Generally speaking, the more complex your business is, the more likely you are going to need a business lawyer. That could be a tax lawyer, corporate lawyer, hedge fund lawyer, or even just a small business lawyer that can do a lot of your filing for you. You don’t need to spend a fortune on a lawyer when starting your business.
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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. When considering this type of business lawyer, ask questions about various scenarios that could affect your business.
If your company has trademarks and patents, you’re likely to need an intellectual property (IP) lawyer. These lawyers are qualified to handle matters concerning copyrights, trademarks, patents, and even brand recognition concerns. An IP lawyer can also work to make sure your business isn’t infringing on the IP concerns of other companies.
People sue businesses for many reasons, and it’s likely that most business owners will experience a lawsuit during the life of the business. Due to this, you should fully understand the types of small business lawyers that your business could work with. 1. General Business Lawyer 2. Employment and Labor Lawyer
A sole proprietorship is the simplest business form. It doesn't require that you register your business with your state, so no, you probably don't need an attorney to start this type of 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.
For this and other important reasons, you most likely will need a lawyer for your startup.Contracts. Most businesses execute contracts for space, services, and supplies. ... Registering, Licensing, and Permits. ... Business Form. ... Multi-State Business. ... Strict Conformity. ... Capital. ... Variety of Entities. ... Autonomy.More items...•
Existing small businesses have their share of legal issues to contend with and often need a lawyer to help get a resolution that benefits them best. These situations include things like debt collection, hiring and firing employees, and dealing with a lawsuit that has been filed against them.
Lawyers have connections and a clientele base like you Lawyers will offer insights that may prove very useful in the long run to a start-up. In addition to offering legal services, they can be a marketing tool for your business as they speak of your business to potential clients.
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.
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.
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.
Of course, you do not need a lawyer for every aspect of your company. There are many things you can do by yourself. However, the question you should always ask is whether it is an efficient use of your time.
You can often create your corporation paperwork to file with the Secretary of State using online forms. But, first, you must choose the proper corporate structure for you. There are many factors to consider, namely tax advantages and liability protection.
Your attorney is an integral part of your team, so you should find someone who understands your business. Among the questions you should ask when hiring a business lawyer is their hourly cost and the types of companies they help.
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.
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.
Even in transactional civil matters, such as drafting a contract, a lawyer can be very helpful. A lawyer can make sure contracts are drafted correctly and avoid problems at a later date. A real estate purchase, business purchase, and/or creation of a trademark or copyright will most likely involve a lawyer.
Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases. Some lawyers specialize in one or two types, such as family and divorce law.
A lawyer is an individual who is licensed to practice law in a state. Lawyers are also known as attorneys or an attorney at law. Some lawyers are licensed in multiple states. Some lawyers are admitted to practice at the Federal level as well.
It is important in divorce cases for an individual to have a family lawyer representing them to ensure their rights are protected.
There are many different types of lawyers that handle many different types of cases. Some cases may even overlap practice areas. Most lawyers have experience with a variety of cases and will be able to help you with your needs. Despite the prevalence of “lawyer jokes”, lawyers are service oriented and look out for the best interest of their clients.
Lawyers can work in a law firm with other lawyers, with a partner, or practice by themselves in a solo practice. In most cases, a lawyer will be chosen based on the type of case, or practice area, and the location of the case. Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases.
In serious cases, where punishments are more severe, a criminal lawyer is highly recommended, even necessary. A criminal lawyer can advise an individual on the consequences of conviction or guilty pleas. Some guilty pleas, even to misdemeanor charges, can have long-term consequences.
Small businesses rely on lawyers to provide legal expertise in some areas, which they might not be well-versed. These include the knowledge to:
The specific scenarios when start-up small businesses often choose to consult a lawyer include:
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.
LLCs can benefit from a lawyer as these entities often require filing articles of organization (or a certificate of formation) with the state, the appointment of a registered agent and adherence to other regulatory requirements. Therefore, consider creating an operating agreement.
BizFilings and LegalZoom offer most documents, which might serve you well if your business is not particularly unique. The Balance does not provide tax, investment, or financial services and advice.
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. Corporations or S corporations must register with the state as well.
The simpler your business, the less you'll need an attorney. A sole proprietorship is the simplest business form. It doesn' t require that you register your business with your state, so no, you probably don't need an attorney ...
Sole proprietorship. A sole proprietorship is easy to form and gives you complete control of your business. You're automatically considered to be a sole proprietorship if you do business activities but don't register as any other kind of business. Sole proprietorships do not produce a separate business entity.
Partnership. Partnerships are the simplest structure for two or more people to own a business together. There are two common kinds of partnerships : limited partnerships (LP) and limited liability partnerships (LLP).
An LLC lets you take advantage of the benefits of both the corporation and partnership business structures. LLCs protect you from personal liability in most instances, your personal assets — like your vehicle, house, and savings accounts — won't be at risk in case your LLC faces bankruptcy or lawsuits.
The partners with limited liability also tend to have limited control over the company, which is documented in a partnership agreement. Profits are passed through to personal tax returns, and the general partner — the partner without limited liability — must also pay self-employment taxes.
Sole proprietorships do not produce a separate business entity. This means your business assets and liabilities are not separate from your personal assets and liabilities. You can be held personally liable for the debts and obligations of the business. Sole proprietors are still able to get a trade name.
Corporations can make a profit, be taxed, and can be held legally liable. Corporations offer the strongest protection to its owners from personal liability, but the cost to form a corporation is higher than other structures. Corporations also require more extensive record-keeping, operational processes, and reporting.
While you may convert to a different business structure in the future, there may be restrictions based on your location. This could also result in tax consequences and unintended dissolution, among other complications. Consulting with business counselors, attorneys, and accountants can prove helpful.