Jim Blasingame, The Small Business Advocate IBM Administaff Aflac Palo Alto
Jim Blasingame, The Small Business Advocate
Jim Blasingame, The Small Business Advocate

 
 
 
 
 

 

Choosing a Lawyer for Home-Based Business
By Janice L. Caldwell, Esq..

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.

 
Back To Top
 

 

listen now
subscribe to our newsletter take a survey - get a discount
a motivational minute tell a friend
 

 

 


Copyright © Small Business Network, Inc.