questions to ask your lawyer when starting a business

by Carmela Braun 8 min read

6 Questions to Ask a Lawyer When Starting a Business.

  • 1. Can I Name My Business Whatever I Want? For many people who want to start a business, what to name the business is one of the first decisions they ...
  • 2. What Do I Do If My Desired Business Name Is Available But I’m Not Quite Ready to Move Forward?
  • 3. What Type of Business Entity Should I Select?
  • 4. What Formation Documents Do I Need to Get Started?
  • 5. Are There Any Other Documents I Will Need for My Business?

Full Answer

What are good questions to ask an attorney?

Ask the lawyer A number of questions arise: Can you show the tenant’s demand ... Do you know the expression “no good deed goes unpunished”? Bottom line: Consultation with counsel here also is advisable. Is the tenant’s conduct a breach of the ...

How to evaluate a business attorney?

  • THE FUNDAMENTALS. There are two types of "practice areas" with which you should be familiar - litigation and transactional, Litigation is a lawsuit to resolve a problem or disagreement.
  • THE GENERAL PRACTITIONER. ...
  • LITIGATION SPECIALISTS. ...
  • TRANSACTIONAL SPECIALISTS. ...
  • FULL SERVICE LAW FIRM. ...

What should I ask before hiring an attorney?

  • medical malpractice
  • car accidents
  • animal bites
  • slip and fall
  • products liability
  • defamation, and
  • assault and battery

How do you know the right business questions to ask?

How to Ask the Right Question in the Right Way

  1. Avoid asking rhetorical questions. A rhetorical question is a figure of speech in the form of a question. ...
  2. Ask friendly, clarifying questions. A good question lets you better understand the situation, and this requires not putting people on the defensive.
  3. Don’t set traps. ...
  4. Ask open-ended questions. ...
  5. Be grateful. ...
  6. Avoid stress. ...
  7. Avoid being too direct. ...

More items...

What does a business lawyer do?

Why is it important to meet with a small business attorney?

How to start a business off on the right foot?

What to do before starting a small business?

Why do businesses need contracts?

How does a contract protect a business?

Do businesses have copyrights?

See more

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Should I speak to a lawyer before starting a business?

But meeting with a small business attorney before starting a business can be one of the smartest moves you'll ever make. A business lawyer can explain how to start a business and answer your business law questions. But more importantly, a lawyer can identify the risks you face and help you minimize them.

What are good questions to ask lawyers?

Questions to Ask Your Lawyer During a Consultation1) What kind of experience do you have with similar cases?2) What would be your strategy for my case?3) Are there any alternatives to going to court?4) What are my possible outcomes?5) Who will actually handle my case?6) What is my role in my case?More items...•

What questions should I ask a corporate lawyer?

General QuestionsHow long have you been practicing law?What do you specialize in?What are your main roles and duties? What goes beyond that scope?How do you bill?What companies do you generally work with? ... Are you experienced with startups?Are you familiar with the laws of incorporation in my specific state?

What do startups need from lawyers?

Startups need lawyers when lawyers provide the best, value-driven solution for specific problems the startup is facing. This will change from one startup to another. Here are some variables: Company formation: In most cases, you don't need a lawyer to set up a company, and it will be overkill to use one.

What is the hardest question to ask a lawyer?

12 Tough Questions to Ask a LawyerWhat's your opinion of the probate process?Under what conditions do you recommend a Living Trust?How do I protect my children from abusive relatives if something happens to me?Can I keep my kids from controlling their entire inheritance at 18?More items...•

What are good questions to ask a professional?

Questions To Ask: Informational InterviewWhat are your main responsibilities as a...?What is a typical day (or week) like for you?What do you like most about your work?What do you like least about your work?What kinds of problems do you deal with?What kinds of decisions do you make?More items...

How do corporate lawyers prepare for interviews?

Corporate Lawyer Interview Questions:How would you describe a complex legal procedure to a client? ... What information do you evaluate before the company enters a business partnership with new vendors? ... How do you manage confidential information? ... What are the legal risks of a merger?More items...

How do you answer corporate law questions?

1:358:50How to answer: Why commercial law? - YouTubeYouTubeStart of suggested clipEnd of suggested clipIf you remember what. You've. If there you go if you tell the truth you don't have to remember.MoreIf you remember what. You've. If there you go if you tell the truth you don't have to remember. Anything.

How do you prepare for a corporate law interview?

8 ways to prepare for a legal job interviewHighlight your successes. ... Be knowledgeable about what you've done. ... Frame your experience for the role. ... Know what's going on. ... Sell your soft skills. ... Prepare your questions — and your answers. ... Relax and be yourself.

What two characteristics should a lawyer have when working with a startup?

