what type of lawyer should i have to help buy into a company you work for

by Dr. Oma O'Kon 3 min read

A lawyer is needed for interactions, contracts, documentation and various transactions, but an accountant is necessary for the financial data, numbers and funds either being obtained or when buying a new business.

M&A (Mergers and Acquisitions) Lawyer
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.
May 19, 2021

Full Answer

What type of lawyer do you need for your business?

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.

How can an attorney help you protect your business?

An attorney in this area of the law can help you draft employee manuals and ensure safety standards are in place. Some of the employment aspects that could affect your business are wrongful terminations, workplace discrimination, and sexual harassment. This isn’t a complete list, which is why this type of lawyer can keep your business protected.

Do you have to buy into a law firm to partner?

Unless you are being offered a salaried partner role, as a partner in a firm you are also an owner of the firm. This means that you’ll be required to buy an equity stake, or as it is often known ‘buy-in’ to their firm.

Why should I hire a lawyer?

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. A lawyer is an individual who is licensed to practice law in a state.

image

Who should I talk to about buying a business?

An experienced business broker. They can advise you on what to look for and what to ask the owner. Oftentimes, they also do professional valuations and can tell you how much the business is worth. They can also assist you in putting together an offer, guide you through negotiations and help you close the deal.

Who helps you buy a business?

Contacting a business broker is another way to find businesses for sale. Most brokers are hired by sellers to find buyers and help negotiate deals. If you hire a broker, he or she will charge you a commission--typically 5 to 10 percent of the purchase price.

What is a company lawyer called?

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.

What type of lawyer helps people come to an agreement and work together?

A contract lawyer is generally a professional who specializes in this type of work. They have extensive expertise in contractual issues and the state laws applicable to these projects.

How do I buy a business with no money?

The most popular methods to buy a business with no money of your own are SBA loan and Seller financing. There are more ways such as getting an equipment loan, depending on the type of business you are buying. Owning your own business is one of the best ways to generate ongoing wealth.

How do I find a company to buy?

How to find a small business for saleCall local businesses.Use a business broker.Check small-business-for-sale websites.Look for other advertisements (or put out your own)Stay in touch with your network.Gather all the information you need to move forward.Evaluate the price of the business.Close the deal.

How do I know what kind of lawyer I want to be?

Here are a few questions to help you determine what type of law would be a good fit for you:How Much Do You Like to Argue?How Motivated You Are by Money?How Much Control Do You Need Over Your Work Life?How Much Interaction Do You Need With Other People?What Do You Like to Do?

What's the difference between attorney and lawyer?

Attorney vs Lawyer: Comparing Definitions Lawyers are people who have gone to law school and often may have taken and passed the bar exam. Attorney has French origins, and stems from a word meaning to act on the behalf of others. The term attorney is an abbreviated form of the formal title 'attorney at law'.

What does a company lawyer do?

Corporate lawyers are experts in commercial law. They are tasked with ensuring a company's transactions comply with corporate laws and regulations. They may work at a law firm or as part of a company's legal team. Duties include preparing documents, assessing partnerships, and negotiating deals.

What are the 4 types of lawyers?

Bankruptcy Lawyer. Bankruptcy lawyers are experts in the U.S. Bankruptcy Code, and handle insolvency issues for individuals or corporations. ... Business Lawyer (Corporate Lawyer) ... Constitutional Lawyer. ... Criminal Defense Lawyer. ... Employment and Labor Lawyer. ... 6. Entertainment Lawyer. ... Estate Planning Lawyer. ... Family Lawyer.More items...

Who can help me with contracts?

Here is an overview of the types of lawyers that can help look over business contracts:Real estate lawyers.General business lawyers.Employment lawyers.Tax lawyers.Intellectual property lawyers.Securities lawyers.

What is the highest paid lawyer?

Highest paid lawyers: salary by practice areaTax attorney (tax law): $122,000.Corporate lawyer: $115,000.Employment lawyer: $87,000.Real Estate attorney: $86,000.Divorce attorney: $84,000.Immigration attorney: $84,000.Estate attorney: $83,000.Public Defender: $63,000.More items...•

How do I find someone to buy a small business?

Head to local meet-ups or tradeshows where you can talk to brokers or potential buyers. You'll likely still want your business sale information online somewhere that you can easily direct interested parties to. When making your decision consider both cost and timeline as well as how important they are to you.

How do I buy an existing business in South Africa?

