Going Legal: How to Find & Work with an Atto ey for Your Small Business

Deciding Whether to Go Legal As a former full-time practicing atto ey and now a small business owner, I have been on both sides of the fence when it comes to the legal issues a business owner may face. This provides me with the distinct advantage of knowing when to call in an atto ey for assistance, as opposed to using another professional, such as an accountant, financial planner, insurance agent, or business coach -- or perhaps handling the matter myself. In addition, my background helps me to select an atto ey that is the best fit for the business matter at hand. Many entrepreneurs have had limited experience deciding whether a matter needs legal attention and, if so, what type of atto ey to retain, how to find the best match, and how to maximize the atto ey-client relationship. As an entrepreneur, it is imperative that you understand when to "go legal," and if you do, how to find and work with an atto ey that is the best fit for your issue. If you are confused about whether your matter needs legal attention or whether you can handle it yourself, try researching the matter on the American Bar Association's Self-Help online center at www.abanet.org. Go to Public Resources, then Legal Help, and then Self-Help. The section is organized by state and is a user-friendly resource for determining whether a matter is complex and needs a legal expert, or whether it is something you can handle yourself. In addition, a good business coach, especially one with a legal background, is a great sounding board to assist you in determining whether an issue is truly legal in nature, and if so, which type of atto ey to retain. You would be surprised how many issues appear legal in nature, but turn out to be business decisions instead. So don't be hasty when deciding whether to go legal! Not All Atto eys Are Created Equal So, assuming you have decided to "go legal" and retain an atto ey, which one are you going to call? If you broke your arm, would you make an appointment with an allergist? If you had an ear infection, would you seek the advice of a surgeon? Of course not! Yet, everyday, many entrepreneurs contact and use atto eys to handle matters for their businesses that are completely outside the realm of what that atto ey specializes in. Yes, atto eys specialize. First, there is the main issue of whether your matter is civil or criminal in nature. Generally (and, thankfully!), the average legal matter an entrepreneur will face is a civil matter. Thus, you will be dealing with a civil atto ey (hopefully in more ways than one). However, civil law is a huge umbrella. Typical small business matters may include incorporation, intellectual property (trademark, copyright, and patent), contract drafting and enforcement, employment or labor law issues, etc. Thus, look for an atto ey that specializes in the area you need help with. Don't be tempted to use your cousin, who is a residential real estate atto ey, to assist you with a complex trademark issue. While this may be tempting in terms of saving money, it may (and often does) cost you more money in the long run if the matter is not handled properly. So match the atto ey to the problem, and you are on the right track. If you are unsure what type of legal issue you are even facing, speak up! Talk to a friend or business colleague that is an atto ey, and ask his or her advice on the type of issue you are dealing with. You can also call the local bar association, or do some basic internet research to find out the area of law you are dealing with There are several sites that provide basic legal information for non-atto eys, such as www.nolo.com, www.findlaw.com, and www.legalzoom.com. This background research will arm you with enough terminology and basic knowledge to make the best match with an atto ey whose legal practice covers the area of your business issue. Finding an Atto ey So, now that you know the area of law, how do you find a good lawyer that practices in that area? The same way you find any other professional to assist you with your business. Referrals from friends, family and colleagues are a fantastic way to find a reputable atto ey. You can also ask your local chamber of commerce, local law school, and local and state bar associations. Still can't find an atto ey that is a great match? Try Martindale-Hubbell's Lawyer Locator online at www.martindale.com. Money Matters If you've never worked with an atto ey before, here are some basics of the legal profession with regard to money matters. Most atto eys charge by the hour, so ask what the hourly rate is, and an estimate of how many hours the matter may take. If the matter is small, or a typical one that the atto ey handles often, there may be a flat fee for the entire transaction instead of an hourly rate. Be prepared to pay a fee for the initial consultation, which is standard, but not a hard and fast rule. In some cases, the atto ey may require a retainer, which is money that you provide upfront that the atto ey works off of as the matter progresses. One thing to consider is that law firms are typically broken down into partners and associates. Partners are essentially co-owners of the firm, while associates are employees, albeit high level professional ones. Who demands the highest rates? Usually, the partners. Thus, ask yourself if you truly need a partner, or can an experienced associate handle the matter. Do you need the best litigator in the firm? Often times, the best litigator may be an associate that is still active in the courtroom, as opposed to a partner that may be more of a rainmaker bringing in business for the firm. In some cases, for very small matters or legal research, even a law clerk or paralegal may do. Ask who is the best match, and don't assume it is always the person whose last name is on the door. Maximizing the Atto ey-Client Relationship I cannot emphasize enough the importance of accurate, concrete, and timely record keeping and documentation when preparing to work with an atto ey, and during the relationship. An atto ey will need to go on a fact-finding mission in order to best represent you and your business. Help your atto ey do his or her job better by coming to the table with all of your ducks in a row. Be prompt in providing requested information, as often legal timelines are at play. Honesty is also vital when working with an atto ey. The best atto ey-client relationships are built on mutual trust and, thus, withholding information can make or break your case. An atto ey needs all of the facts in order to make tough decisions with you about the best course of action for your business matter. Copyright 2009. Lisa Montanaro