when your business needs a lawyer

by Dr. Juliana Bradtke 9 min read

When startups need lawyers

  • Form of business. There are many legal self-help resources available to help you form a corporation, partnership or LLC...
  • Patents and trademarks. Every business should trademark its logo and other identifying brand marks. There’s plenty of...
  • Contracts. Unfortunately, no matter how well you think you know someone, you need a contract to...

Full Answer

Is an attorney essential when starting my business?

Jan 16, 2018 · When Do I Need a Business Lawyer for My Small Business? Issues You Can Handle on Your Own. There are certain matters that are fairly straightforward and/or not unduly difficult... Issues Where You Will Need a Business Lawyer. Most of the issues outlined above can be handled by any intelligent... An ...

What is the job description of a business attorney?

Jul 09, 2019 · When startups need lawyers Form of business. There are many legal self-help resources available to help you form a corporation, partnership or LLC... Patents and trademarks. Every business should trademark its logo and other identifying brand marks. There’s plenty of... Contracts. Unfortunately, no ...

What does a corporate lawyer actually do?

May 23, 2014 · 1. Look for the right qualities. You want a lawyer who is thorough and aggressive enough to fight for you, but you also want someone who’s personable and can relate to your needs. She or he should...

Should I hire an attorney?

Mar 05, 2022 · What To Do When You Need a Lawyer Research Lawyers in Your Area. Most communities have several lawyers to choose from, but because they have many areas of... Ask for Recommendations. Ask people in your community for recommendations on attorneys they have used in the past. Schedule Consultations. ...

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What do small business owners spend most of their days on?

Small business owners spend most of their days focused on the nitty-gritty, like marketing their businesses, managing employees and serving customers. One area that tends to take a backseat: legal concerns.

What to do if you are hit by a lawsuit?

Having a relationship with a lawyer before you need one can ensure you have someone to turn to in an emergency.

Why do you need a contract?

Make sure your contract is clearly written, outlines the scope of work and payment, and covers all the possibilities that could go wrong.

Can an attorney represent you in court?

If you need to escalate the situation and take the client to court, an attorney can either represent you or offer advice.

You may not need to hire a lawyer as soon as you think when starting a business

Once you have a great idea for your start-up business, do you need to hire a lawyer to help you get started? Not necessarily. A lot of the initial steps related to choosing and forming your business entity you can do on your own.

Deciding on Your Business Structure

You will need to decide what type of ownership structure makes sense for your new business. Most states have information on their secretary of state (SOS) website about the different types of business entities you can choose from—solo proprietor, LLC, corporation, and partnership.

Checking for Name Availability

Choosing a name for your business is another initial step you will need to take. While there are some legal requirements related to naming your business, this can usually be done quite easily without the help of a lawyer.

Forming Your Business Entity

Once you have decided on the business structure and a name of your new business, you are ready to form your business entity. If you've decided on a sole proprietorship or partnership, you won't need to file any forms or pay any fees (although partners should enter into a partnership agreement).

Operating the Business

Once the formation tasks are done, you can focus your energy on getting your business up and running, figuring out the best way to sell your services or products, and creating the online presence you want.

What do business lawyers do?

General business lawyers handle business formation, contract writing, and more. But in many fields of the law, lawyers tend to specialize. You might find a lawyer to handle: 1 Real estate: buying, selling, and leasing real property 2 Employment: issues regarding laws about the employer-employee relationship 3 Taxes: planning for taxes and dealing with tax agencies 4 Litigation: when a dispute turns into a lawsuit

What do lawyers do?

But in many fields of the law, lawyers tend to specialize. You might find a lawyer to handle: Real estate: buying, selling, and leasing real property. Employment: issues regarding laws about the employer-employee relationship. Taxes: planning for taxes and dealing with tax agencies. Litigation: when a dispute turns into a lawsuit.

Why is it important to find a lawyer?

Especially if there is a sizeable estate, tax issues, or a complicated or extensive distribution plan, it is important to find a lawyer to be sure things are done right. You Are Adopting A Child. Adopting a child is an important matter, and an attorney will assure things are done right. A Contract Is Needed. It is essential that you understand the ...

What to do if you don't understand the terms of a contract?

If you don’t understand the terms, or how to prepare a contract, consult a lawyer. If you need a complex business organization (multiple entities), have complex tax matters, need to file for a patent, or become involved in litigation, hire a lawyer.

Is it cheaper to hire a lawyer?

The Value of Hiring a Lawyer. Legal services generally do not come cheap. The more complicated your legal problem, the more you will need legal advice, and the more it will cost for legal help. In some cases, it can be much more costly to try to represent yourself.

What happens if you are charged with a crime?

If you are charged with a crime, including domestic violence, tax fraud, or even some motor vehicle offenses (such as driving under the influence, vehicular homicide, or so many unpaid parking tickets that an arrest warrant has been issued), hire an attorney. You Could Lose A Lot of Money.

