questions to ask lawyer when starting a business

by Roger Kautzer 9 min read

Here are some essential questions to ask your lawyer:

  • Should I trademark my company name or logo?
  • Do I need a patent, copyright, or intellectual property protection?
  • Can you create standard contracts for negotiating with other businesses and vendors?
  • How do I form a sole proprietorship, partnership, or corporation?
  • What’s the process for sharing equity when seeking private investors?

Full Answer

What questions should I ask a potential lawyer?

Feb 12, 2013 · Here are 10 key questions to help you find an attorney who is just the right fit for your business: How much experience do you have with my industry? Such issues as intellectual property, franchise...

Should you ask questions when hiring a lawyer?

Do you need a lawyer to start a business?

What should I ask a small business attorney at my first meeting?

image

What questions should I ask a startup lawyer?

7 questions to ask your startup lawyerDo You Work With Companies Comparable to Mine? ... How Do You Bill? ... Will I Be Comfortable Working With You? ... What Is Your Focus? ... What Is Your Past Experience? ... Are You the Best in the City? ... What Is Your Age and Experience With Technology?Aug 3, 2013

Should you consult a lawyer when starting a business?

Always ask your business attorney to assess your risks and identify ways to alleviate them. Getting business advice and legal help from a small business lawyer is a smart way to start a business off on the right foot. But don't lose touch with your lawyer once your business is up and running.Nov 9, 2020

What are good questions to ask when starting a business?

9 Questions Smart Entrepreneurs Answer Before Starting a BusinessWho are My Primary Competitors in the Industry? ... How Is the Market Responding to This Industry? ... How Is My Solution Different From My Competitors? ... Who Is My Ideal Customer? ... How Will I Market My Business? ... Will My Business Have a Soft or Hard Launch?More items...•May 27, 2019

How much does it cost to hire a lawyer for a startup?

What's the typical hourly cost? The lawyers most start-ups will deal with are likely in the $350-$800 an hour range, but this varies from firm to firm, obviously. Most big firms bill in increments of six minutes (i.e., 0.1 of an hour), but some charge in 0.25 hour increments. The range for hourly rates is huge.

How do you interview a business lawyer?

Here are some questions to consider before hiring an attorney.1.) What do they charge? ... 2.) Do they require a retainer? ... 3.) What type of clients do they usually work with? ... 4.) Can you vet them for free? ... 5.) What are their specialties? ... 6.) Who will work on your case? ... 7.) Will they go to trial? ... 8.) Are they local?Aug 11, 2021

Is LegalZoom legit?

LegalZoom doesn't just offer LLC services, it's a full-service legal platform designed to help individuals, families and businesses with all sorts of legal needs. LegalZoom is one of the most trusted online legal services due in part to its longevity—it's one of the oldest legal help platforms online.Oct 28, 2021

What are the three big strategic questions?

He taught that the three most important strategic questions each company must answer are:What is our business? (Mission)What will our business be? (The changing environment that we are certain about)What should our business be? (Vision)Apr 11, 2017

What are the 4 basic business questions?

The 4 Questions You Need to Ask When Starting a BusinessWhy are you deciding to start the business? This is the most important question to answer before you do anything else. ... What capital do you have access to? ... What do you know how to do? ... If this failed, would you regret it?Dec 10, 2015

What are four things you must do before starting a business?

10 Things You Must Do Before Starting a BusinessWrite a business plan. ... Choose a legal structure. ... Get your business registration, licenses, and tax identification. ... Know your competition and marketplace. ... Finance your business. ... Identify and secure a location. ... Get proper insurance. ... Obtain legal counsel.More items...

What makes a good startup lawyer?

A firm with a strong VC practice has deep relationships with investors that can be helpful to startup founders as they fundraise, and your lawyer should be willing to introduce your company to investors when the time is right. Investors may include individuals (angels), VC firms, and corporate/strategic partners.

How can lawyers help startups?

Legal help for Startups in their business formation and to cover statutory legal compliances results in laying a solid base and hassle-free operations which provides entrepreneurs/ founders/ promoters to focus on the more vital needs such as hiring, funding and finance and other processes to enable growth.

Is LegalShield a good deal?

If you want the security of knowing that you can quickly get a response from a lawyer if you ever need it, LegalShield is a good choice. For a reasonable monthly fee, you can access a lawyer at a leading law firm and get targeted help on specific problem areas for small businesses, such as debt collection.Sep 17, 2020

What are the legal ramifications of starting a business?

