9 Reasons a Small Business Needs a Small Business Lawyer
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It should be stated that if your business is well-funded or you feel that you need the assistance of an attorney, you can always retain a lawyer to help you with everything listed above.
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?
Prevention does not necessarily involve hiring an attorney, though consulting with one wouldn't hurt. By the time you or your business is sued, the preventable damage has been done and the only question that remains is how much you'll be paying in attorney's fees, court fees, and damages.
The following is a list of some tasks that business owners should consider taking on themselves (with the aid of self-help resources, online and in print): Researching and picking a name for your business (previously trademarked business names can be researched online)
A Business Attorney can guide you on the applicable regulations, codes, and laws related to hiring employees or independent contractors. The right legal advice will prevent you from possible claims for discrimination, misclassification of employees, or braking state and federal laws.
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.
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.
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...•
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.
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'.
5 People You Should Talk With Before Starting a BusinessYour spouse. One of the first people you should talk with about this new venture is your spouse. ... A lawyer. Starting a business involves a few legal hoops, so you'll want to talk with a lawyer. ... An accountant and trusted advisor. ... A business coach or mentor. ... A banker.
General QuestionsHow long have you been practicing law?What do you specialize in?What are your main roles and duties? What goes beyond that scope?How do you bill?What companies do you generally work with? ... Are you experienced with startups?Are you familiar with the laws of incorporation in my specific state?
Questions you might ask your lawyerDo I have a problem that can be resolved by law?What legal risks am I facing?What documents do I need to support my case?Do I need statements from witnesses?What are my options for resolving the dispute out of court?How can I settle the case?More items...
Legal help for Startups in their business formation and to cover statutory legal compliances results in laying a solid base and hassle-free operations which provides entrepreneurs/ founders/ promoters to focus on the more vital needs such as hiring, funding and finance and other processes to enable growth.
An environmental issue arises and your business is involved (even if your business didn't cause the environmental problem, you may be penalized) Negotiating for the sale or your company or for the acquisition of another company or its assets.
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.
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.
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 ...
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.
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.
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.
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.
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.
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.
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.
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.
Small businesses rely on lawyers to provide legal expertise in some areas, which they might not be well-versed. These include the knowledge to:
The specific scenarios when start-up small businesses often choose to consult a lawyer include:
Retaining the services of a lawyer is not required as a condition of starting a business. In fact, many of the steps of starting a business cited above can be performed without a lawyer. This means the decision to hire a lawyer or go the DIY route depends on your business entity.
LLCs can benefit from a lawyer as these entities often require filing articles of organization (or a certificate of formation) with the state, the appointment of a registered agent and adherence to other regulatory requirements. Therefore, consider creating an operating agreement.
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.
An attorney can pinpoint typical problem clauses in contracts related to assignment, termination, and dispute resolution.
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.
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.
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.
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.
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.