what kind of lawyer do i need when starting a buisness

by Prof. Tanner Prohaska V 8 min read

There are several different types of attorneys that could be beneficial in starting a business. Examples include general business attorneys, contract attorneys, and tax attorneys. Local attorneys will be aware of what laws apply to which industries, and what specific licensure you will need to obtain to start your own business.

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.Aug 20, 2021

Full Answer

Is an attorney essential when starting my business?

There are several different types of attorneys that could be beneficial in starting a business. Examples include general business attorneys, contract attorneys, and tax attorneys. Local attorneys will be aware of what laws apply to which industries, and what specific licensure you will need to obtain to start your own business.

How to find a startup lawyer?

 · Among the countless worries for entrepreneurs who are starting or are already running a small business is the question of whether they need a business lawyer. The perception is that attorneys charge high rates and many small businesses don't have much, if any, extra capital with which to pay lawyers. As a result, most small business owners only hire an …

Should I hire a lawyer when selling a business?

Generally, partnerships are the first entity type for which some business owners choose to seek the help of an attorney. You will need to register an assumed business name at the state or local level. More importantly, creating a partnership agreement for partners to enter into, while not mandatory in most states, is strongly urged.

What does a business lawyer do?

Depending on your industry, state, how many people are involved, and your business needs, requirements for a start-up will vary. An experienced lawyer can provide support with navigating the many forms and requirements of legal documents, trademarking your name, discussing potential legal structures, etc. Many new businesses need start-up assistance and capital …

Prepare & File Articles of Organization

The first thing we do for our clients is to prepare and file the Articles of Organization with the Oklahoma Secretary of State. This form is the legal document that creates your company as an official Oklahoma LLC.

Draft the Operating Agreement

Next, we create an operating agreement. Within your operating agreement, you will find information that outlines the operating procedures of your new business.

Obtain a Federal ID Number

A federal ID number is assigned by the IRS and is used to identify your business for tax purposes. You will need to obtain your federal identification number to hire employees. You will also need this number to open a bank account for your business or file your taxes.

Conduct the Organizational Meeting

Once your articles of organization and the operating agreement are in order you will need to conduct an organizational meeting for your new LLC. This is the first official meeting of your business and should involve all of the owners or members.

Launch Your Business

Once you have the legal aspect of your new LLC in order, it is time to launch your business! There are several ways to generate interest and promote your business. I have found that a website is one of the most effective methods for gaining business in today’s economy. You can read more about using a website to generate business here.

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.

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.

How to find a tax attorney?

When searching for a tax attorney, choose ones that have experience in dealing with tax law. They should be licensed to be a lawyer and have gone through tax law training, preferably a master’s degree. If you belong to an association for your business, consider asking around for a referral.

Do M&A lawyers have IP?

Deals that involve intellectual property may require the expertise of an IP lawyer. Some M&A lawyers have this expertise, but it should never be assumed.

Do M&A lawyers negotiate?

M&A lawyers understand the nuances associated with mergers and acquisitions. The opposing party will try to negotiate the best deal for their benefit. M&A is a complicated process, and trying to do this without an M&A lawyer is not a wise decision.

What is the job of a law firm in employment law?

Employment law is one area that changes often, but it’s your law firm’s job to monitor these changes so that you don’t have to.

What to do if you need to terminate an employee?

If you feel you need to terminate an employee, you can discuss the issue with your lawyer. They can determine the best way to handle the situation. If there’s still a legal issue, the lawyer can step in and represent your company.

What can a business attorney do for you?

Consulting a skilled and knowledgeable business startup lawyer can reduce the risk of loss, as well as ensure you are in compliance with all applicable laws. Previous sections have described how an attorney could benefit your small business. Additionally, a business attorney can also represent you in court as needed.

What are some examples of small business attorneys?

Other examples of tasks handled by small business attorneys include: Assisting with negotiating, drafting, and reviewing business contracts; Helping with business startup and incorporating filings;

What is a referral service for a lawyer?