Take note of what the attorney says and does, and look for the following qualities:Experience. ... Understanding. ... Ability to communicate. ... Availability. ... Rapport. ... References. ... Reasonable fees.

Why legal is important for Startups?

From incorporation to investment negotiations, startups have legal needs necessary for the success of their business. For instance, Startups find that they may have to deal with government established institutions, be it for issuance of licences or payment of taxes.

How do I choose a law firm for a startup?

Choose a Startup LawyerHow to: Choose a Startup Lawyer. ... Choose a trusted partner. ... Look for a partner whose experience aligns with your needs. ... Initiate an open conversation about priorities and response time. ... Decide whether to partner with a big firm or a small firm. ... Ask about fees. ... Questions for prospective lawyers.More items...

Should I protect my business's intellectual property?

The short answer is absolutely! Protecting your business’s intellectual property is essential to its growth and success moving forward.

Can I name my business whatever I want?

Before you set your business name in stone, first consult with a small business attorney who can help you determine whether your desired name is av...

What do I do if my desired business name is available, but I'm not quite ready to move forward?

The Texas Secretary of State permits online reservation of names for any type of filing entity. A business entity reservation is effective until th...

6 Useful Questions To Ask A Lawyer Before Hiring Them

If you require a lawyer, it can be difficult to know what to ask them. It is important to have an idea of the different types of questions so you can feel more confident when hiring one. In this blog post, we will discuss 6 questions that are good for any type of legal situation.

What to do if a lawyer gives you a list of references?

If the lawyer agrees to give you a list of references, check them out thoroughly.

What to know before ordering business cards?

Before you order business cards and signs, you need to make sure the name of your business won’t bring any legal problems in the future.

Why is it important to have an immigration lawyer?

Immigration laws are also important to comply with, especially if you have employees who are not citizens . An experienced lawyer can help put you on the right track by educating you on the laws associated with your business. This is definitely one of the very important questions to ask a lawyer when starting a business.

Why are lawyers wary of consulting with other lawyers?

Some lawyers are wary of consulting with other lawyers for fear of losing the client’s business.

What is a reputable lawyer?

A reputable lawyer will be familiar with those laws and can give you the assistance you need to eliminate mistakes.

Do business owners have a full plate?

Business owners have a full plate day in and day out, but your legal concerns will not be insurmountable if you find the right lawyer. Take your time, make a list of questions, and, most of all, be prepared for the questions the lawyer might ask you.

Do business lawyers charge an annual fee?

A good business lawyer is truly invaluable, and most will allow you to pay an annual fee so that you can contact them anytime you need them. You can ask them questions about employees, paperwork and documentation, risk-management issues, personnel issues, and even concerns about your board members.

What is the key to a successful business?

In fact, the key to most successful businesses is the existence and implementation of legally sound contracts and agreements.

What are the factors to consider when selecting a business entity?

Some of the factors to take into consideration include: Whether you plan to have employees; Desired tax treatment for the entity; Whether you plan to own and operate the business yourself or with one or more business partners; and.

How long does a business entity reservation last?

A business entity reservation is effective until the 121st day after the application is accepted. This can give you some extra time to prepare for next steps while also keeping your preferred name on hold in the interim. 3.

Is it easy to pick a business name?

However, formally selecting your name is not always so simple. Sometimes, an aspiring business owner may have a name in mind only to discover that it is already being used by another business in the area.

Why is a small business attorney important?

A small business attorney is a big help on this regard because he can simplify things for all of you and prevent any misunderstanding that may arise while settling the contents of the agreement.

What is the number one candidate for entrepreneurs who are more comfortable with working alone?

The sole proprietorship is the number one candidate for entrepreneurs who are more comfortable with working alone. From the phrase itself, it is easy to derive that the owner of the business is just one person who is most likely to be the manager as well.

Do entrepreneurs need to worry about personal assets?

Entrepreneurs who opt for this structure do not need to worry that their personal assets will be in peril if ever the business was not able to meet the financial obligations expected from it. Your losses are limited to your investment in the business.

Do small businesses need contracts?

The contracts you need may vary depending on its type of structure. However, there are common contracts needed by small businesses that could be drafted with the help of a business lawyer.

Is it risky to start a business?

But starting a business can be a very risky venture. The more you plan and strategize before you start your business, the more likely you will be able to succeed. Here are the 5 top questions to ask a business lawyer before starting a business. Before you start your business, make sure yourself you ask the following….

Is it a risk to enter the business field?

Entering the business field itself is a risk as you are investing not only money but your hope and emotions in wishing that it will succeed.

How Should I Structure My Business?

This seems like a basic question, but it’s actually one of the most important things you can ask when you sit down with a business attorney.

What Should Be in My Bylaws?

