what type of lawyer do i need to start a business

by Clare Hilpert 9 min read

If you do not need LLC formation services but need help with your new business, you may want to consider:

  • Employment law attorneys to create employment contracts and HR policies.
  • Intellectual property lawyers to review your products or services to make sure they are protected.
  • A tax lawyer to review your income tax and tax returns to ensure you are not leaving money on the table.

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.Aug 3, 2020

Full Answer

Do you need a lawyer when starting a business?

What Type of Lawyer Do You Need to Start a 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 …

Is an attorney essential when starting my business?

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 …

Who to talk to when starting a business?

Mar 28, 2019 · The first legal requirement you’ll need to meet as a new business owner is to choose the business structure of your company. You can choose between forming a LLC or a corporation. There are advantages and disadvantages to both structures, so do your research before selecting a business structure for your startup.

How long should I work before starting a business?

Jan 16, 2018 · You won't need a lawyer for each and every legal issue that comes up in your business. 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.

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Why do I need an attorney?

The most common reasons for needing an attorney are: 1 Navigating the many forms and requirements of legal documents, like incorporation documents, that are involved. 2 Assurance the startup is being done right. 3 Enabling you to focus on other aspects of the business so you don't have to spend time learning the legal processes. 4 Support with specific tasks like trademarking your name, reviewing lease documents, discussing potential legal structures, and preparing incorporation forms. 5 Online legal form providers don't always do it right. Businesses aren't one-size-fits-all, so blanket legal documents don't always work.

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 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.

Why is it important to hire a lawyer?

However, if your business is subject to a lawsuit, you’ll be relieved that you hired a lawyer. When evaluating lawyers, you should ask a lot ...

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.

Is M&A a complicated process?

M&A is a complicated process, and trying to do this without an M&A lawyer is not a wise decision. The documentation process is another complicated aspect of M&A deals. It’s likely for small business owners to overlook the needed documents. M&A lawyers know about the documents and filings.

What is an employment lawyer?

Employment and Labor Lawyer. Using an employment and labor lawyer only makes sense when your business has employees. If it does, your business should comply with state and federal laws. An attorney in this area of the law can help you draft employee manuals and ensure safety standards are in place.

Can you use templates for a business contract?

Many business owners use templates found on the internet for their contracts. These may work, but could cause your business legal problems, as templates won’t cover the specifics for your business.

What happens when you buy and sell a business?

When you buy and sell businesses, you’ll negotiate for the property and assets of those businesses. It may not always be clear what you’re entitled to during these negotiations. It pays to have a mergers and acquisitions (M&A) lawyer representing your interests in the transactions.

What to keep in mind when starting a small business?

Some examples include but may not be limited to: Research: It is imperative to do your research before starting a small business. This could include things like researching your competition and finding the best suppliers for materials.

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.

Why are small businesses so popular?

Because of their relative ease of operation, and certain tax deductions being made available , small businesses are becoming more popular. Some other examples of why small businesses are gaining popularity include, but are not limited to: Starting incentives, such as financing options.

What is a small business?

What constitutes a small business can vary greatly. In general, a small business is privately owned and operated with less than five hundred employees. They may also be defined by a relatively low volume of sales. Small business standards in the United States vary by state, as well as by industry. Because of their relative ease ...

How many employees are needed to start a small business?

For manufacturing industries, small businesses are to employ less than five hundred employees; for non-manufacturing industries, the criteria is typically less than $7 million in annual income.

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.

What is government lending?

Such programs intend to reflect the important role small businesses play in strengthening the American economy. Additionally, they are provided to promote the start of new businesses as well as promote the growth of existing small businesses.

What are the legal requirements for a new business?

There are a range of legal requirements for new businesses and startups, including financial regulations, tax obligations and employment laws. Make sure your new company complies with all its legal responsibilities so you can get back to focusing on growing your business.

How to ensure you have covered all your legal responsibilities as a new business?

