3 Things to Look at When Considering Hiring A Lawyer to Assist With Business Legalities

Find the right business attorney to help you navigate common legal issues – everything from taxes to employment rules.

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Have you heard the one about the lawyer who gave his client great advice and saved her from financial ruin? Probably not. Most lawyer stories are jokes. They portray the lawyer as a buffoon or crook. We all chuckle at these jokes – but they mask an important fact: A competent lawyer can help protect your business and aid in its growth.

Almost every business needs legal help from time to time. You may need a lawyer to review a lease, prepare a contract, sue someone or defend your business if it gets sued.  You may need one to advise you about an employee problem, or to revise your corporate bylaws.

If you don’t have a lawyer now – or you’re not happy with the one you have – here’s how to find one who is right for you.

TAKING NAMES

Start by gathering names of experienced business lawyers:

• Ask other business owners and managers for recommendations.
• Get names from your family lawyer if he or she doesn’t normally handle business matters.
• Check with members of your professional team: your accountant, banker, and insurance agent. These folks usually know who’s who in the legal community, and can point you in the right direction.
• Go online. Check sites such as lawyers.com, findlaw.com, and avvo.com for business lawyers in your city. You can learn something about each lawyer’s background on these sites, and also on the lawyer’s own website.

TAKE SOME MEETINGS

The next step is to meet with the top prospects to see which ones might be a good fit. Call to set up meetings. Explain that you’re looking for a business lawyer and would like a 20-minute conference to learn more about this lawyer’s practice.

If you leave a message with the lawyer’s secretary and the lawyer doesn’t call you back the same day or the next day, that’s a bad sign. If you wind up hiring that lawyer, you may not get called back when you have urgent business to discuss.

When you get to the lawyer’s office, are you greeted courteously? Does the office look orderly and professional? Does your meeting start promptly?

During your meeting, ask about the lawyer’s professional experience. What percent of the lawyer’s work is for businesses? Does he or she handle most tasks personally, or hand them over to an associate or legal assistant? Does the lawyer do litigation as well as transactional work?

Does the lawyer do some work for a fixed fee and other work on an hourly basis? What is the lawyer’s hourly rate?

You might feel it’s important to hire a lawyer who has represented other clients in your industry. If so, inquire about this. Familiarity with your industry can be a plus – but you may feel uncomfortable hiring a lawyer who represents a major competitor.

While you’re asking questions, there’s something else that’s as important as the answers you’re getting: What’s your personal rapport with the lawyer? Are you comfortable with the lawyer’s personality? You sure don’t want a lawyer who seems arrogant or condescending. The lawyer-client relationship should be based on mutual respect.

WORK YOU NEED DONE

Even the most experienced business lawyer won’t be able to handle every legal situation.  If you’re not sure the lawyer you chose can deal with a specific legal issue, ask about his or her experience in that area of law. Most lawyers are ethical and will give you an honest answer. If necessary, your lawyer should refer you to someone with specialized knowledge – or consult with a specialist.

What types of legal issues may require additional help?  Here are some examples:

Taxes. Most business lawyers will know something about business taxes. But if you have an unusual or complex tax issue, a tax specialist may be needed.

Intellectual property. You’ll probably need specialized help if you’re dealing with a patent, copyright, trademark, or trade secret.

Employment issues. While your day-to-day business lawyer will be able to take care of routine employment issues – such as helping with the forms you need when hiring an employee – you may need an employment law expert for more difficult issues. For example, you may need special help if you’re about to fire a problem employee. You don’t want to open the door to a wrongful discharge lawsuit.

Environmental problems. Your business lawyer probably won’t have much experience with laws involving pollution. You or your lawyer may need to call in someone who has in-depth knowledge.

Ordinarily, a business lawyer in a solo practice or a small firm can do an excellent job representing you and your business. If a specialized issue comes up, he or she can bring in a specialist or refer you to one. A business lawyer in a larger firm may simply tap a specialist within the firm for additional help.



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