why do you need a lawyer when organizing a business?

Your business attorney will set up your business so that you, as the owner/investor, are shielded from personal liability in case of debt or lawsuit and that your family is protected as well. Your lawyer will make sure your business strictly follows state law in order to guarantee that your benefits and protections stay in place.

Full Answer

Do I need a lawyer to start a business?

The most common reasons for needing an attorney are: Navigating the many forms and requirements of legal documents, like incorporation documents, that are involved. Assurance the startup is being done right.

Why do I need an attorney to start an LLC?

The most common reasons for needing an attorney are: Navigating the many forms and requirements of legal documents, like incorporation documents, that are involved.

How do you manage the legal process when starting a business?

Navigating the many forms and requirements of legal documents, like incorporation documents, that are involved. Assurance the startup is being done right. Enabling you to focus on other aspects of the business so you don't have to spend time learning the legal processes.

Do I need an attorney to start a home-based business?

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. No specific paperwork is required other than local business licenses, and even that can depend on the exact nature of your business and your area's unique requirements.

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 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...•

Should I speak to a lawyer before starting a business?

But meeting with a small business attorney before starting a business can be one of the smartest moves you'll ever make. A business lawyer can explain how to start a business and answer your business law questions. But more importantly, a lawyer can identify the risks you face and help you minimize them.

What is the importance of law in regard to business management?

Importance of Business Law Business law is mainly aimed at maintaining order, establishing a set of generally accepted standards, resolving disputes, and protecting liberties as well as rights when it comes to business as well as its relation to its customers, government authorities, and other businesses.

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 does a business lawyer do?

A business lawyer is responsible for assisting corporations with legal matters. Their role is to ensure everything done at the company is legal and above board. From mergers and acquisitions to incorporations and bankruptcies, every legal aspect related to the company's business activity will be under your purview.

What legal requirements are needed to start a business?

What Are the Legal Requirements for Starting a Business?Create a LLC or Corporation. ... Register Your Business Name. ... Apply for a Federal Tax ID Number. ... Determine If You Need a State Tax ID Number. ... Obtain Business Permits and Licenses. ... Protect Your Business with Insurance. ... Open a Business Bank Account. ... Consult the Professionals.

Why is it important for an entrepreneur to hire an attorney or other professional prior to the establishment of the new business?

When You Might Need an Attorney for Business Startup. The most common reasons for needing an attorney are: Navigating the many forms and requirements of legal documents, like incorporation documents, that are involved. Assurance the startup is being done right.

How does law affect business?

Governments issue regulations related to environmental practices, employee practices, advertising practices, and much more. Furthermore, government regulations affect how companies structure their businesses, where companies decide to locate, how they classify their employees, and thousands of other things.

Why do businesses have laws?

The purposes and functions of business law include maintaining order, protecting rights and liberties, establishing standards, and resolving disputes when it comes to businesses and their interactions with individuals, government agencies, and other businesses.

Why are legal requirements important?

Not only does it allow employees to understand their rights and responsibilities, but it also helps the business to reduce liability in the case of any mistakes made by the staff.

What are the most important things to do in business?

10. Contracts. Most businesses execute contracts for space, services, and supplies. Businesses often have agreements between partners, investors, and employees. It is important to get it right so you don't end up in court. 9. Registering, Licensing, and Permits.

What are the laws that fill in the gaps for business entities?

Most states have adopted "Uniform Laws" that fill in the gaps for business entities where their charters, by-laws, and other organizing documents are silent. You may be subject to a whole set of laws and regulations that you don't even know exist. 2. Tax.

What are the options within a business entity?

3. Autonomy. With many business entities, the things you don't decide are decided for you.

What are the advantages and disadvantages of different business forms?

Different business forms provide different tax advantages and disadvantages. The only thing more crucial to a new business is liability. 1. Liability. Different business forms provide different protections and risks to the business owner/investor. Personal liability means that your business puts everything you own at risk.

Do I need a lawyer for my startup?

In most cases, you're going to need the services of a lawyer for your startup, perhaps for tax services or employment law compliance. Whatever the reason, make sure you contact the right attorney for your needs.

Can I start a business by myself?

Some people opt to start the business by themselves or with family members, while others have partners or other investors who will not be involved with the day-to-day affairs of the business. The laws that apply to start-up businesses differ based on the specifics of the situation, and even business people who decide to go it alone have options ...

Can I do business in another state?

The preconditions to forming and conducting a business entity in one state may not be accepted in another state. If you are not careful, the protections you have in your home state of operations may be lost if you do business in another state. See the State Business Laws section for more details. 6. Strict Conformity.

