When do you need a business lawyer? Although the answer varies depending on your business and circumstances, it's generally a good idea to seek legal advice before making any actions that could have legal consequences.
Some
businesses wait until something goes wrong before consulting with an attorney,
but this isn't the best strategy in today's litigious environment.
"Almost
every business, regardless of size, requires legal guidance," says
Sheppard, Mullin, Richter & Hampton's James Blythe Hodge. "Even the
tiniest company has tax difficulties that must be addressed early in the
planning stages."
Many
business owners compare their connection with a lawyer to that of a marriage:
it takes time to grow. That's why it's critical to start laying the groundwork
for a successful relationship as soon as possible.
How do you
pick the proper lawyer? Request references from other business owners in your
field or from specialists you trust, such as bankers and accountants. Ask for
the specific qualities and limitations of the attorneys they recommend, not
simply their names.
Then take it
a step further: inquire about the attorneys of your business associates and why
they suggest them.
Next,
schedule a meeting with the top five attorneys on your list. Tell them you want
to develop a long-term connection with them, and see which ones are ready to
meet with you for a free initial session.
Prepare to
outline your company and its legal requirements during this initial meeting.
Pay attention to what the lawyer says and does, and search for the following
characteristics:
Experience: Although finding an expert in your
sector isn't required, it makes sense to search for someone who specialises in
small-business issues rather than, example, maritime law. "Find someone
who is familiar with the various business formats and their tax
implications," Hodge advises.
Understanding: Make sure the attorney is interested
in learning about your company's objectives. Sure, you're a startup right now,
but does your lawyer understand where you want to be in the future and share
your vision?
Ability to communicate: You should search for someone else if
the lawyer speaks in legalese and doesn't attempt to explain the phrases he or
she employs.
Availability: Will the lawyer be available for meetings at your convenience
rather than his or hers? How quickly can you expect to receive a response to an
emergency phone call?
Rapport: Is this someone with whom you can get
along? A positive chemistry will promote a better partnership and more positive
business outcomes.
References: If you need references, don't be
scared to ask for them. Inquire about the types of businesses or cases with
which the attorney has previously worked. Compile a list of clients or other
attorneys with whom you may speak about competency, service, and prices.
Reasonable fees: Depending on the location, size, and
prestige of the business, as well as the lawyer's reputation and experience,
attorneys charge anywhere from $50 to $1,000 or more per hour. Before making a
decision, shop around and acquire quotations from a few different companies.
However, you
should avoid comparing attorneys solely on the basis of fees. Because a novice
attorney may take twice as long to complete a project as an experienced one,
the lowest hourly prices may not imply the best value in legal labour.
While
there's no doubting that lawyers are costly, the good news is that businesses
are now more options than ever to keep costs under control.
Begin by
learning about the various time billing methods used by lawyers. The majority
of lawyers charge by the hour. For certain routine procedures, such as
evaluating a contract or completing a loan, some attorneys recommend charging a
flat fee.
If you
believe one technique will work better for you than another, don't be afraid to
tell your attorney; many will work with you to find a solution that meets your
needs.
Make a
written estimate of the expense of each matter from your attorney so you can
evaluate whether it's worthwhile to pursue. Find out what time increments the
company uses to generate a bill. Request itemized bills on a monthly basis. See
if you may get a discount for paying on time.
Have the
necessary documents with you and know exactly what you want to discuss before
you meet with or call your lawyer.
Meet with
your attorney on a frequent basis. At first look, this may not appear to be a
cost-cutting strategy, but you'll be surprised at how much it cuts down on the
interminable phone tag that plagues busy entrepreneurs and lawyers. More
importantly, a monthly five- or ten-minute meeting (even over the phone) can
save you a lot of time by catching minor legal issues early on before they
become major issues.
How can you
determine if your lawyer is working hard for you? The quickest indicator is the
number of legal issues you're facing. Lawyers should be on the lookout for
legal issues. A good lawyer foresees issues and anticipates them.
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