An attorney referral service, such as LegalMatch, is how most people locate small business lawyers. Such services match you to an attorney in your area based on criteria that you provide. Other means of finding an attorney include an online search, and asking friends and family.

What are the different types of attorneys?

Examples include general business attorneys, contract attorneys, and tax attorneys. Local attorneys will be aware of what laws apply to which industries, and what specific licensure you will need to obtain to start your own business.

What is the most common source of financing for small businesses?

According to statistics provided in 2018 by the Office of Advocacy for the United State Small Business Administration, personal and family savings account for the most common source of financing for small businesses. Other common ways of funding and financing small businesses include:

What is the best way to grow a business?

Teams and Marketing: You should identify those who will be able to get your business started. This is your team, and they will help you grow your business if you cannot do it alone. Related to your team is your marketing strategy. Solid marketing is what will help your business grow and expand.

What is the most common form of business?

The most common form is an “ LLC ,” or limited liability company. The state in which you wish to form your business may also dictate what form that business takes, as well as tax incentives and implications associated with particular forms; and.

How to prevent unnecessary attorney costs?

To prevent unnecessary attorney costs at the inception of your business as well as tremendous costs after a lawsuit has been filed, you might consider a consultation arrangement with an attorney. Such an arrangement would entail you doing most of the legwork of research and the attorney providing legal review or guidance.

What to do if your business is facing challenges?

Contact a qualified business attorney to help you address potential challenges a business can face.

What happens if your business doesn't cause environmental problems?

An environmental issue arises and your business is involved (even if your business didn't cause the environmental problem, you may be penalized) Negotiating for the sale or your company or for the acquisition of another company or its assets.

Do you need legal help when it's too late?

But when you do, it's good to know where to find the right one. And -- more to the point -- you may not know you need legal help until it's too late, as attorneys can help you stay in compliance with the law and spot developing legal issues early.

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.

What are the most important things to do in business?

10. Contracts. Most businesses execute contracts for space, services, and supplies. Businesses often have agreements between partners, investors, and employees. It is important to get it right so you don't end up in court. 9. Registering, Licensing, and Permits.

What are the laws that fill in the gaps for business entities?

Most states have adopted "Uniform Laws" that fill in the gaps for business entities where their charters, by-laws, and other organizing documents are silent. You may be subject to a whole set of laws and regulations that you don't even know exist. 2. Tax.

What are the options within a business entity?

3. Autonomy. With many business entities, the things you don't decide are decided for you.

What is a good startup lawyer?

A good startup lawyer is more than a lawyer. They are also a close advisor and confidante as you’re trying to grow your business. Here are some of the important steps that startup lawyers can help you with: Deciding how to structure your new business.

What are some good websites to find a lawyer for a startup?

Services like LegalMatch and UpCounsel will match you to the best startup lawyers located near your business. These sites are a great way to find attorneys who can help you through complicated legal concerns.

Who can walk you through closing a business loan?

Obtaining a business loan: Your loan specialist, lender and accountant can typically walk you through everything you need to know when closing on a business loan.

What happens if you have multiple lawyers?

If multiple people are involved, it can increase the time it takes to handle your case and, subsequently, can increase your final bill. So, make sure you understand what work the lawyer will do and what work the lawyer will delegate.

Who handles business information?

Unless you’re working with a lawyer from a solo firm or a very small firm, chances are good that others in the lawyer’s office will handle your business’s information. These may include junior partners, associates, paralegals and legal secretaries.

How much does a lawyer cost?

The cost of a startup lawyer can range anywhere from a $50 fixed fee on an online legal service to over $1,000 per hour for a senior partner from a prestigious law firm.

How to sort through lawyers in zip code?

Just need help sorting through the lawyers in your zip code? Try a site like Avvo, which hosts the largest lawyer directory online. You can sort through lawyers based on location, areas of expertise, years of experience and rating.