why a small buisness needs a small business lawyer

by Sandy Schroeder 8 min read

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: Ensure compliance: A lawyer can help make sure that your business opens and operates by federal, state and local laws.

To help the business mitigate any lawsuits
Through drafting contracts and adhering to state requirements, attorneys help your company avoid potential lawsuits. An attorney is the voice of reason that knows the law and does their research to ensure every decision reached stays on the lawful side of things.
Mar 29, 2021

Full Answer

Why do entrepreneurs need lawyers?

Whether it's the legal complexities of starting, incorporating and running a business to the specific needs for reviewing a contract, hiring and firing employees, protecting intellectual property or a trademark, being sued by a customer, resolving business disputes or more, having a good lawyer can make a big ...

What type of business does not require an attorney to set up?

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.

Why is business law important in business?

Businesses need these laws for the same reasons that people do: to define unacceptable behavior, to provide certainty and stability, to protect the public, and to provide a mechanism for businesses to resolve disputes.

What are multiple reasons you need a lawyer for a startup?

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...•

What's the difference between a lawyer and an attorney?

People often confuse the words attorney and lawyer, believing them to serve different functions. However, the only real difference between the two is the region in which the word is used. They are effectively the same thing in terms of law, whether that be commercial, corporate, commercial law or contract law.

What is better LLC or sole proprietorship?

A sole proprietorship is useful for small scale, low-profit, and low-risk businesses. A sole proprietorship doesn't protect your personal assets. An LLC is the best choice for most small business owners because LLCs can protect your personal assets.

What are 3 types of business law?

What Are the Different Types of Business Law?Taxes. Some businesses need a business lawyer with tax experience to help them figure out their various tax obligations. ... Employment Law. This section of business law deals with ensuring employees get fair treatment in workplaces. ... Contracts. ... Intellectual Property. ... Bankruptcy.

What do business laws protect?

Business law is a section of code that is involved in protecting liberties and rights, maintaining orders, resolving disputes, and establishing standards for the business concerns and their dealings with government agencies and individuals.

What is the objective of business law?

2.2 Objectives of Business Law 1 To explain the framework within which business activities shall be carried out. 2.2. 2 To raise an issue to various legal and semi-legal authorities against the government in case the legal rights of the business have been violated.

How can lawyers help Startups?

Lawyers can help with their network: Startup lawyers have a rich network of people and companies in the ecosystem. We work with and are associated with entrepreneurs, investors, incubation centers, accelerators, co-working spaces etc. Entrepreneurs find it difficult to get access to these networks.

What makes a good startup lawyer?

A firm with a strong VC practice has deep relationships with investors that can be helpful to startup founders as they fundraise, and your lawyer should be willing to introduce your company to investors when the time is right. Investors may include individuals (angels), VC firms, and corporate/strategic partners.

What business can a lawyer start?

Sure. In theory, there is nothing stopping a lawyer from moonlighting. Personally, I started a restaurant while working as a law firm partner. I've known lawyers who had side businesses as personal trainers, artists, screenwriters, musicians, writers, and refurbishing antique furniture.

What can a tax attorney do for a small business?

A tax attorney can help you understand the laws associated with and the implications of your business transactions. They will also be able to advise on with tax status is most advantageous for your small business, especially when deciding between C Corp and S Corp designation.

What are the major sources of small business lawsuits?

Employee disputes are a major source of small business lawsuits. Tort cases, which include damages for things like employee discrimination, slip and fall cases, or even wrongful death suits, make up another 11% of civil cases. As a business’s workforce grows larger, business attorneys often step in to help with labor law compliance and to resolve wrongful termination lawsuits.

Is it a good idea to hire a lawyer?

Yes, it’s true that legal fees can be a bit hefty and this can be a burden on small businesses. This is especially true at the very start, before you’ve likely even started turning a profit. However, the beginning of your company can be a very good time to hire on a business lawyer, as they can help you to ensure everything is set up correctly.

