If you’re being sued, the prime time to hire an attorney has already passed. While many small businesses forego hiring a lawyer until the summons for court arrives at the door, the best time to procure one is before you’re in trouble. A good lawyer can offer guidance not just in liability, but also on almost every aspect of business, from zoning compliance to business incorporation to trademark advice. In other words, consider legal fees a part of the cost of doing business. So how do you go about finding one? Here are some tips from the Small Business Administration and entrepreneur.com.
1 Start with who you know. Ask friends, neighbors, colleagues and other lawyers to recommend someone trustworthy with the right expertise. The local chamber of commerce, bar association or professional associations might have leads as to those who specialize in your particular industry.
2 Hit the Web. A few reliable rating systems for lawyers do exist. Try martindale.com, which offers peer ratings of lawyers on a scale of A, B and C.
3 Pick a size. Law firms range in size from one to hundreds of attorneys on staff. Generally, the larger the law firm, the higher the hourly rates you will be expected to pay. That said, larger firms do offer the benefit of one-stop expertise, not to mention clout in the community.
4 The consultation. Once you find a few good leads, ask for consultations. During these meetings, ask the lawyers a lot of questions: How many similar matters have you handled and what were the results? Do you have other clients in my industry? Which lawyer in the firm will be handling my affairs? How will I be kept informed on important matters? How can I reach someone after normal business hours?
5 Talk money. Understand precisely how you will be charged, whether it be by the hour, a one-time flat fee or by contingency. Clarify specific services you will be charged for (copying documents, courier services, court filings, research), what expenses might be required, minimum billing increments and other issues.
1 Naming your business. This isn’t as simple as just picking a name and running with it, but it’s basic enough that you can do the research and complete the paperwork yourself.
2 Structuring your business. Forming a basic LLC or entering into a partnership agreement can be done without legal assistance, although you may want to consult an attorney about the ramifications. Visit the Louisiana Secretary of State’s office to secure the necessary paperwork.
3 Filing and registering paperwork. Most of the steps involved in starting a business can be handled without the help of a lawyer. This includes applying for permits and licenses, registering your business for tax purposes and applying for an employer identification number, or EIN.
4 Creating contracts and nondisclosure agreements. Basic customer contracts, partner or vendor agreements, and nondisclosure agreements can be done without legal assistance, but depending on your business, you may want to consult an attorney.
1 Forming a corporation. While an LLC or business partnership can be formed on your own, creating a corporation with shareholders and a board is a much more complex process. Articles of incorporation can be filed without lawyers, but the administrative side of managing the complex tax and legal requirements often requires the services of a corporate attorney.
2 Contracts. Find a lawyer who can understand your business quickly; prepare the standard form contracts you will need with customers, clients and suppliers; and help you respond to contracts you are asked to sign.
3 Intellectual property and patents. If you are in a creative industry, a lawyer can help you register your products for federal trademark and copyright protection. Patents are expensive and time consuming, and can take years to be approved. Consult a patent attorney to help you evaluate your product to determine whether securing one will give you a major market advantage and to explain what rights you will achieve.
4 Litigation. Lawsuits by current or former employees or customers. Discrimination or harassment lawsuits. Environmental litigation. Government investigations for legal violations. You’ll definitely require expert representation in these situations.
5 Buying or selling a business. Lawyers can help with negotiating sales and lease agreements, and more.
