how can a lawyer help a small business

by Ms. Flossie Jast I 9 min read

How Lawyers Help Small Businesses

  • Business Formation. Some of the most important matters are handled at the beginning of the business. For example, a...
  • Corporate Governance. Even if businesses use a lawyer to help incorporate the business, they may fail to maintain this...
  • Intellectual Property. Before a business really launches, it must take steps to protect its...

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How can a corporate lawyer help your small business?

How Lawyers Help Small Businesses Business Formation. Some of the most important matters are handled at the beginning of the business. For example, a... Corporate Governance. Even if businesses use a lawyer to help incorporate the business, they may fail to maintain this... Intellectual Property. ...

What kind of lawyer specializes in small businesses?

Apr 12, 2022 · Benefits of hiring a business lawyer 1. You Need to Have Agreements and Contracts with Your Business Partners Source: investopedia.com Normally, all business... 2. You are Trying to Expand your Business Entering the business industry is not an easy task, as much knowledge you are... 3. You Need to ...

When do you need a law firm for your business?

From business’s name, logos to blueprints, creations, and softwares, small business attorney can help in protecting the intellectual property of the company. This includes items that will need to be copyrighted or patented. This is extremely useful as it ensures that any information which is critical for your business does not remain vulnerable.

What are the different types of lawyers for businesses?

7 online legal services that help small businesses Online legal advice. In general, U.S. legal support offered by a reputable online service is a safe and effective way to... Online legal support services. Numerous online legal services are available for small businesses. Each has its …

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What happens when a partner leaves a company?

When a partner or major shareholder decides to suddenly exit, it can potentially threaten the ability of the business to continue operating. Closely held corporations need to have buy-sell agreements or buy-back agreements to ensure that partners or major shareholders can sell their interest without legal entanglements or placing an undue financial burden on the company.

What are the intangible assets of a business?

Many intangible assets of a business should be legally protected. A company's name, logo, brand name, and distinctive goods and services are entitled to copyright protection. Proprietary computer software, semiconductor chip mask designs, vessel hull designs, and many other creations may be eligible for trademark registration. Patents are often thought to cover only machines and other manufactured products, but can also protect processes, such as a method for refining petroleum, or new compositions of matter, such as chemical compounds or mixtures. Trademark, copyright, and patent registrations can help a business protect the things that give it a competitive advantage in the marketplace.

Do business ventures involve legal maneuvers?

As you have just learned, business ventures involve quite a few legal maneuvers and know-how. While entrepreneurs must wear several hats in order to achieve some level of success, sometimes it's best to leave the more complicated matters to the experts. Visit FindLaw's Business and Commercial Lawyer Directory for a qualified attorney near you or learn more about state-specific laws on our closely held business legal answers page.

1. Choosing a business structure

Deciding your business entity is a big decision. How your business is structured impacts your business liability and tax obligations. The type of structure you choose also depends on how many owners the company will have.

2. Drafting contracts

There are a variety of contracts you might need to use in your small business, such as a confidentiality agreement or service agreement.

3. Obtaining intellectual property

You might also want to hire a lawyer to protect your business. Setting up patents, trademarks, and copyrights can ensure others don’t steal your business ideas.

5. Reducing damages

If your business is sued, you will need a small business attorney to help you mitigate damages. And, a lawyer might be able to settle a lawsuit without going to court. Lawyers can review the lawsuit with you and suggest the best course or courses of action.

6. Ending a business

A small business lawyer is also necessary if you want or need to end your business. Lawyers can help you execute your exit strategy for small business.

Is Incorporation Right for You?

It’s the dream of most entrepreneurs to grow their small businesses into multi-billion corporations.

Develop Sound Business Governance Policies

Poor corporate governance is one of the main reasons new business fail before they even celebrate their fifth birthday.

Protect Intellectual Property

To build a successful business in a fiercely competitive marketplace, you need to offer a unique product or service.

How to Find the Right Corporate Lawyers for Your Small Business

There is no doubt corporate lawyers are crucial to the success of a small business.

Conclusion

Running a small business can be an easy or difficult task. It all depends on the people you bring on board to help you out.

Why is it important to hire a lawyer?

However, if your business is subject to a lawsuit, you’ll be relieved that you hired a lawyer. When evaluating lawyers, you should ask a lot ...

What is a general business lawyer?

1. General Business Lawyer. As the name suggests, a general business lawyer can provide legal advice on a wide range of matters. This type of lawyer has a hand in every legal discipline. If your business doesn’t deal with special circumstances, a general business lawyer may be well suited to your purposes.

What kind of law do lawyers specialize in?

People sometimes wonder what types of lawyers are available to them. Lawyers often specialize in either business law or personal law. For this reason, you should search for lawyers who have business law experience.

Is M&A a complicated process?

