what does a lawyer do when starting a business

by Nikolas Hickle 8 min read

Some of the things a business lawyer can help you do include:

  • Writing contracts: There are a variety of reasons you might need contracts written when you’re starting a business. For...
  • Creating a legal entity: When you start a business, the most important thing you can do to protect yourself is choose a...
  • Disputes: As a business owner, it’s pretty likely you could face...

A lawyer can review your business plan and flag issues of concern. Or they can draft your plan for you. Since a sound business plan is critical to get a business loan or investors on board, it is worth the investment to have an attorney review it.Aug 20, 2021

Full Answer

Is an attorney essential when starting my business?

Unfortunately, there's no easy answer to these questions. Whether you need an attorney to start your business depends in large part on what legal type of business you're starting. The simpler your business, the less you'll need an attorney. A sole proprietorship is the simplest business form.

How to find a startup lawyer?

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Should I hire a lawyer when selling a business?

preliminary negotiations. drafting a formal agreement and pre-closing review. closing. As early as possible in the process, it's a good idea to consult a lawyer and a financial adviser to help make sure that you get the deal you're after.

What does a business lawyer do?

  • Developing a big picture of the situation to determine cause and responsibility — research of paperwork, facts, and situation.
  • Determining what, if any, experts are required during litigation.
  • Identifying case law and precedent in support of/against the assertion.
  • Writing briefs for court submission that – Delineate the facts of the event. ...

More items...

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What Is a Business Lawyer?

A business lawyer is responsible for assisting corporations with matters they need. Their role is to ensure everything done at the company is legal...

What Does a Business Lawyer Do?

While it will vary from company to company, here are some common tasks you might be expected to perform as a company attorney. Starting businesses....

How Do I Become a Business Lawyer?

Becoming a lawyer is a challenging career path that requires hard work and many years of education. You’ll need to earn a bachelor’s degree, get ad...

What Skills Does a Business Lawyer Need?

Career counselors who can see beyond what their clients can’t, will find themselves rewarded in not only the success of their role but also emotion...

How much does a Business Lawyer make?

The median average pay for attorneys was $126,930 in 2020. The top 10% of lawyers earn around $208,000 per year, while those in the lower 10% make...

What is the job outlook for a Business Lawyer?

The growth outlook for lawyers is currently 4% for the 2019 to 2029 period, which is in line with the national average. Being a lawyer is a stable...

Where does Business Lawyer work?

Most Business Lawyers can be found in the office, though traveling to meet clients in various locations and places is common. You might be asked to...

What is a business lawyer?

A business lawyer—also called a corporate attorney, corporate lawyer or commercial lawyer—is a legal professional who focuses on issues that affect businesses, including taxation, business transactions and intellectual properties. These professionals might negotiate settlement terms, write legal documents or argue their clients' cases in courts.

What does a business lawyer do?

Lawyers help organizations or individuals throughout legal processes related to businesses. They help their clients file cases, prepare legal documents and oversee trial cases and hearings. Other duties include settling claims, sending correspondence and taking depositions.

Salary and job outlook

Business lawyers often offer legal services by the hour, with rates depending on the legal issue, type of law firm and region. The average base salary of a business lawyer is $139,825 per year. Chief legal officers typically earn higher salaries, while recent law graduates earn the lowest salaries.

Business lawyer job description example

Our private law practice seeks a reliable business lawyer for managing real estate and business transaction cases. They will be responsible for maintaining accurate and organized case files and working closely with our dedicated paralegals to satisfy court requirements for our growing list of valued clients.

How to become a business lawyer

To become a lawyer, you need to pass industry exams and meet the minimum educational requirements for the area you plan to practice law. Here are the typical requirements for becoming a business lawyer:

Related jobs

With a degree in business law and a license to practice law in your state, you can find jobs in related positions such as:

Can you save money by doing things yourself?

You can save a lot of money, and you'll learn a lot from the process of doing things yourself.

Do S corporations have to register with the state?

Corporations or S corporations must register with the state as well. They must prepare bylaws and other documents, and they have a far more complicated ownership structure. You'll almost certainly need an attorney to help you start any type of corporation, An S-corp starts as a corporation then elects S corporation status with the Internal Revenue Service. If it sounds complicated, it is. You might need help.

Do LLCs need to register with the state?

Partnerships and LLCs must register with the state. Documents must be prepared, such as a partnership agreement or an LLC operating agreement. You might be able to register online with your state or use an online service to register your business, but it might be a good idea to use an attorney if your business is at all complicated.

What can a lawyer do for a business?

A lawyer can review your business plan and flag issues of concern. Or they can draft your plan for you. Since a sound business plan is critical to get a business loan or investors on board, it is worth the investment to have an attorney review it.

What can a business attorney do?

A business attorney can help you draft documents and agreements for your business. For example, when you start your company, you may need an operating agreement or bylaws.

How can a tax lawyer help you?

Tax lawyers can also advise on business strategies to reduce taxes. For example, they might recommend launching or expanding your business in one state instead of another. As a result, you might save thousands of dollars in taxes by paying a few hundred in legal fees.

Why is it important to have an attorney for a partnership?

Equally important is addressing how a partnership may change as the business grows (i.e., one partner wants to leave the company). Again, enlisting the services of an attorney will define the relationship and avoid future conflicts.

What documents do business owners use?

In addition, business owners frequently use sales contracts, delivery agreements, and equipment leases. Having an attorney review these documents and advocate for your interests can save you time and trouble in the future.

What is the best legal advice for a business?

Probably the best legal advice a business attorney can give is how to correctly set up your company to minimize your taxes and business liabilities. An attorney can show you the advantages and drawbacks of your business formation to tailor the right one for you.

What to do if you have employees?

