why hire an attorney for business formation

by Kyle Altenwerth I 4 min read

5 Reasons To Hire An Attorney Before Starting A Business

  • Choosing A Business Structure. Firstly, attorneys assist entrepreneurs in choosing the right business structure for...
  • Bylaws And Operating Agreement Necessities. You should also hire an attorney before starting a business because they can...
  • Contract Negotiations. Your attorney will provide advice on negotiating...

Get Ahead of the Game
More importantly, hiring an attorney now will save you time, effort, and money. Don't wait until you are sued or become party to a lawsuit in order to get legal advice. Many entrepreneurs procrastinate hiring an attorney until they are served with legal papers.

Full Answer

Do you need a lawyer to start a business?

Oct 08, 2013 · While you might think a simple handshake or a document you’ve created yourself will suffice, it’s best to have your partnership agreement crafted or at least reviewed by a business lawyer to ensure you don’t miss any loopholes or create a situation where your business is hanging in the balance.

Do I need an attorney to start a sole proprietorship?

Mar 25, 2020 · They actually help the business founders choose a particular entity that will serve their best interests. Once the best entity is chosen, the business lawyers help the to-be owners in paperwork filing to start the business formally. Employment Rules & Regulations. Once a business starts functioning, it might need employees.

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

Dec 06, 2019 · When You Might Need an Attorney for Business Startup The most common reasons for needing an attorney are: Navigating the many forms and requirements of legal documents, like incorporation documents, that are involved.

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

Aug 13, 2021 · It costs between $50-$500 on average to register your business. There is no legal requirement to hire an attorney to form an LLC. Most states allow LLC formation by registering the business entity on your secretary of state's website and with the Internal Revenue Service (IRS). LLCs provide advantages over sole proprietorships and general ...

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Why do we need to hire a lawyer for business?

It is vital to hire a business lawyer to protect you and your employees. Your lawyer can help you draft employee manuals addressing different expectations and rules for employees to follow. They can help you with conflicts, especially with toxic past employees, and keep records of anyone who has worked for you.Jul 20, 2021

What does a lawyer do for a startup?

A Startup Lawyer Will Help Raise Funds Finding external investors carries its own range of regulatory problems, such as personal investment, seed investors, crowdfunding, bonds, venture capitalists, and other financial choices.Apr 8, 2021

What are multiple reasons you need a lawyer for at a startup How would you go about selecting this resource?

For this and other important reasons, you most likely will need a lawyer for your startup.Autonomy.Variety of Entities. ... Capital. ... Strict Conformity. ... Multi-State Business. ... Business Form. ... Registering, Licensing, and Permits. ... Contracts. Most businesses execute contracts for space, services, and supplies. ... More items...•Nov 27, 2018

Why do companies need an attorney?

Here are 6 undeniable reasons why your company needs an attorney today: 1. Gain a key business advisor without supporting the weight of a new employee. A business attorney isn’t just there to represent you in court.

What can a corporate lawyer teach?

A strong corporate lawyer can teach. Your attorney is able to educate you and your staff regarding various legalities and illegalities throughout the course of your day-to-day business. Your entire operation becomes more efficient and compliant as a result.

How can an attorney help you?

5. Use your attorney’s connections to spread the word about your business.

Is ignorance a defense?

Ignorance is not a defense. Unfortunately, many individuals are convicted of crimes they didn’t know they were committing at the time, especially white collar infractions. But with a business attorney at your side, you can ensure your company complies with all applicable laws and avoids costly litigation.

Why should I hire an attorney?

You should also hire an attorney before starting a business because they can help you determine your bylaws and operating agreement necessities. These documents explain crucial information and processes for a company. You need to include components regarding shareholder meetings, decision-making processes, and the proper way to issue shares of stock. If your state demands LLC operating agreements and you choose to form an LLC, you need to include information on how you will handle ownership changes as well. According to A.E.I. Law, “an attorney can determine what type of fictitious entity is necessary, if any, as well as what licenses and permits you need and what laws and regulations you must comply with on a local, state, and federal level.” Your attorney can ensure that you fill out these documents appropriately.

What do attorneys do for entrepreneurs?

However, you may not be aware of the factors that should go into making your decision. If you hire an attorney, they will go over the liability, tax, and ownership specifics for each option. Many entrepreneurs discover new information and change their minds on which business structure they prefer. Then, they launch businesses successfully and start profiting quickly.