M&A is a complicated process, and trying to do this without an M&A lawyer is not a wise decision. The documentation process is another complicated aspect of M&A deals. It’s likely for small business owners to overlook the needed documents. M&A lawyers know about the documents and filings.

What is an employment lawyer?

Employment and Labor Lawyer. Using an employment and labor lawyer only makes sense when your business has employees. If it does, your business should comply with state and federal laws. An attorney in this area of the law can help you draft employee manuals and ensure safety standards are in place.

Can you use templates for a business contract?

Many business owners use templates found on the internet for their contracts. These may work, but could cause your business legal problems, as templates won’t cover the specifics for your business.

What happens when you buy and sell a business?

When you buy and sell businesses, you’ll negotiate for the property and assets of those businesses. It may not always be clear what you’re entitled to during these negotiations. It pays to have a mergers and acquisitions (M&A) lawyer representing your interests in the transactions.

What insurance do small businesses need?

Most small businesses, though, need at least some of the following: General liability: If a client sustains a personal injury or property damage caused by your business, general liability will cover it. This insurance also covers defamation, copyright infringement, and other advertising injuries. A business owner’s policy bundles general liability ...

What is legal zoom?

LegalZoom. LegalZoom is one of the biggest and best-known online legal services. Rather than requiring a monthly fee for access to legal forms, it uses a pay-as-you-go model, in which you pay a flat fee for LegalZoom to create the document, plus the relevant filing fees. The service’s library of available legal forms is immense ...

What is legal shield?

LegalShield is a scalable option that can grow with your business. Your monthly membership includes unlimited attorney consultations on issues related to your company and a certain number (depending on membership level) of calls, letters, and document reviews on your behalf.

How does Incfile work?

Incfile is an excellent way for small businesses to file startup paperwork and other documents at a fraction of the cost of using a lawyer in person. Incfile focuses solely on small businesses, and its staff members have at least six years of experience with forming new businesses. You pay a flat fee for each service, such as incorporation or submitting an annual report, which includes your state’s filing fees. There are no monthly retainers or other ongoing expenses. Incfile also offers registered agent services for a flat annual fee, and the first year of service is included with your startup package. Incfile does not provide the option to speak directly with an attorney, but it can be a valuable resource for entrepreneurs who are confident in the business structure they want.

Is Rocket Lawyer a good lawyer?

Rocket Lawyer is a great choice for businesses that expect ongoing legal needs. While individual forms and legal consultations are available on an as-needed basis, by far the best value is a monthly membership, which includes unlimited document access and unlimited 30-minute attorney consultations on different issues. Your first new business incorporation documents are also included. If you need in-person legal help, you will receive a significant discount for an attorney in your area.

Is it important to have a local attorney?

While access to a local attorney is extremely important, it is not enough on its own. Small business insurance is key to protecting your company against lawsuits. Exactly which coverage types you choose will depend on your industry, whether you have employees, and how much risk you are willing to assume, among other factors. Most small businesses, though, need at least some of the following:

What is Upcounsel?

UpCounsel is an online marketplace that matches clients with carefully vetted local attorneys. Whether you need a single document filed or ongoing legal counsel, you just fill out a short form explaining your needs. You will receive bids from an average of three attorneys who are experienced in the relevant area of the law. Bids come at a flat fee or an hourly rate, depending on the type of project, but without the overhead of maintaining a brick-and-mortar law office, they are generally lower than in-person rates. UpCounsel offers a variety of tools to manage your relationship with your online lawyer and ensure privacy and transparency.

How much does a business lawyer charge per hour?

The average hourly rate for a business lawyer can range anywhere from $100 per hour in a small town to more than $1,000 per hour for a senior partner at a big city law firm. Given these rates, it’s no wonder many small business owners want to know if it’s possible to get free legal advice for their business.

What to do if your business is sued?

If your business has been sued and you need to defend yourself in court, consider looking for a firm that will work for you on a contingency fee basis. Not only does a contingency fee structure work in your favor, but it also incentivizes the attorney to work harder on your case so that they can get paid.

Can a lawyer use a contingency fee?

Choose a lawyer who uses a contingency fee structure . It may surprise you to know that many lawyers these days are open to creative billing arrangements to get more small business clients. Instead of an hourly rate, business lawyers can use a contingency fee structure or alternative arrangements.

Is it okay to skimp on money?

There are some areas of your business where it’s okay to skimp on dollars. For example, it’s easy to pull back your budget on a marketing approach that isn’t working or take on more responsibilities yourself in exchange for spending fewer dollars on hiring. However, legal is one area where it’s important to hire someone who’s qualified to give you sound professional judgment. Cutting corners and trying to do things yourself when you need a lawyer to represent you could lead to fines and even lawsuits.

What is contingency fee?

