Attorney Facts
To find a lawyer who is familiar with business of your size and type,
ask for a referral from a business colleague, your accountant, the local
Chamber of Commerce, your banker, or some other trusted source. Some local
bar associations run a lawyer referral and information service. Some just
give you names; others actually give information on experience and fees to
help you match your needs to the lawyer's background and charges.
A lawyer can help you decide which is the most advantageous business
structure (sole proprietorship, partnership, or corporation). He or she
can help you with zoning, permit, or licensing problems; health inspection
problems; unpaid bills; contracts and agreements; patents, trademarks,
copyright protection; and some tax problems. Because there is always the
possibility of a lawsuit, claim or other legal action against your
business, it is wise to have a lawyer who is already familiar with your
business before a crisis arises. A lawyer experienced with your type of
venture should also advise you on laws, programs, and agencies - federal,
state, and local - that help small businesses through loans, grants,
procurement set-asides, counseling, and other ways. He or she will tell
you about unexpected legal opportunities and pitfalls that may affect your
business.
In choosing a lawyer, experience and fee should be related. One lawyer
may charge an hourly rate that at first, looks cheaper than another
lawyer's. However, because of a lack of experience in some area, the less
expensive lawyer may charge a larger fee in the long run. Ask for a resume
and check references. If you feel overwhelmed, take a trusted friend to
the initial meeting to help you keep on track as you interview the lawyer
about services and fees.
If you retain a law firm, be sure you understand who will work on your
case and who will supervise the work. If junior lawyers handle your work,
the fees should be lower. That's fine as long as you know an experienced
attorney will be reviewing the case periodically.
Let your lawyer know that you expect to be informed of all
developments, letters, and memos written and received in your case or have
a chance to read them in the lawyer's office.
Ask the attorney to estimate the timetable and costs of your work. You
may wish to place a periodic ceiling on fees, after which he or she would
call you before proceeding to do work that would add to your bill. Always
have a written retainer agreement, describing just what and the lawyer
expect of each other.
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