10 Steps to Buying a Business in South AfricaStep 1: Determine if the seller's price is fair. ... Step 3: Draw up and sign a Letter of Intent. ... Step 4: Draw up a closing checklist. ... Step 5: Proceed with due diligence. ... Step 6: Obtain the finance you need for the sale and working capital. ... Step 7: Finalise the purchase agreement.More items...•

How can I start a business without money in South Africa?

Here are the various approaches that you can follow in case you are still wondering how to start a small business in South Africa without money.Take advantage of free resources. ... Use what you have. ... Joining a business incubation program. ... Your network of people.

How do you finance a business?

Common Methods for Financing a New BusinessSavings.Credit cards.Friends and family.SBA Microloan Program.Angel investors.Crowdfunding.Business loans and lines of credit.Factoring.

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 is a criminal defense lawyer?

Last but not least, a criminal defense lawyer is skilled in handling all stages of a criminal lawsuit. They provide valuable counsel to their clients from the time they are arrested, through the investigation, charging, arraignment and sentencing. Their work isn't quite done if their clients wish to appeal their case. A good criminal defense attorney knows how to navigate the nuances of the law, which allows them to keep their clients out of prison.

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.

How does M&A affect a business?

Contract law and mergers and acquisitions (M&A) will only affect your business if you deal in these areas. If your business is subject to contracts, then you increase the risk. M&A lawyers are probably the least likely you’ll face but could cost you the most as damages from deals are usually for large sums of money.

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.

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.

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 are the aspects of employment that affect a business?

Some of the employment aspects that could affect your business are wrongful terminations, workplace discrimination, and sexual harassment . This isn’t a complete list, which is why this type of lawyer can keep your business protected.

What is the benefit of working with a business lawyer?

A lawyer will know which questions to ask the current business owner, can review any legal documents to ensure that a purchase will not pose too large of a risk to the investor, and can use their prior experience in business purchases to tell the buyer when to avoid making a purchase.

What Should I Do Before I Even Consider Purchasing an Existing Business?

One step that is crucial when buying an existing business is that the purchaser must absolutely do its due diligence. This process may involve appraising the existing business and its assets, and making sure that the business is in compliance with all current laws.

Why is it important to have an existing business?

Some other benefits include the fact that an existing business comes equipped with inventory and machinery; it may have several locations, including ones overseas, which can save a purchaser money if they wish to expand the business; it has possibly established itself already as a household or name brand; and that the business has most likely made some of its worst mistakes or experiments, which will help the purchaser to know what business decisions to avoid.

Why is it important to have verified customers?

For instance, since existing businesses typically have verified customers, a network of professional contacts, and a financial history, it can make securing any necessary funding easier (e.g., business loans, investments, etc.). Also, because an existing business is usually cash-positive, any funding required will be lower than what would be needed if the business was just launched .

What documents are needed for a business?

Request to see the existing business’s current financial, legal, and other important documents, including:#N#Bank statements (if possible);#N#Tax returns from the last three to five years;#N#Legal documents, such as contracts, liens, pending lawsuits, outstanding debts, leases, registered intellectual property, licenses, permits, and so forth;#N#A list of inventory, fixtures, furniture, machinery, etc.#N#A list of current clients; and/or#N#Their current business, marketing, and advertising plans (if any). 1 Bank statements (if possible); 2 Tax returns from the last three to five years; 3 Legal documents, such as contracts, liens, pending lawsuits, outstanding debts, leases, registered intellectual property, licenses, permits, and so forth; 4 A list of inventory, fixtures, furniture, machinery, etc. 5 A list of current clients; and/or 6 Their current business, marketing, and advertising plans (if any).

Who should be on a due diligence team?

Finally, if the purchaser is genuinely serious about buying, they should hire an official due diligence team that consists of a broker, banker, accountant, and an attorney.

Is it better to buy an existing business or start one from scratch?

There are many benefits to buying an existing business, as opposed to starting one from scratch. An existing business is already formed (e.g., registered with the state and structured), has a physical location or online presence, an established customer base, and a working staff.

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 best way to prepare for a job as a lawyer?

Preparing for a job as a lawyer requires an understanding of legal terminology and law-related careers. By gaining a strong understanding of what careers the legal field offers, you can find the career path the best suits your qualifications.

What is the job of a contract lawyer?

