If you business is large and getting larger or small and doing well you need to start looking for a business attorney. You may say that you know a business attorney is a necessity down the line, but you may not feel it’s necessary for your right now. Well again, once you’re successfully you’re being watched by competitors whether you know it or not. Have you trademarked your logo and tagline? Do you have contracts in place to protect your property and products, even those of an intellectual nature? Are you aware of how to classify those who work for you?
Are you prepared for being in a lawsuit of any kind that may affect your business? Do you even know if your business in it’s current state of success has the right classification? These helpful questions may or may not be things you’ve not thought about. Having a good attorney selected can help answer them all.
It’s very important not to wait until you need an attorney to have one selected. Most business attorneys understand that they may only be needed at certain times of the year and/or if a problem arises. Therefore, don’t be embarrassed to let an attorney know that you’re doing a search to have a qualified lawyer in your corner, should the time come up. The attorney will probably be flattered that they are being considered and usually won’t put you off just because you can’t hire them today.
If you’re just starting out you may want to look for a small firm or a solo practitioner. However as you grow and perhaps need a business office other than a home office, you may need a larger firm with several attorneys who have skills in areas like zoning and negotiating leases for retail space. Of course this will cost more, but as you grow, consider the money spent on a business attorney as an investment and not an expense.
Of course this is a mental exercise to help you feel better about paying the fees, the amount you pay to your attorneys can of course be listed as an expense for tax purposes. The affiliation with a larger firm can really be intimidating to say someone trying to used your trademarked logo. So again, as your company grows consider hiring a business attorney from a larger firm as an investment.
Business attorneys at firms small and large usually have a specialty. Be sure to ask what the area of specialty is for every person you speak with. For instance you may be a freelancer who has to prepare and sign lots of contracts. There are business attorneys who specialize in contract preparation. Make sure that this attorney also understands the nature of your sector or industry so that contracts are in line with the work you perform.
Business organizing and licensing is another area that attorneys concentrate in. You want to make sure your business is registered properly and that you have all the necessary licenses to be in compliance with the law. A business attorney who specializes in this area, can help explain why your business may be best listed as an LLC, as opposed to a Corporation and so on.
Attorneys who special in real estate for business are invaluable when you’ve outgrown your current space or home office. They can help you negotiate lease terms and make sure your new business is in an area properly zones for you particular industry. You don’t want to take chances with your office space. If you are leasing this space, it’s good for your potential landlord to know that you have an attorney in your corner. This will prevent misunderstandings going forward.
So what are the charges for these type of services? It’s good to know that you can pay a flat fee for many services listed. You have to be savvy however and negotiate with your attorney, just as you would with anyone else. Many won’t offer a flat fee unless you ask and if you feel the price is just too high, be pleasant, thank them for their time and let them know you’re going to continue your search. Attorney’s can suffer from a bad economy just like everyone else, so you may be surprised that a bit of haggling may bring a flat fee rate down to your current budget.
Make sure you treat this contract with your attorney just like your other contracts, get it in writing. You may also want to hold back on paying the amount in totality up front. Also ask if you can check references and/or get the names and numbers of others they’ve represented in similar industries and fields as yours. Please keep in mind that issues that concern ongoing time, will probably not be eligible for a flat fee. For instance if you’re in litigation with someone, your business attorney will have to charge an hourly rate. Again, make sure whomever you hire specializes in your situation or you could be wasting large amounts of cash for little or no help.