Why is it important to hire a business lawyer?

On top of this, it is important to have a business lawyer help make certain decisions such as hiring independent contractors, hiring employees, what questions are allowed to be asked during an interview, etc. as every scenario has specific laws which need to be adhered to. It is important to have legal expertise ready and at hand should any law suits arise.

What is a business lawyer?

Business lawyers are able to draft the paperwork and assist during negotiations of sale and company or asset acquisition. On top of this a good business lawyer will do due diligence in being able to correctly value a business. Helping you get the most from your sale or purchase.

Can a business have a complaint against it?

Often times businesses can have complaints drawn against them by governmental, state or local institutions, this can be followed with an investigation into the company for violation of state and governmental laws. This can arise from an employee laying a complaint against your business to incorrect tax returns. At times like this it is important to have a business lawyer to help you resolve these issues as they arise.

Can a business lawyer help you?

This is a list of just a few examples where business lawyers might be able to assist you and your company. While there are times in which a business owner can handle most of the problems that come their way, there are still complex scenarios which would require legal help.

Is a business lawyer necessary?

A business lawyer is not always seen as a necessity for most business owners. However, without a business lawyer you’ll be at a disadvantage in today’s corporate world.

What does an attorney do when you go to trial?

If you have a case going to trial, regardless of whether you initiated it or are a defendant, your attorney takes care of the hard work. This work includes gathering evidence, interviewing experts, filing motions, examining the other side’s story, and representing you in court. You have a business to run.

Why do you need an attorney to draft a contract?

If you need to draft a new contract, having an attorney help can ensure that your arrangement is legal.

What happens if you choose the wrong entity?

Choosing the wrong entity could result in making you personally liable for the mistake of one of your employees or partners. There are several common business structures that new companies use. These structures can be changed down the road, but making the right choice upfront can save plenty of headaches later on.

What is LLC in business?

A limited liability corporation (LLC) is a hybrid of a sole proprietorship/partnerships and corporations. Owners are not personally liable for the company’s liabilities, but taxes are reported on the owner’s tax returns. There are no shareholders or requirements to hold meetings.

What to do if someone else is suing your company?

If your business is considering filing a lawsuit or if someone else is suing your company, you will want to consult with a Los Angeles civil litigation lawyer. Litigation attorneys know which cases have a good chance of being successful and are familiar with all of the procedures involved.

What is a partnership business?

Partnerships are when two or more people start a business together. While there are no required forms to register, it is often advised to have some sort of contract dictating ownership. Each owner will pay their share of the company’s profits or losses on their personal tax returns. Corporations come in several sizes.

Is a sole proprietorship one person?

Sole Proprietorships are typically one-person operations. The owners remain personally liable for lawsuits filed against the company, and profits and losses are reported on the owners’ personal tax returns. There is no special paperwork needed to form a sole proprietorship.

What You Can Do Without a Lawyer

Of course, you do not need a lawyer for every aspect of your company. There are many things you can do by yourself. However, the question you should always ask is whether it is an efficient use of your time.

What a Lawyer Can Do for You

You can often create your corporation paperwork to file with the Secretary of State using online forms. But, first, you must choose the proper corporate structure for you. There are many factors to consider, namely tax advantages and liability protection.

How to Find the Right Lawyer

Your attorney is an integral part of your team, so you should find someone who understands your business. Among the questions you should ask when hiring a business lawyer is their hourly cost and the types of companies they help.

What is the importance of negotiation with suppliers?

Negotiations with suppliers and partners require proactiveness and strong terms between your business and others —even website or software providers—ensures mutual success. With a lawyer’s help, you can ensure that each contract or buy-sell agreement is comprehensive and binding.

Do sole proprietorships need to be registered?

Sole proprietorships don’t require registration with the state, but lawyers can still help ensure that personal endeavors are also protected at the very start.

Can entrepreneurs solve their own problems?

An entrepreneur can solve some of their own issues, but unless they’ve got a background in law, “they don’t know what they’re doing,” Sussman says. Waiting until a serious legal issue arises— say, a customer sues —will result in a costly scramble without a support system already in place. It’s an investment, but some consider it the cost of doing business for any entrepreneur. Asking around for referrals from others in your field, or those who’ve also started small businesses in your area, is a good idea.

Does the Balance provide tax advice?

BizFilings and LegalZoom offer most documents, which might serve you well if your business is not particularly unique. The Balance does not provide tax, investment, or financial services and advice.

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 ...

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.