There are several legal ramifications of starting a business. It can lead to issues related to liability, copyright, employee rights and everything in between. So one of the first steps you should take as you work to get your business off the ground is speak with an experienced business attorney.

What happens if a business has an outside investor?

If your business has any outside investors, it could impact the type of corporate entity you’re able to establish for your business. Specifically, you need to be sure that the structure provides a corporate shield for your investors as well as yourself.

Who is Ben De Leon?

Ben De Leon is the President of De Leon Washburn & Ward, P.C., where he has served as general counsel to some of the fastest growing companies in Texas. As an experienced business lawyer, he recently spoke with Small Business Trends about some of the most important legal issues that new entrepreneurs should discuss when getting started.

What is a corporate shield?

Only by establishing a corporate entity and following the necessary corporate laws and regulations do small business owners enjoy what’s commonly known as a “corporate shield” that protects their personal assets and ensures only their business assets are at play.”.

Do you need a lawyer for a business?

Once your business starts working with vendors, suppliers, clients, or any other third parties, you’ll need written agreements in place to ensure that all parties involved know what to expect. A lawyer can help you draft specifics or at least walk you through the creation of some templates that you can use in common situations.

Do LLCs pay taxes?

Like corporations, they offer legal liability protection for the individual owners but, unlike corporations, are treated similar to sole proprietorships when tax time comes around (LLCs never pay taxes—the owners do).

Is it bad to take money out of a company's account?

It’s tempting to simply take your payment out of the company’s funds and call it good. It’s also financially dangerous to do so. A business should be run as a business, not a personal checking account. To avoid legal snags and tax questions you should always pay yourself with a check written from your business’s account.

Is it fun to start your own business?

Starting your own business can be fun and exciting. By turning your passion into your occupation you never have to “work” another day in your life! However, it can also be a scary time. You have to balance the risks with the reward and many new business owners don’t really understand the legal ramifications of launching their own start-up.

image

Structuring Your Business

Protecting Your Personal Assets

Choosing A Name

  • Another part of getting your business officially up and running is choosing a name. Each state has its own processes for officially selecting a name. And you also need to be sure that you’re not infringing on any existing copyrights or trademarks with your name choice. So a business attorney can help you make sure your name of choice is available and walk you through the necessary pa…
See more on smallbiztrends.com

Protecting Investors

  • If your business has any outside investors, it could impact the type of corporate entity you’re able to establish for your business. Specifically, you need to be sure that the structure provides a corporate shield for your investors as well as yourself.
See more on smallbiztrends.com

Establishing Ownership Responsibilities

  • If your business has multiple partners or owners, you also need to have clear agreements about what is expected of each person and what the responsibilities are in terms of purchasing property or equipment. It’s best to have contracts or signed agreements in place when you’re just getting started so that all parties involved understand what is expected of them and what they ar…
See more on smallbiztrends.com

Creating Internal Bylaws

  • Then you also need to create some bylaws for your company as a whole. These should outline all of the rules that owners and management should follow over the course of running the business. De Leon says, “Owners must understand that establishing a corporate entity and securing an EIN number is but the first step; internal governing documents (e.g., Company Agreements/Bylaws/A…
See more on smallbiztrends.com

Adhering to Compliance Practices

  • The federal government and each individual state have requirements for record keeping, safety practices and a number of other business related processes. So your business needs to know exactly what is required in order to comply with all of those rules and regulations. Your lawyer can walk you through some of those issues and make sure you know exactly what records must be …
See more on smallbiztrends.com

Making Sure You’Re Covered with Insurance

  • Insurance can help you avoid costly issues down the road. Speak to your legal representative to discuss what types of coverage you might need or at least benefit from, including coverage for workplace injuries, data breaches, or non-injury claims made by employees or customers.
See more on smallbiztrends.com

Creating Vendor Contracts

  • Once your business starts working with vendors, suppliers, clients, or any other third parties, you’ll need written agreements in place to ensure that all parties involved know what to expect. A lawyer can help you draft specifics or at least walk you through the creation of some templates that you can use in common situations.
See more on smallbiztrends.com

Navigating Tax Issues

  • Your legal representation probably isn’t going to do your taxes for you or manage your books. But there are some tax ramifications of choosing different corporate entities or making some of the other decisions listed above. So it is important that you also have a good CPA in your corner, and your lawyer might be able to refer you to one so they can work in tandem on some of those impo…
See more on smallbiztrends.com