. sole proprietorship, partnership, LLC, or corporation) often dictates the legal responsibilities and potential liability of those involved in leading the business, as well as the manner in which it may operate .

What are the options within a business entity?

3. Autonomy. With many business entities, the things you don't decide are decided for you.

What are the advantages and disadvantages of different business forms?

Different business forms provide different tax advantages and disadvantages. The only thing more crucial to a new business is liability. 1. Liability. Different business forms provide different protections and risks to the business owner/investor. Personal liability means that your business puts everything you own at risk.

Do I need a lawyer for my startup?

In most cases, you're going to need the services of a lawyer for your startup, perhaps for tax services or employment law compliance. Whatever the reason, make sure you contact the right attorney for your needs.

Can I start a business by myself?

Some people opt to start the business by themselves or with family members, while others have partners or other investors who will not be involved with the day-to-day affairs of the business. The laws that apply to start-up businesses differ based on the specifics of the situation, and even business people who decide to go it alone have options ...

Why do businesses need an attorney?

An attorney is a necessary element to protect your business’s short and long-term interests, and can save you time and money. Think of a business attorney as a cost of doing business, rather than as an expense related to repairing problems. About the Author.

How can an attorney help a business?

An attorney can pinpoint typical problem clauses in contracts related to assignment, termination, and dispute resolution.

What is an attorney's problem clause?

An attorney can pinpoint typical problem clauses in contracts related to assignment, termination, and dispute resolution. More specifically, if your contract does not have an anti-assignment provision, the other party may be able to assign the contract to a third-party with whom you do not want to do business.

What is a business attorney?

A business attorney is a resource that business owners should have in their portfolio of business advisors for consultation on a variety of issues. If you’re a small business owner, you may need a business attorney at certain times more than others; however, you should always have an attorney at your fingertips.

Why is it important to involve an attorney before a lawsuit?

While there are costs associated with involving an attorney before a lawsuit occurs, those costs can be minor compared to the cost of litigation. Involving your attorney at an early stage can help you avoid situations that increase your business’s liability exposure, and save you money in the long term.

Can a business terminate a contract without consulting an attorney?

Maybe the contract does not allow the business to terminate the contract without giving the other party the chance to cure the breach of the contract.

Can an attorney change a contract?

Similarly, your attorney can change the contract to require that the parties mediate disputes before running to the courthouse, which may save your business money if a dispute arises. These are simply things that your attorney can do before a contract is signed that may save you money down the road.

1. Your Business Needs to Be Prepared in Advance

One of the realities of starting a business is that you need to be prepared well in advance. There are any number of unexpected events that could happen in the short as well as long term. Even before your doors open, you could get into a dispute with a partner or distributor. This could be an issue that requires mediation by a lawyer.

2. You Need a Business Attorney for Corporate Contracts

Another area that will require the presence of a lawyer will be the contracts that you create. This is an area where every last detail needs to be checked out and signed off by a lawyer. You want to be sure that all of your arrangements are legal. You also want to make certain that you and all other parties to the deal are in full agreement.

3. A Business Attorney Can Keep You Out of Court

One of the most important things that a lawyer can do on your behalf will be to keep you out of court. The last thing that a business owner wants to do is waste a huge amount of time, effort, and money on a court case. All the time that you spend in court can be better employed elsewhere. A lawyer can help you avoid this outcome.

image