Draft Contracts

Gone are the days when business partnerships are sealed with a firm handshake. Today, you need to create and sign a business contract to seal the deal. This is also applicable to the professional relationship you’ll make with your suppliers and employees.

Handle Employee Issues

Your business can’t fully operate without employees. Regardless of the target audience and the nature of your business, you’ll need several employees to help you out. The bigger your company gets, the more employees you’ll have to hire to work with you.

Protect Against Lawsuits

One of the biggest mistakes business owners make is only hiring a lawyer when they’re already in the middle of business litigation. Being asked to be present in court and prepare the necessary pieces of evidence can be nerve-wracking, which is why business owners would invest in a lawyer to help them settle all of these things.

Assist With Business Structural Decisions

It’s common for business owners to invest in partnerships or merge with other businesses if they notice that theirs is growing. Any of these professional relationships can help your business earn more profit and gain more customers. While it can be very tempting to handle all these things on your own, it’s best if you won’t.

Choose Carefully

Countless business lawyers are operating in different parts of the world today. When hiring, make sure that you check their credentials and determine if their professional experience suits your needs. You should also pay attention to the quality of their customer service and the affordability of their services.

What do small businesses need?

When small businesses are starting up what they need most is capital and human resources. Partnerships can bring both of these valuable resources into the fold, but how do you go about doing so? Partnerships—whether you go to a lawyer for help or not—are legally binding relationships that define each party’s responsibilities and shape the very core of the business you’re building from the foundation up. While you might think a simple handshake or a document you’ve created yourself will suffice, it’s best to have your partnership agreement crafted or at least reviewed by a business lawyer to ensure you don’t miss any loopholes or create a situation where your business is hanging in the balance.

Can a business owner be sued?

No business owner wants to be the victim of a lawsuit, but chances are that if you’re in operation for any length of time you’ll have to deal with at least one. From wrongful termination suits filed by former employees to product liability lawsuits filed by customers, you need to defend yourself. While many small business owners opt to settle out of court (to avoid bad publicity or just to “simplify” the process), often going to court and fighting for your rights can have a better outcome. However, you’ll need a lawyer on your side—it’s never advisable to enter a courtroom without one.

What is a business name?

Your business name is essentially the distillation of your business. It affects everything from your branding right on through to your signage and packaging. You want to do your research and ensure that your business name isn’t already in operation somewhere else—or you can have an attorney do the research for you—to avoid facing a cease and desist order.

Is legal advice expensive?

While the common conception is that legal advice is costly, it doesn’t have to be. Upcounsel.com provides you and your business access to legal experts across the country for a fraction of the cost of hiring a local law firm. This service connects you with experts that can charge lower rates because they don’t have the financial overhead of big (or even little) firms and they don’t have any quotas of numbers obligations to their bosses. But that doesn’t mean you miss out on any of the expertise. In essence, you’re getting the same service for less from the convenience of your own home or office. And you don’t have to pay outrageous retainers just to speak with an individual either. So don’t let the imaginary cost of hiring a legal expert keep you from getting the help you need.

Why do I need an attorney?

The most common reasons for needing an attorney are: 1 Navigating the many forms and requirements of legal documents, like incorporation documents, that are involved. 2 Assurance the startup is being done right. 3 Enabling you to focus on other aspects of the business so you don't have to spend time learning the legal processes. 4 Support with specific tasks like trademarking your name, reviewing lease documents, discussing potential legal structures, and preparing incorporation forms. 5 Online legal form providers don't always do it right. Businesses aren't one-size-fits-all, so blanket legal documents don't always work.

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 ...

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.

You may not need to hire a lawyer as soon as you think when starting a business

Once you have a great idea for your start-up business, do you need to hire a lawyer to help you get started? Not necessarily. A lot of the initial steps related to choosing and forming your business entity you can do on your own.

Deciding on Your Business Structure

You will need to decide what type of ownership structure makes sense for your new business. Most states have information on their secretary of state (SOS) website about the different types of business entities you can choose from—solo proprietor, LLC, corporation, and partnership.

Checking for Name Availability

Choosing a name for your business is another initial step you will need to take. While there are some legal requirements related to naming your business, this can usually be done quite easily without the help of a lawyer.

Forming Your Business Entity

Once you have decided on the business structure and a name of your new business, you are ready to form your business entity. If you've decided on a sole proprietorship or partnership, you won't need to file any forms or pay any fees (although partners should enter into a partnership agreement).