Primary duties: A contracts lawyer helps individual clients or businesses with problems relating to contracts. They provide advice from a legal standpoint on whether or not to agree to and sign a contract, or can help a client figure out how to combat a contract that they have already signed.

What is the job of a bankruptcy paralegal?

Primary duties: Bankruptcy paralegals assist bankruptcy lawyers in providing clients with advice on their financial situation, if they are eligible to file for bankruptcy, what type of bankruptcy would be the most helpful for them, and provide information on how to file for bankruptcy.

What is a lawyer?

Lawyers are employed in law firms or private practices and usually advise clients about their legal issues and how to move forward. Attorneys consult with clients like lawyers do, but are much more likely to go beyond the initial consultation and represent the client in courtroom proceedings.

What is a counsel lawyer?

Counsels are lawyers who are employed by a company or organization. Not being employed at a law firm, counsels act solely on behalf of that company or organization. These three lawyer titles within the legal field present unique work opportunities and distinct salary differences to those employed in them.

What is the job of a personal injury lawyer?

Primary duties: A personal injury lawyer is responsible for helping clients who have sustained injuries, whether it be through a car accident or an injury acquired on a company's property. They plead their case to help a client get compensation for their injury.

What is the primary job of a family lawyer?

Primary duties: A family lawyer can be employed to help clients in several family-related matters. They are involved in defending a client in divorce proceedings, child custody battles or child support claims.

1. You are Getting a Divorce

The legal process of a divorce is dependent on the state in which you live. Some states are so-called “community property” states, where material goods are divided equally, no matter why a couple is getting divorced.

2. You are Dealing with Custody of a Child

A family law firm is going to offer services regarding unpleasant family situations such as guardianship, child support, child adoption or domestic abuse. A family attorney is also usually going to be able to handle divorce settlements or be able to recommend an attorney for that purpose.

3. You Need to Write a Will

The execution of a last will and testament is the stuff of thousands of dramatic TV shows and movies. But the reality is very close to the artistic, in that a contested will can break up a family if handled improperly. Dying without a will can leave a sticky mess for someone else who has to clean up any legal problem.

4. You Are Buying a House

In most cases, it is not necessary to hire an attorney to purchase a home. However, 22 states in the U.S. require that homebuyers are represented by an attorney.

5. You Have Been Injured in an Accident

You’ve seen the TV ads. Legal representation in cases of personal injury in a public place, including a car accident, or workplace is indeed essential if you have medical bills to pay due to the injury. A personal injury lawyer can also represent you in cases where your injuries (head trauma as an example) do not become evident immediately.

Why do I want to sue a company?

There are many reasons why you might want to sue a company. If you were injured by a product they made, you need an lawyer who handles product liability claims. If you were hurt at work, you need a workers’ compensation attorney. If they violated your rights as an employee, you need to contact an attorney who handles employment discrimination. If you were hurt in their property, you need an attorney who handles personal injury/premesis liability. If you contact me or post a follow up to your question, I would be happy to help you narrow down the kind of lawyer you need.

What are you alleging this company did to you?

What are you alleging this company did to you? Did you suffer damages for which you have tangible proof? Or did someone at the company merely hurt your feelings? Or were your feelings hurt because this company terminated your employment? Look for a attorney who handles civil cases. Be prepared for him or her to decline to work with you if they determine your allegation is either frivolous or not provable.

Do you need a lawyer to win a small claims case?

If it's a small claims court case- file away. But if it's a case worth taking to court, then the assumption should be it's a case worth winning. And if it's a case worth winning….then you need a lawyer to win it.

Is investing in real estate complicated?

Investing in top performing real estate shouldn't be complicated.

Can you recover compensation for a car accident?

You may be able to recover compensation for your injury. Contact our lawyers for a free consultation.

Can you sue the government if you haven't been declared a vexatious litigant?

In the US, if you haven't been declared a vexatious litigant, you may sue anyone (except the government) you please. The government can only be sued where it has waived immunity by statute.

Why are new partners required to buy in to a firm?

Why are new partners required to buy-in to a firm? Unless you are being offered a salaried partner role, as a partner in a firm you are also an owner of the firm. This means that you’ll be required to buy an equity stake, or as it is often known ‘buy-in’ to their firm.

How is a new partner buy-in amount calculated?

The new partner buy-in amount is typically based on a proportion of the firm’s accrual basis balance sheet. Nowadays firms tend not to add in large goodwill factor to their buy-in calculations.

image