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Practice areas related to Business
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How to find and hire a great lawyer
Do I need a lawyer?
What to Consider When Hiring a Business Lawyer
Business start-up is a very elaborate process and requires a lot of time and input to be put into practice. It is evident that seeking the services of an attorney when forming a business can greatly impact a business in the future. A lawyer can guide you on how to fulfil the legal formalities so as to register for the desirable business form, in addition to enjoying all its benefits. They can assist you with the establishment of your business structures in the form of real estates and other related properties as well as ‘‘soft’’ assets.
For instance, as your business expands, you need a lawyer to help in preparing contracts and conducting transactions. They also can help you on whom to hire, fire or how to promote your employees efficiently without running afoul of federal or state laws and without burdening you with prohibitive legal costs. Seeking professional help in legal matters relieves the uncertain legal entanglements that may occur in the future. Sometimes litigation can only be avoided in rare cases, and then you will definitely need a forceful legal representative when negotiating in a court.
It is not always easy to determine who is the right lawyer for you. A simple Google search can be effective at identifying entries but should not be confined to it. Google can produce a large number of links, many of which contain paid advertising that may not be a good measure of a lawyer’s ability or their ability to work on your case. Likewise, you could take advice from friends or co-workers who hired the services of a business lawyer, but what works for them may not work for you. Each situation is unique. Here are certain guidelines that can help you knowledgeably research and compare attorneys.
Background and Experience
You should prefer a lawyer who has a background in helping such companies as yours. If they are aware of your industry, they will have a better feel of where you are aiming to get to, and they can feel the impending problems. For instance, if you are starting a software company, you would like to deal with a lawyer who has previously helped other companies in the software industry. When you are starting a restaurant, you should engage an attorney who has experience dealing with businesses in the area of hospitality. Your lawyer also should have experience for dealing with the particular issue you require the help with. For instance, if the person in the case is a fired employee you have sued for compensation for termination of employment, you will require the services of a lawyer who has areas of specialization in defending clients against wrongful dismissal claims. Therefore whenever you are involved in an IRS investigation, you should hire a lawyer who specializes in business taxes. Some of the attorneys may hold certain certifications from boards practicing in the state or some may belongs to certain professional bar associations. Perhaps they have been awarded or honored in any way for their legal performance.
Professional Record
Overall, you should seek to get the service of an attorney who has not been penalized for serious misconduct. The record of service of an attorney can be easily obtained by searching him/her on the official page of the state bar that observes a specific state. You may wish to take a look at the specifics of any discipline to see some of the incidents that have provoked it. Some violations are not as severe as others. Even if an attorney had received a very small violation recently while currently in good standing, you may not wish to eliminate them from the list instantly.
However, a pattern of past severe misconduct should be a warning, regardless of positive outcomes for the client attained by the attorney. You certainly do not wish to see your attorney mess up in areas of law that may significantly detriment the future of your business.
Results
More often than not, one can find out about the biggest achievements of a business lawyer on their website or blog. Each case is treated as a unique case and as such you should not go by the outcome given to the previous client. However, if businesses with similar characteristics such as yours have positive performance in the past, it’s good. It may also be helpful if you get to know the areas where an attorney delivers some of their best work if a number of them relate to the type of matter in question.
Initial Consultation
Most business lawyers give out free consultations and there are exceptions which are offered at a relatively low cost. You can schedule a consultation either over the phone or through an online form when you give some details about your case. The consultation is a way whereby the client and the attorney can assess if they are fit to work together. In fact, even if an attorney has a good educational background and accomplishments you should not hire them simply because of that. However, it is important to ensure that you have a lawyer you can rely on that is also more comfortable working with. You should feel that your lawyer has a personal stake in your affair and does not just see you as a reference number. In an ideal world, that means setting up meetings with several lawyers before selecting one to represent you.
Consulting a lawyer means you need to prepare a list of questions so that you can determine if this attorney is the best fit for your case. For instance, you might need to explain your objectives to the judge and ask the likelihood of achieving them according to the law applicable to your case. An optimistic answer may be helpful; however, one should always be wary if an attorney offered guarantees or appeared much more confident in comparison with other lawyers. They may be overpromising. Secondly, it is important to consider the manner in which the attorney speaks about the analysis they have provided to the case. They should be able to justify their work with clear and easily understandable explanations even to a lay person.
Fee Structure
Another issue to discuss at the consultation is fees. Whereas most of the business lawyers work under hourly billing structures, others employ flat billing structures where they are paid a fix price for providing a specific service. If your case presents complications or specific characteristics you are likely to be charged a per hour rate while simple procedures that include filing of articles of incorporation, reviewing an employment contract among others will attract a flat rate. At times, an attorney will request the client to make a down payment also known as the retainer fee. In case the costs of the case are below the retainer rate, the remaining balance of the retainer fee can be returned to the client. Therefore, the fee arrangement must be provided in the representation agreement in that it outlines your expectation as a client and your lawyer.
Learn more about the Lawyergist Lawyer Directory
The Lawyergist Lawyer Directory was created to help you search for, compare and connect with lawyers practicing within your city, county, or state to handle your case. Begin searching the catalogs of business lawyers in your vicinity today.