why it is important to have a lawyer help with a start up business

by Kathleen Pfannerstill 5 min read

Hiring a lawyer will help make sure your business is legal and prepared for success. If you’re starting a business, it’s important to hire a lawyer as soon as possible. An experienced business law attorney will understand the legal requirements of starting a business in your state and provide you the necessary paperwork needed to get started.

Full Answer

Why do I need a startup lawyer?

Oct 21, 2019 · Having an initial consultation is the best way to determine if and how a start-up attorney is right for your business. The important thing is not to wait until it is too late. Your attorney can help you put out fires before you can even smell smoke. Building a solid, legal foundation for your business set you up for success. Best Lawyers

Do I need a lawyer for my business?

Nov 16, 2017 · 10 Reasons You Should Hire A Lawyer When Starting A Business November 16, 2017 / in Business / In this article: Hiring a lawyer will help make sure your business is legal and prepared for success. 1. A Lawyer Will Set You Up for Success 2. Connect With Investors 3. Correct Mistakes Before They Cause Problems 4. Avoid Legal Problems Early 5.

Why should you hire a lawyer?

Here's why having a lawyer for your business is very important. Along with legal requirements, there can also be litigations, disputes, etc., that need preparation beforehand in order to avoid serious consequences. A lawyer is the person that can help you with all of these and much more by way of their expertise and knowledge on the subject.

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

Mar 27, 2020 · Here are seven reasons why you need to link up with a lawyer in order to see your company launch successfully. 1. Understanding liability and risk Personal liability means that your home and other personal assets could be at risk as different business forms offer different types of protection.

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1. Incorporation

Incorporating your business creates a legal separation between the individual entrepreneur (s) and the business itself, possibly shielding you from personal liability for the business’s debts and other liabilities.

2. Partnership agreements

Where there is more than one founder, a Partnership Agreement (operating agreement or corporate bylaws, depending on your entity's form) is essential to resolve future conflicts and avoid expensive litigation.

3. Employment Issues

As your business grows, you’ll start hiring employees and contractors.

4. Protecting your Idea

At the core of many new startups is an innovative idea or invention. Needless to say, protecting the heart of your business is essential. If the invention is patentable, an IP lawyer can help you file relevant patent applications.

6. Navigating the Regulatory Environment

Depending on the nature of your startup, you might be subject to any number of regulations that affect your business. It is important to understand the FDA, environmental, zoning, pharmaceutical and the gamut of other regulations that may affect your businesses.

7. Generating Website Documents and Dealing with D ata Privacy Issues

If any part of your business model involves the use of a website (and it likely will), you should consider implementing user agreements. These agreements detail the user code of conduct, disclaimers of warranties by the website and disclaiming liability for any links to third party sites.

8. Issuing Stock to Co-Founders

Once you incorporate, you might want to issue stock to co-founders and/or stock options to employees. Where there is a team of co-founders, it is in the company’s interest to ensure that all members contribute materially to the business.

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.

Do businesses take part in contracts?

Most businesses take part in contracts in one way or another. Whether they are renting real estate for their storefront, creating an agreement with a vendor or service provider, or making agreements between partners, investors, and employees, contracts are a part of the business.

What is a business form?

Business Form. When you initially set up your business, you have to make decisions about your company’s structure. Even selling handmade crafts at local festivals requires a business structure. Your structure will dictate the legal responsibilities and potential liability of business owners.

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 a sole proprietorship?

Your small business attorney can help you make the right decisions. 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.

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 there a limit to the number of shareholders?

They have no limit to the number of shareholders they have and are taxed on corporate profits and shareholder dividends. An S-Corp has a similar liability structure. There is a limit to the number of shareholders, and owners report their share of the company’s profits or losses on their personal tax returns.

How can a business lawyer help you?

A business lawyer can help you build and maintain good relationships with your customers, clients, partners, and suppliers by creating the appropriate communications vehicles. If you are asked to sign agreements and contracts with others, a lawyer can review them for you and keep you out of trouble.

Why is hiring a lawyer important?

Hiring a business lawyer is just one step that positions your business for success. There’s no telling what types of challenges you and your business will face during your venture, which is why it’s extremely important to prepare for the worst.

What does a lawyer do?

Lawyers work with a lot of people. Some may even able and willing to introduce you to some of their connections in a way that benefits your business. In addition to minimizing risk, an attorney can help you maximize value. A good lawyer can tell you about special tax benefits of one type of incorporation vs. another type.

Can a company founder get into trouble?

It is possible that a company founder can get into legal trouble to the extent that the federal government starts an investigation. Issues can stem from IRS filings or financing laws or securities questions, or any of a dozen more possibilities. A business transactional lawyer has the experience to help you with the legal maze you will face.

Can an inexperienced entrepreneur take on unnecessary liabilities?

Inexperienced entrepreneurs can take on unnecessary or unusual liabilities and dilute or spread equity too much. Before signing any terms, it’s a good idea to have a lawyer advise you on the soundness of the agreements you make. You can avoid traps from investors who want to take advantage of you. 10.

Do small business owners need an attorney?

Regardless, owners need a small business attorney at the ready to fight for their company when such situations arise. An attorney who isn’t going to hesitate to advocate zealously for clients can level the playing field and even help resolve issues before they become much larger problems.

Who said "Nothing is certain except for death and taxes"?

Most attribute that quote to Benjamin Franklin when he included it in a letter in 1789, although there is debate about the origin of that statement.

It can depend on factors unique to you and your business

Jean Murray, MBA, Ph.D., is an experienced business writer and teacher. She has taught at business and professional schools for over 35 years and written for The Balance SMB on U.S. business law and taxes since 2008.

Examine Business Needs

Whether you need an attorney to start your business depends in large part on what legal type of business you're starting. The simpler your business, the less you'll need an attorney.

What is a lawyer's job when starting a business?

When starting a business that involves customer information, the lawyer will be able to draft policies that will ensure that customer, user, or client information is protected under the law. He/she will be able to identify which of the customer information needs protection in your business.

What can a lawyer do for a company?

If you’re starting a company, a lawyer can guide in establishing various corporate governance practices that successful businesses use in their daily operations. Some of these guidelines include taking minutes of meetings, holding elections for various posts in the business and holding annual shareholder and delegate meetings.

What is the job of a lawyer?

A lawyer’s job will be to set up your business so that it can have a strong legal footing right from the get-go. A good attorney can advise you on what you’d need for you to be legally in business, including matters to do with registration, licensure, constitution, memoranda, and so forth, all depending on the type of business organization you ...

What is a good business lawyer?

A good business lawyer will also help in drafting employment agreements that comply with the law while ensuring they are in the best benefit of the business. These may include non-disclosure agreements, employment contracts, and non-compete agreements.

Can a lawyer help a business with bankruptcy?

No one starts a business with failure in mind. However, by having a lawyer around, your business will be able to adopt sound exit strategies that will help the business limit its losses. For instance, they could help with filing for bankruptcy, which protects the business owners from further liabilities during its dissolution.

What are the challenges of starting a business?

Starting a business can have many challenges, one of which is defamation cases that are rampant in very competitive fields of the market. To protect your business from such cases, a lawyer will be able to draft policies that protect the business from defamation.

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