what type of lawyer do i need for my small business

by Jamaal Sauer 7 min read

6 Types Of Lawyers For Businesses

  1. General Business Lawyer. As the name suggests, a general business lawyer can provide legal advice on a wide range of matters.
  2. Employment and Labor Lawyer. Using an employment and labor lawyer only makes sense when your business has employees. ...
  3. M&A (Mergers and Acquisitions) Lawyer. When you buy and sell businesses, you’ll negotiate for the property and assets of those businesses. ...
  4. Tax Lawyer. Taxes for businesses can get complicated. For this reason, it pays to use a qualified tax professional, such as a Certified Public Accountant (CPA).
  5. Intellectual Property Lawyer. If your company has trademarks and patents, you’re likely to need an intellectual property (IP) lawyer.
  6. Contract Lawyer. Many business owners use templates found on the internet for their contracts. ...

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 is a small business attorney?

What Are Small Business Lawyers?

  • Which business structure to choose, such as choosing between an limited liability corporation (“LLC”) or an S Corp;
  • Which contracts and business documents will need to be drafted, such as employment agreements and waivers;
  • What to do when a contract is disputed or breached;

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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. ...

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What is a business law lawyer?

This is an attorney who concentrates their practice on problems that affect companies, such as intellectual property, different types of business transactions, and taxation. They may write up legal documents, negotiate the terms of a settlement, or argue their clients' cases in court.

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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 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.

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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 do real estate lawyers do?

Real estate lawyers deal with rights concerning land, water, and structures. Perhaps you need to determine whether a lien has been asserted against your property, or you need to carve out an easement. Maybe you need to divide one lot into two or more lots, or change the zoning classification, or move a boundary line.

What is a traffic lawyer?

Traffic Lawyer. Traffic lawyers are often considered a type of criminal-defense lawyer, but there’s a big difference between being accused of murder and being accused of running a red light, and different considerations come into play in formulating defense strategy.

What is transactional lawyer?

The transactional lawyer will incorporate your startup, help secure funding, draft your employment and non-disclosure agreements, issue stock, spin off subsidiaries, and countless other tasks associated with operating your business. Unlike the business litigation attorney, the transactional lawyer does not go to court.

Why do you need a defamation attorney?

You want a defamation attorney if you need to take someone to court for defaming your character through libel and/or slander, or if you’ve been accused of causing harm to the reputation of another individual or business by making false and defamatory statements of your own.

What are some examples of premises liability?

Examples include “premises liability” cases (such as where you’ve slipped and fallen at a commercial establishment due to an unsafe condition), medical malpractice cases, and animal attacks. 10. Real Estate Lawyer. Real estate lawyers deal with rights concerning land, water, and structures.

What is considered criminal defense?

Criminal Defense Lawyer. Courtroom proceedings are considered criminal in nature (as opposed to civil) when the state (through prosecuting attorneys) charges you with the commission of a crime. If you’ve been arrested, read your Miranda rights, and taken into custody by the police, you need a criminal defense lawyer.

Is business law a category?

In fact, “business law” is too broad a category to be meaningful. Business lawyers generally fall into two mutually exclusive categories: litigation and transactional. Business litigation (often referred to as commercial litigation) is a major subset of civil litigation (see above). Businesses sue each other all the time, for any number of reasons. ...

What kind of services do lawyers provide?

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.

Why do you need a lawyer for a contract?

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.

What is family law?

Family law is law that involves family matters. These matters can include marriage, divorce, adoption, child support, custody and establishing parentage. In most cases, marriages do not require a lawyer but a prenuptial agreement should be reviewed by a lawyer.

What is a lawyer?

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.

Why is it important to have a family lawyer?

It is important in divorce cases for an individual to have a family lawyer representing them to ensure their rights are protected.

What is criminal law?

Criminal law is the body of laws that pertain to crimes. Crimes are actions or behaviors prohibited by state or federal laws. Crimes are punishable by fines, probation, and/or imprisonment. Usually, crimes are categorized as misdemeanors or felonies.

Do lawyers handle different types of cases?

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.

Why do small businesses need a lawyer?

Small businesses rely on lawyers to provide legal expertise in some areas, which they might not be well-versed. These include the knowledge to:

When do new small businesses typically use a lawyer?

The specific scenarios when start-up small businesses often choose to consult a lawyer include:

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.

Do I need a lawyer to start an LLC or corporation?

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.

Can I register my business online?

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.

Do I need an attorney to start a business?

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 ...

What is a business lawyer?

Also known as corporate lawyers, business lawyers are legal eagles who cover a more full range of expertise in building, managing, maintaining, transferring and dissolving a business. Lawyers in this area of practice deal with the formation of the company, employment contracts, tax compliance, acquisitions, and mergers.

What do lawyers do?

Different types of lawyers specialize in different areas of law. Some lawyers mostly do the work outside of the courtroom, such as drafting contracts and wills, preparing documents to comply with a process, negotiating deals, and advising clients on a legal problem. There are also lawyers who present cases in court or litigations ...

What is a family lawyer?

Family Lawyers. These are lawyers who handle all kinds of domestic cases, such as divorce, legal separation, child custody, adoption, paternity, alimony, prenuptial or postnuptial agreements, and emancipation. But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law.

Why do we need malpractice lawyers?

Since these are professions that ascribe to a set of standards , they have greater professional responsibilities that may be challenged in the courtroom or in litigation.

What is a real estate lawyer?

Real estate lawyers provide legal guidance for individuals or companies seeking to buy or sell a property. They work with their clients and the real estate agents to draft documents and ensure that the paperwork is legally binding. They may also negotiate for the buyer or seller, or represent a property owner during a foreclosure dispute.

What kind of lawyer handles reproductive rights?

But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law. For instance, if there’s a criminal investigation of child abuse or a domestic violence case, or if there’s a juvenile delinquency case, a family lawyer may also work with a criminal lawyer. 3. Estate Planning Lawyers.

What do IP lawyers need to know?

They need to have expert knowledge in both business and innovation trends. IP lawyers may also negotiate settlements on behalf of the creator or inventor if someone has infringed on their work, such as in cases where branded goods are faked and sold for a lower price in the market.

What does the buyer do in due diligence?

At this stage, the buyer does its investigation of the seller to determine the value of the business or assets it is buying. This usually involves an extensive review of the seller's finances and assets so the buyer can make its own determination regarding value. How much due diligence the buyer does will depend in part on whether it's a stock ...

What are the major concerns for buyers and sellers?

Minimizing taxes and potential liability issues are usually the major concerns for buyers and sellers figuring out how to structure a deal. Minimizing taxes and potential liability issues are usually the major concerns for buyers and sellers figuring out how to structure a deal.

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