Contingency Fees. A contingency fee structure means you’re obligated to pay the lawyer only if you win your case. The lawyer’s fee then comes out of the money that’s awarded to you. While this isn’t “free” legal advice, this payment model does give you a risk-free way to obtain legal representation.

How to get free legal advice?

That being said, here are five ways to find free legal advice: 1. Attend free legal workshops and pro bono clinics. Most state bar associations, which are responsible for licensing attorneys in the state and regulating their work, have requirements for free or pro bono hours that lawyers have to complete each year.

Do attorneys offer free initial consultations?

Many attorneys offer free initial consultations to satisfy their state bar’s requirements on pro bono hours. This consultation is an opportunity for you to ask initial questions and to discover if the lawyer is a good fit for you and your business.

What is a good business attorney?

A good business attorney will provide vital assistance in almost every aspect of your business, from basic zoning compliance and copyright and trademark advice to formal business incorporation and lawsuits and liability. First, some general rules about dealing with lawyers:

How to bill a lawyer?

For many entrepreneurs, the idea of consulting a lawyer conjures up frightening visions of skyrocketing legal bills. While there's no denying that lawyers are expensive, the good news is there are more ways than ever to keep a lid on costs. Start by learning about the various ways lawyers bill their time: 1 Hourly or per diem rate. Most attorneys bill by the hour. If travel is involved, they may bill by the day. 2 Flat fee. Some attorneys suggest a flat fee for certain routine matters, such as reviewing a contract or closing a loan. 3 Monthly retainer. If you anticipate a lot of routine questions, one option is a monthly fee that entitles you to all the routine legal advice you need. 4 Contingent fee. For lawsuits or other complex matters, lawyers often work on a contingency basis. This means that if they succeed, they receive a percentage of the proceeds--usually between 25 percent and 40 percent. If they fail, they receive only out-of-pocket expenses. 5 Value billing. Some law firms bill at a higher rate on business matters if the attorneys obtain a favorable result, such as negotiating a contract that saves the client thousands of dollars. Try to avoid lawyers who use this method, which is also sometimes called "partial contingency."

Why do I need an accountant?

The reasons for hiring an accountant are pretty obvious--you need someone to help you set up your "chart of accounts," review your numbers periodically, and prepare all of your necessary federal, state and local tax returns. The reason for hiring a business attorney may not, however, be so apparent. A good business attorney will provide vital ...

What skills do you need to be a lawyer?

You will need 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 that other people will want you to sign. 2.

Is a lawyer a solo practitioner?

Over the past 20 years, lawyers have become incredibly specialized. If you use a solo practitioner or small firm as your lawyer (s), it's likely that they will not have all the skills you may need to grow your business .

Is a lawyer a good fit for a business?

Like doctors, lawyers are becoming increasingly specialized. Someone who does mostly wills, house closings and other "non-business" matters is probably not a good fit for your business. At the very least, you will need the following sets of skills. The more skills reside in the same human being, the better!

Do lawyers know everything?

No lawyer can possibly know everything about every area of law. If your business has specialized legal needs (a graphic designer, for example, may need someone who is familiar with copyright laws), your attorney should either be familiar with that special area or have a working relationship with someone who is.

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Corporate Governance

  • While most corporations will use an attorney to help with the process of incorporation, new businesses sometimes neglect the on-going legal requirements to maintain their corporation status. Annual shareholder, director, and partner meetings need to be held, and recording of minutes and the election of officers must conform with state requirements....
See more on findlaw.com

Intellectual Property

  • Many intangible assets of a business should be legally protected. A company's name, logo, brand name, and distinctive goods and services are entitled to copyright protection. Proprietary computer software, semiconductor chip mask designs, vessel hull designs, and many other creations may be eligible for trademark registration. Patents are often thought to cover only mac…
See more on findlaw.com

Employment Agreements

  • Many companies, especially technology companies, count the knowledge of their employees as some of their most important assets. Yet they fail to protect those assets through non-disclosure and non-compete agreementswith their employees. Inevitably, some employees will leave the company, and it's important to protect your business against their taking their knowledge of trad…
See more on findlaw.com

Exit Strategies

  • Entrepreneurs sometimes are so focused on starting a new business that they don't consider what happens if one of the principals leaves the business. When a partner or major shareholder decides to suddenly exit, it can potentially threaten the ability of the business to continue operating. Closely held corporations need to have buy-sell agreements or buy-back agreements t…
See more on findlaw.com

Find The Right Business Attorney Near You

  • As you have just learned, business ventures involve quite a few legal maneuvers and know-how. While entrepreneurs must wear several hats in order to achieve some level of success, sometimes it's best to leave the more complicated matters to the experts. Visit FindLaw's Business and Commercial Lawyer Directory for a qualified attorney near you or learn more about state-specifi…
See more on findlaw.com