| When you choose a lawyer for your home-based business, there are several
considerations to keep in mind.
Experience
First, you will want a lawyer who has experience in business and commercial
law. Knowledge of the substantive area of your business is also helpful.
Ask the attorney to discuss his/her specialty; if the answer includes
several areas of practice, the next questions should be the percentage
of the practice devoted to business and commercial law. You may also want
to ask the attorney how many years he/she has practiced in the business
arena and what percentage of clients have similar legal issues.
If the school(s) attended is an important factor to you, ask the attorney
where he/she received his/her undergraduate and law degrees. At a minimum,
the attorney should be a member of the bar of the state in which you conduct
your business; membership in voluntary local or specialty bar associations
indicates a further involvement and interest in the practice of law. You
may prefer hiring an attorney whose office is at home, since such an attorney
would have first-hand experience in understanding the issues that face
a home-based business.
Cost
Second, the cost of legal services is a matter of important. Be straightforward
with the attorney and ask about the hourly rate, whether a retainer or
engagement fee is required and, if so, in what amount. Be sure you understand
when you will be billed, when payments are due, when service charge on
unpaid balances are incurred, and at what rate.
If you have a ceiling on the amount you wish to spend on a certain matter,
tell the attorney that in the initial conversation. Ask the attorney to
give you an estimate of what it will cost to have a certain issue resolved.
Also, the attorney should have a written fee agreement for you to sign;
you may want to ask for a copy of it before you make a final decision
on whether to hire that particular attorney.
Convenience
A third factor is convenience. Is the attorney’s office in a location
convenient to you, or can the attorney meet with you at your home office?
What is his/her accessibility by phone? Ask him/her within what time period
phone calls are returned. Most attorneys have a policy of trying to return
calls within the next business day. Ask the attorney for a time estimate
of resolving a particular matter that you may have as an indication of
his/her responsiveness.
Trust
A fourth important factor in selecting an attorney is trust. You need
to feel comfortable talking to your attorney because you will have to
reveal details that may be unfavorable to your situation. You may need
to talk about finances; you will certainly have to make a full disclosure
of the facts of a given situation for which you seek legal advice. Your
comfort level needs to be at a point where you can discuss even very personal
issues. And, it helps to like your attorney because that will make your
relationship more pleasant and open.
Comparison Shop
When you choose an attorney, do some comparison shopping. Call two or
three and ask the questions suggested here. See how responsive they are
about returning your call and what kind of treatment you receive. Pose
a simple legal problem as a hypothetical and test the reaction to it.
Early Warning
Early identification of legal issues is essential. A lawyer can generally
do a lot more to help you in an effective way if you engage his/her services
before getting into an undesirable situation. For example, if you are
going to enter into a contract for services, show the agreement to your
attorney before signing it. If you need a contract to use with independent
contractors or those you hire, ask the attorney to draft it or to review
what you have drafted, before you actually use it. Similarly,
if possible, consult an attorney before receiving papers regarding a lawsuit;
go to him/her if a suit is merely threatened or sensed.
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