Part of this process of minimizing risk and protecting your assets involves writing your bylaws properly.

How Can I Protect My Intellectual Property?

All businesses, yours included, need certain trademarks to identify themselves from other businesses.

How Do I Protect My Personal Assets?

Regardless of the specific structure you choose for your business, you want to structure your business to protect your non-business assets.

1. What Business Structure is Best For Me?

Choosing your business structure will be one of the most important decisions you make when starting a business. The business structure you select will impact how you set up, manage and dissolve your business. Notably, every business structure has its advantages and disadvantages, making it difficult to choose the best option for you.

2. How Can I Choose a Name for My Business?

For many people starting a business, choosing a name is one of the first choices they will make. While this might seem a simple process, choosing a name for your business is not always straightforward. For most business structures, having a business name that is identical or near-identical to another business will not be available for you to use.

4. How Can I Protect My Brand?

While most business owners think about protecting their physical assets, many business owners will neglect their intangible assets.

5. What Are My Duties and Obligations?

Your responsibilities and obligations as a business owner will depend on your business structure. For example, consider you are a sole proprietor of a business. In that case, you will be personally liable for all debts of the business.

6. How Can I Raise Capital?

Ensuring your business continues to expand is the key to its success. Whether your business is big or small, having a professional who can assist you with raising the funds it needs to grow will be extremely beneficial. A capital raising lawyer will help you explore capital raising options, negotiate with investors and finalise agreements.

The Ultimate Guide for Startup Founders

The LegalVision Startup Manual provides guidance on a number of common challenges faced by startup founders including structuring, raising capital, building a team, dealing with customers and suppliers, and protecting intellectual property.

Key Takeaways

It is not essential to speak to a lawyer before starting a business. However, having professional advice can provide clarity and prevent future issues. Some questions you should ask a lawyer when starting a business related to your:

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.

Why do you need to have a contract with multiple partners?

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 are entitled to in any given situation. This can help you avoid contentious disagreements that could lead to legal battles down the road.

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.

Can a business attorney help you make sure your name of choice is available?

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 paperwork.

Does a lawyer do taxes?

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 important issues.

What does a lawyer do for a business?

Your lawyer will take a comprehensive view of your business and your plans and can help position you optimally. Doing so will impact how the business is owned, taxed, and managed.

What is a business lawyer?

A business lawyer is a person best suited for helping you make that decision. Both sole proprietorships and general partnerships view the business and the owner as the same entity, so if there are debts or legal issues, you would be held liable.

What are the consequences of failing to take legal action?

Failure to take such actions can result in: Fines. Penalties. Legal liability. Business closure. By consulting with a seasoned attorney, you can establish that you’re currently operating within the boundaries of the law.

Does Briggs Law help?

That’s where Briggs Law can help. We’ve spent decades practicing business law. There’s not a law-related question that you could present to us that we haven’t seen or handled a dozen times before. We’ve taken the time to study the ins-and-outs of business law so that you don’t have to. And, no matter what stage of business you’re in, we want to help.

Written By

Jane Porter is a freelance writer and editor based in Brooklyn, NY. You can find more of her work at Janeroseporter .com

Jane Porter

Jane Porter is a freelance writer and editor based in Brooklyn, NY. You can find more of her work at Janeroseporter .com

What does a business lawyer do?

A business lawyer can explain how to start a business and answer your business law questions. But more importantly, a lawyer can identify the risks you face and help you minimize them. When you meet with your lawyer for the first time, it’s a good idea to have some questions in mind.

Why is it important to meet with a small business attorney?

Meeting with a small business attorney is an important way to get your business off to a good start and minimize future risks. Here are questions to ask at your first meeting. New entrepreneurs have their hands full, making plans, developing products and services, and lining up financing.

How to start a business off on the right foot?

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. Make it a habit to seek business legal advice regularly ...

What to do before starting a small business?

Before starting a small business, you must decide how your business will be structured. If you do not form a formal business entity, your business will either be a sole proprietorship (with one owner) or a general partnership (with more than one owner). Legally, you and your business will be the same “person,” so if your business has debts ...

Why do businesses need contracts?

Your business might need contracts for routine transactions, to protect confidential information, to describe employment relationships, or for leases and other major transactions.

How does a contract protect a business?

Contracts protect your business by describing the rights and responsibilities of the parties to the agreement. A well-written contract can reduce the number of disputes that arise, ensure that you get paid for the work you do, and provide a clear remedy if one party doesn’t hold up its end of the deal.

Do businesses have copyrights?

Businesses also may have copyrights in any original works of authorship, including such things as photographs, brochures, and websites. Copyright protection is particularly important if you are in a creative field. And if you have an invention, you may need to apply for a patent.

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