Operating the Business

Once the formation tasks are done, you can focus your energy on getting your business up and running, figuring out the best way to sell your services or products, and creating the online presence you want.

How to start an LLC?

If you do not need LLC formation services, but need help with your new business, you may want to consider: 1 Employment law attorneys to create employment contracts and HR policies 2 Intellectual property lawyers to review your products or services to make sure they are protected 3 Tax lawyers to review your income tax and tax returns to ensure you are not leaving money on the table 4 Business lawyers if you need to change your business structure to a single-member LLC, S corporation, or another type of business, or need help with another business-related legal matter 5 General counsel to review compliance with state laws, state agencies, state fees, or annual fees 6 Real estate attorneys to register your business offices or production space

What is a business lawyer?

Business lawyers if you need to change your business structure to a single-member LLC, S corporation, or another type of business, or need help with another business-related legal matter. General counsel to review compliance with state laws, state agencies, state fees, or annual fees.

How much does it cost to register an LLC?

Your LLC will give you tax benefits and protect your personal assets if anything happens to your company. It costs between $50-$500 on average to register your business. You do not need an attorney to form an LLC.

Can an LLC be sued?

Once you register, you can buy or rent a building and have company bank accounts. Unfortunately, your company can also be sued.

Do I need an attorney to register my business?

However, by law, you do not need an attorney to register your own business. Other documents and legal services can be handled with a DIY approach or trusted to an attorney to save you time and prevent mistakes along the way.

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Choosinga Business Structure

  • Firstly, attorneys assist entrepreneurs in choosing the right business structure for their company. You may be familiar with options such as LLC, corporation, and partnership. However, you may not be aware of the factors that should go into making your decision. If you hire an attorney, they will go over the liability, tax, and ownership specifics for each option. Many entrepreneurs disc…
See more on entrepreneurshiplife.com

Bylawsand Operating Agreement Necessities

  • You should also hire an attorney before starting a business because they can help you determine your bylaws and operating agreement necessities. These documents explain crucial information and processes for a company. You need to include components regarding shareholder meetings, decision-making processes, and the proper way to issue shares of stock. If your state demands …
See more on entrepreneurshiplife.com

Contractnegotiations

  • Your attorney will provide advice onnegotiating contracts as well. At the beginning of your startup process,recognize who you will be targeting with your products and/or services. If youplan to sell products to consumers, you will need to find a supplier. If youare going to provide consumers with services, you may need to purchaseequipment. In both circumstances, you will need to draft an…
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Expeditepatent Filing

  • Moreover, you can hire an attorney toexpedite a patent filing. Entrepreneurs usually file for patents to protecttheir intellectual property during their startup process. If you choose not toget a patent, you put your unique business idea at risk and could lead yourstartup towards steep competition. Risks also increase if the patent processtakes too long to complete. Fortunately, lawyers have th…
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Lawsuitprevention Advice

  • Finally, hire an attorney before starting a business to gain lawsuit prevention advice. When entrepreneurs startup businesses without obtaining such advice, they put themselves at risk of being sued. An attorney can show you the best ways to handle sensitive situations. If you go about hiring your first employees the wrong way, you could break the law and end up with fees. …
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Deciding on Your Business Structure

  • You will need to decide what type of ownership structure makes sense for your new business. Most states have information on their secretary of state (SOS) website about the different types of business entities you can choose from—solo proprietor, LLC, corporation, and partnership. There are also many online and other resources available to help you understand your choices. F…
See more on nolo.com

Checking For Name Availability

  • Choosing a name for your business is another initial step you will need to take. While there are some legal requirements related to naming your business, this can usually be done quite easily without the help of a lawyer. The first thing you will need to do is check whether the name you want is available in the state where you plan to form and operate your business. Most states hav…
See more on nolo.com

Forming Your Business Entity

  • Once you have decided on the business structure and a name of your new business, you are ready to form your business entity. If you've decided on a sole proprietorship or partnership, you won't need to file any forms or pay any fees (although partners should enter into a partnership agreement). If you have decided you want to form an LLC or corporation, you'll need to file organ…
See more on nolo.com

Operating The Business

  • Once the formation tasks are done, you can focus your energy on getting your business up and running, figuring out the best way to sell your services or products, and creating the online presence you want. Depending on what your business does, you may need to create contracts or different types of agreements for the services or products your business offers. You'll also need …
See more on nolo.com