What is a business lawyer?

A business lawyer can quickly help you realize when you need additional help – especially with complicated tax matters, or any other specialized assistance. A well-connected business lawyer will be able to quickly refer you to other professionals that can provide the assistance and the guidance that your business needs.

Why is it important to have a lawyer on your team?

Having a lawyer on your team can tilt the field to your advantage in the event of a lawsuit. If you are threatened with legal action, having a lawyer already on your team means that he already knows your business, which allows him to hit the ground running. Even more importantly, a savvy business lawyer will have constructed your business ...

What to do if a client owes you money?

If a client, vendor, partner, or other associate owes you money and is dragging his feet on the matter, by simply asking your lawyer to send a request on your behalf, you can motiva te immediate action. In the event that this alone is not enough to convince the individual to pay, your lawyer will know what your next steps should be in order to collect the money you are owed.

Is it good to have a lawyer for a business?

This proves true for both experienced entrepreneurs and young business owners who are just getting started. A good business lawyer, with specific knowledge of your business, will help you avoid problems that you did not know existed, which can save you huge amounts of money and stress.

1. Solve legal disputes on time

Legal disputes can bring your business to a halt. If you already have a business lawyer in your team, you can save time solving most of the legal issues. Having a lawyer in your team means you have someone who understands your business in and out, and he can hit the ground running.

2. Avoid legal mistakes

There are a lot of mistakes a small business can make without being aware of. If you are just getting started as an entrepreneur, you will likely face pitfalls that may result in your business collapsing.

3. Refer you to experts when you need help

An experienced business lawyer will know when your business needs special assistance and help you get experts in that field. When you need additional help on legal issues like filing business taxes, an attorney can help you in time.

4. Improve your chances of getting paid

Dealing with debtors is one of the most challenging things for most small businesses. In most cases, when clients owe your company some money, and they are taking ages to pay, you may reach out to your lawyer to send a request on your behalf. When this happens, you can motivate your clients to take immediate action to pay.

5. Ensure all contracts and legal agreements are genuine

When you are getting to a contract or securing a tender, your business needs a lawyer. In most cases, small businesses forget the importance of having a solid arrangement until it’s late. When you get into a contract that you don’t understand, you are more likely to breach the contract and meet hefty penalties.

Final Thoughts

If you own a small business or you are looking forward to starting one, you should not forget to include a business lawyer in your team. Most business attorneys are well conversant with all the legal formalities required when registering your business.

Why do businesses need an attorney?

An attorney is a necessary element to protect your business’s short and long-term interests, and can save you time and money. Think of a business attorney as a cost of doing business, rather than as an expense related to repairing problems. About the Author.

How can an attorney help a business?

An attorney can pinpoint typical problem clauses in contracts related to assignment, termination, and dispute resolution.

What is an attorney's problem clause?

An attorney can pinpoint typical problem clauses in contracts related to assignment, termination, and dispute resolution. More specifically, if your contract does not have an anti-assignment provision, the other party may be able to assign the contract to a third-party with whom you do not want to do business.

What is a business attorney?

A business attorney is a resource that business owners should have in their portfolio of business advisors for consultation on a variety of issues. If you’re a small business owner, you may need a business attorney at certain times more than others; however, you should always have an attorney at your fingertips.

Why is it important to involve an attorney before a lawsuit?

While there are costs associated with involving an attorney before a lawsuit occurs, those costs can be minor compared to the cost of litigation. Involving your attorney at an early stage can help you avoid situations that increase your business’s liability exposure, and save you money in the long term.

Can a business terminate a contract without consulting an attorney?

Maybe the contract does not allow the business to terminate the contract without giving the other party the chance to cure the breach of the contract.

Can an attorney change a contract?

Similarly, your attorney can change the contract to require that the parties mediate disputes before running to the courthouse, which may save your business money if a dispute arises. These are simply things that your attorney can do before a contract is signed that may save you money down the road.

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