To ensure you’ve covered all your legal responsibilities as a new business, it’s a good idea to consult professionals for advice. Consider sitting down separately with both a lawyer and an accountant to make sure that your company is covered from a legal and a financial standpoint before opening for business.

How does insurance protect a business?

Business insurance can protect you in cases where the personal liability protections offered by your specific business structure aren’t enough. Business insurance can protect not just your personal assets, but your business assets as well.

What does LLC mean in business?

This means that if your business is sued or if it declares bankruptcy, your personal assets including your home and vehicle won’t be at risk.

What is a C corp?

Corporation: A corporation, or C corp, is a company that is legally a separate entity from its owner or owners. Corporations offer the greatest level of personal protection from liability out of all business structures. However, they’re more expensive and complicated to form.

What is a DBA?

A DBA (Doing Business As): doesn’t offer legal protection, but may be required, depending on your location and business structure. A domain name: claims your business’s web address.

What is an EIN number?

Your federal tax identification number is known as an Employer Identification Number (EIN) and it allows you to legally hire employees, pay federal taxes, apply for business licenses and open a business bank account. You can apply for an EIN through the IRS website. Your business will need an EIN if you plan on doing any of the following:

Issues You Can Handle on Your Own

There are certain matters that are fairly straightforward and/or not unduly difficult to learn and therefore do not require the services of an attorney who charges at least $200 per hour. There are enough expenses associated with running a business, why not save yourself a load of money and do it yourself if you can?

Issues Where You Will Need a Business Lawyer

Most of the issues outlined above can be handled by any intelligent business owner (if you can run a business, you can certainly fill out IRS forms or fill in boilerplate business forms). There are times, however, when a business faces issues that are too complex, too time consuming, or fraught with liability issues.

An Ounce of Prevention

While you certainly need to retain an attorney for the serious issues above, your emphasis should be placed on preventing such occurrences in the first place. Prevention does not necessarily involve hiring an attorney, though consulting with one wouldn't hurt.

Get in Touch with a Business Attorney Before You Need One

You won't need a lawyer for each and every legal issue that comes up in your business. 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 is a DBA in business?

2. DBA. If you run your business under a trade name or any other name that is different from the legal name of the business, you need to register a DBA for your Fictitious Business Name in the business’s home state.

Why do businesses incorporate?

Incorporation Documents. The main reason many business owners decide to incorporate their new businesses is to minimize their personal liabilities. Once the business is legally incorporated, it exists as a separate entity, putting a barrier between the business and the owner’s personal assets.

Who is Nellie Akalp?

Nellie Akalp is an entrepreneur, small business expert, speaker, and mother of four amazing kids. As CEO of CorpNet.com, she has helped more than half a million entrepreneurs launch their businesses. Akalp is nationally recognized as one of the most prominent experts on small business legal matters, contributing frequently to outlets like Entrepreneur, Forbes, Huffington Post, Mashable, and Fox Small Business. A passionate entrepreneur herself, Akalp is committed to helping others take the reigns and dive into small business ownership. Through her public speaking, media appearances, and frequent blogging, she has developed a strong following within the small business community and has been honored as a Small Business Influencer Champion three years in a row.

What is partnership agreement?

3. Partnership Agreement. A partnership is a legal entity where two or more people own and operate a business. Each partner owns a portion of the company’s assets and liabilities, and each is responsible for the debts, profits, and legal burdens.

Can a sole proprietorship be a DBA?

For sole proprietorships, the business’s legal name might be the owner’s name but could also run under an assumed name such as “The Marketing Guy.”. To be completely transparent, the business owner needs to file for a DBA.

What is foreign qualification?

Foreign Qualification. For tax benefits or other reasons, some business owners decide to incorporate in a different state than where they conduct business. In those cases, the business owner must “foreign qualify” in the state where the business is conducted.

Is an LLC a single member entity?

An LLC is also a separate legal entity from its owners ( known as “members”) and can be formed as either a single-member LLC or a multi-member LLC. Many business owners choose to register as an LLC because there are fewer filing requirements and looser organization regulations.

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