Do you need a lawyer to administer an estate?

In these cases, it may not be necessary to hire a lawyer.

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 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.

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 are the two legal categories?

Two Legal Categories – A Short Explanation 1 Civil Law: This area of law covers all legal issues that do not involve criminal activity or breaking the law. Generally, one party sues another because they have been “wronged” in some way and want some type of compensation for that “wrong.” Civil law also covers legal agreements, real estate transactions, divorces, child custody, and other matters where legal paperwork is necessary to protect all parties involved. 2 Criminal Law: This area of law relates to offenses that break the laws of a local, state, or federal governments. The prosecution is handled by lawyers employed by the governmental entity, and the defense is handled by either a publicly appointed defender or a private defense attorney whom the defendant pays. In criminal law, there are misdemeanors (small offenses) and felonies (more serious crimes).

What is civil law?

Civil law also covers legal agreements, real estate transactions, divorces, child custody, and other matters where legal paperwork is necessary to protect all parties involved. Criminal Law: This area of law relates to offenses that break the laws of a local, state, or federal governments.

What is a complex divorce?

1. A Complex or Nasty Divorce. When couples mutually agree on all of the details of a split, there is no real need for a lawyer. When, however, there are issues of property, investments, savings, support, debt, and child custody arrangements, only a fool neglects getting legal representation.

What happens if you are sued?

Law Suits. If you are being sued and the consequences of a loss may result in the loss of a good deal of money or property, you need a lawyer. Again, the other side has a lawyer, so you need to get one too. Most of these things are settled out of court, but you want an experienced negotiator on your side. 4.

Can you go to court for DUI?

A good lawyer can meet with the prosecutor and get the charges reduced, especially if this is your first offense. Never go to court on a DUI charge without a lawyer — unless you are willing to accept the maximum penalty.

Is a public defender better than a private attorney?

Defendants who have personally hired attorneys always fare better than those who do not or those who take a public defender. Remember, a public defender is on case overload, and will usually recommend a plea bargain that will be worse than what a private attorney could get you. If you qualify financially for a public defender, still try to find a friend or relative willing to pony up the money for a lawyer.

Is it scary to face a criminal charge?

Facing any criminal charge is scary, and you may not even know your rights as an accused person. Get a lawyer immediately for protection of your rights and so that you are defended as well as possible — guilty or not.

What does an agent do for a business?

An agent will assist in advertising that your business is for sale, which can in turn bring in more offers. Additionally, an agent can advise selling owners of whether specific offers are worth considering. Purchasing an existing business has numerous benefits, for both the purchaser and the seller.

Why do people sell their businesses?

There are several reasons to do so, but the most common reasons for selling a business include: It would be a better investment to sell the business. When a business owner decides to sell their existing business, they will need to be ready to commit some time to organizing all of their financial documents .

What is the process of selling a business?

The process of selling a business is complicated and requires a thorough knowledge of not only business law, but local laws as well. An experienced business attorney can guide you through the selling process and ensure you have obtained all necessary documentation for the sale of your business.

Why is succession important in business?

Because of this, business succession is frequently used to address future business sales. Although the sale of a business can result from long-term planning, it is more common that the sale of a business results after unforeseen consequences. The most common example of this would be a loss of profit.

What is a business purchase agreement?

A business purchase agreement may also be known as a sale of business contract, or a business transfer agreement. It is utilized to transfer business ownership from the seller to the buyer. A business purchase agreement most commonly includes the following information:

What is a clause in a contract?

A clause which states that both parties must agree to and approve of any changes to the agreement, in writing; How long the buyer has to inspect the building that houses the company; The state whose laws govern the agreement, generally the state in which the company exists;

What should a business succession plan include?

A business succession plan should include: Approximate dates or time frames when succession will begin;

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Deciding on Your Business Structure

  • You will need to decide what type of ownership structure makes sense for your new business. Most states have information on their secretary of state (SOS) website about the different types of business entities you can choose from—solo proprietor, LLC, corporation, and partnership. There are also many online and other resources available to help you understand your choices. F…
See more on nolo.com

Checking For Name Availability

  • Choosing a name for your business is another initial step you will need to take. While there are some legal requirements related to naming your business, this can usually be done quite easily without the help of a lawyer. The first thing you will need to do is check whether the name you want is available in the state where you plan to form and operate your business. Most states hav…
See more on nolo.com

Forming Your Business Entity

  • Once you have decided on the business structure and a name of your new business, you are ready to form your business entity. If you've decided on a sole proprietorship or partnership, you won't need to file any forms or pay any fees (although partners should enter into a partnership agreement). If you have decided you want to form an LLC or corporation, you'll need to file organ…
See more on nolo.com

Operating The Business

  • Once the formation tasks are done, you can focus your energy on getting your business up and running, figuring out the best way to sell your services or products, and creating the online presence you want. Depending on what your business does, you may need to create contracts or different types of agreements for the services or products your business offers. You'll also need …
See more on nolo.com