If you have employees, you will want employment agreements spelling out the terms of the working relationship. Additionally, you want to avoid potential lawsuits if you need to discipline or terminate the employee.

What Does a Business Lawyer Do?

First, a business lawyer is different from a personal injury lawyer or a criminal lawyer, just to give examples.

Deciding On a Business Structure

While the forms you need to complete once you know what your business structure is going to be are generally straightforward, deciding on that structure might not be

Business Operations

Once you have your business structured and operating, at least to a point, you might need to bring a lawyer in. This could be to help you with contracts and agreements or getting certain permits.

Employment Law

Some of the main reasons small businesses face lawsuits relate to employment law. This could perhaps be one of the most critical areas for you to work with an attorney in your business.

Administrative Proceedings

There are certain administrative proceedings that can affect your business not necessarily when you’re just starting but at any time. You may hire an attorney to represent you in these.

Prevention Is Better Than Reaction

A lot of times, business owners think they don’t need an attorney at all, and then they find themselves in a difficult situation that could have been prevented. When you’re starting a business, you do want a strong foundation, and that includes your legal foundation. That’s the most important thing to scale your business up and make it a success.

How to insure yourself against liability?

Another way to insure yourself against liability is to build up protection in your contracts. Discussing the possible clauses needed in your businesses contracts will reduce your need for lawyers later on.

Do all businesses need insurance?

All businesses should obtain insurance. Besides the fact that it's required by law, you can face financial exposure for damages or injuries occurring during the course of business. An insurance policy limits your financial exposure by shifting that risk off of yourself or your business.

What Kind of Lawyer Do I Need for Small Business?

If you are running any kind of business, chances are that you will need legal representation at one point in your business’s life. No matter how big or small, legal challenges are likely to come up.

What Business Lawyers Do For You

Any time money changes hands in America today, you open yourself up to the possibility of a lawsuit. If you have a brick and mortar store, with an icy sidewalk, you have a potential liability on your hands.

Retain an Expert Today

A Duke Law School conference in 2010 found that litigation costs for small businesses cost Americans $115 million in 2008, which was up 73 percent since 2000. Those litigation costs are rising annually and will be even higher for small businesses that don’t have their legal needs managed appropriately.

What is the importance of negotiation with suppliers?

Negotiations with suppliers and partners require proactiveness and strong terms between your business and others —even website or software providers—ensures mutual success. With a lawyer’s help, you can ensure that each contract or buy-sell agreement is comprehensive and binding.

Do sole proprietorships need to be registered?

Sole proprietorships don’t require registration with the state, but lawyers can still help ensure that personal endeavors are also protected at the very start.

Can entrepreneurs solve their own problems?

An entrepreneur can solve some of their own issues, but unless they’ve got a background in law, “they don’t know what they’re doing,” Sussman says. Waiting until a serious legal issue arises— say, a customer sues —will result in a costly scramble without a support system already in place. It’s an investment, but some consider it the cost of doing business for any entrepreneur. Asking around for referrals from others in your field, or those who’ve also started small businesses in your area, is a good idea.

What does a lawyer do for a business?

Ensure compliance: A lawyer can help make sure that your business opens and operates by federal, state and local laws.

How can a lawyer help you?

Establish agreements: A lawyer can help you establish formal legal documents that govern relationships across the organization . This way, you know what you owe to your partners, employees, vendors, customers or clients and their deliverables in return.

What is the purpose of picking a business name?

Picking a business name: An attorney can perform the research needed to ensure that the name you give your business is not in use by another business or trademarked. Operating under an already trademarked name can cause financial and legal woes down the road.

What can a master tax attorney do?

Master taxes: Attorneys trained in tax can help ensure that you pay the tax you owe; they can also help lower your tax liability by identifying valid business deductions and reimbursements.

Can a lawyer help you patent a business idea?

Patenting a business idea: A lawyer can help advise you about how to keep your patent confidential, search for and avoid duplicate patents already filed with the U.S. Patent and Trademark Office, and file a patent application.

Is a partnership agreement mandatory?

More importantly, creating a partnership agreement for partners to enter into , while not mandatory in most states, is strongly urged. You can also file these forms yourself through online legal services.

Do I need a lawyer to start a small business?

Retaining the services of a lawyer is not required as a condition of starting a business. In fact, many of the steps of starting a business cited above can be performed without a lawyer. This means the decision to hire a lawyer or go the DIY route depends on your business entity. Also, consider the amount of time and effort you are willing to expend to get your business off the ground.

Why do lawyers make less sense?

The biggest reason lawyers can make less sense generally is cost. If you have unlimited capital, then you can save time by hiring a great lawyer (in the same way you’d hire an expert for everything else, like SEO, marketing, design, sales, etc.).

Why Does Legal Matter So Much in the Beginning?

If you wait too long, then when you need the contract, it’s too late. No one’s soon-to-be ex-spouse is going to agree to a prenup when she’s about to get a divorce. And no one will agree to a contract after the conflict has already occurred.

What is the vast majority of US businesses?

The vast majority of US businesses are service-based businesses. In general, service-based businesses face less liability. If you’re in a field with high malpractice concerns, you’re exposed to more liability but at the same time -- insurance often covers that.

What is legal basketball?

Legal is like the rules of a game. It eliminates ambiguity. Except business laws have a rule book about 1,000x bigger than the rules in the NBA. Imagine focusing all your energy on learning how to shoot, assuming you can carry the ball (without knowing to dribble) anywhere you go -- when you play your first game, you’ll be at a huge disadvantage and have to stay in one place.

Can a business infringe on another business's trademark?

Most new businesses overlook trademark implications that exist from the start. When you register your business, it can't infringe on another business's trademark. Just because your name was available in your state doesn't mean it's not infringing on a trademark.

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