As a business owner, asking the question, “When do I need a business lawyer?” is savvy. It can also be confusing. A simple search brings up countless contradictory responses to the question.
Whether you are starting a new business, or have been operating for a while, deciding to bring legal counsel on board hinges on multiple factors, including the scale of your business, your future business plans, and if you are anticipating or currently dealing with legal issues that may put your business at jeopardy.
How Can a Business Lawyer Help My Business?
Many businesses struggle to operate long-term. According to a January 2024 report from the U.S. Bureau of Labor Statistics, of all businesses established in 2013, about 20% no longer existed in 2014. A decade later, only a third of those businesses were operating.
Cash flow problems and poor demand for a business’s product or service are two potential reasons for business failure. The inability to outsource important tasks, including drafting sound legal contracts, conducting business tax reviews, and handling litigation or intellectual property matters, may also detract from a business’s success.
Hiring a business lawyer serves to protect your business in the present and adds a layer of security for its future.
A business attorney can help with:
- Walking you through establishing a business that complies with both state and federal laws.
- Helping you navigate intellectual property law, ensuring that your business product, service, and brand are protected against theft and that you are not in violation of copyright laws.
- Drafting sound employee and client contracts, incorporating clear language and effective conflict resolution clauses.
- Giving guidance on business tax matters.
- Advising you through a merger or acquisition.
- Acting as mediators during a business dispute.
- Representing you in civil court when you need to initiate legal proceedings or when a complaint has been filed against your business.
These are some of the main ways a business lawyer’s knowledge and experience can be critical for your business’s success.
When Do You Need a Business Lawyer?
Having a business lawyer by your side is always a wise choice, especially for long-term success. If you have already established your business and have been running it for a while, there are specific situations when hiring a business lawyer is important.
- When hiring a new employee or contractor: Adding staff or contractors to your business typically entails drafting new contracts. A business lawyer can ensure you establish an advantageous business relationship while protecting your business.
- When bringing in new clients: A corporate lawyer can help draft effective business contracts that provide clear terms of service and dispute clauses.
- When expanding or rebranding your business: When going through a business rebrand or expansion, you may need a business attorney to ensure you continue maintaining compliance with state and federal laws, and that your brand and any new product or services are protected under intellectual property law.
- When dealing with civil litigation: You need a business lawyer to navigate civil court when facing a lawsuit, for alternative dispute resolution, and if, as a business, you intend to file a claim against a person or another business. The role of litigation is important in protecting your business interests, resolving disputes, and ensuring compliance with legal standards during such proceedings.
Not having a knowledgeable business lawyer by your side for critical legal matters may put your business at risk.
Factors to Consider When Hiring a Business Lawyer in 2024
After deciding that you need to hire a business lawyer, you need to choose the right fit for your business. You should keep the following questions in mind when deciding who to hire as a business lawyer:
- How long have they worked as a corporate attorney?
- Have they worked with businesses in your state?
- Are they knowledgeable about your area of business?
- Can they help you with your specific legal needs?
You should also keep in mind what your budget is for hiring an attorney and whether you are interested in hiring a business lawyer in California to help resolve a specific issue or if you would like to hire a business lawyer on retainer.
FAQs
Why Should a Business Have a Lawyer?
A business should have a lawyer to protect itself in the present and the future. As a business, you may face issues with your employees, contractors, and clients. A business lawyer can help craft solid legal contracts to mitigate damages you may face in your business. Additionally, a corporate lawyer utilizes their knowledge to protect your business’s intellectual property and gives guidance on whether your business complies with state and federal law.
Should a Business Have a Lawyer on Retainer?
Having a lawyer on retainer is a smart choice if you anticipate needing legal counsel for a long period. It may be less costly than paying for individual legal issues to be resolved. Additionally, a lawyer on retainer may be more dedicated to your business and more knowledgeable about its structure and needs as it continues to work with said business.
How Can a Business Lawyer Help My Business?
A business lawyer can help your business in different ways. They can advise you on the right legal structure for your business. Corporate lawyers will also guide you on how to protect your intellectual property and your brand against copyright infringement. A business lawyer can also help you negotiate a settlement and represent you in civil court.
How Do I Hire a Business Lawyer?
To hire a business lawyer, you need to do your research. Hiring a business lawyer who has worked with other businesses in your state is important. Many business lawyers offer consultations. You can contact a corporate lawyer and inquire whether they can assist with your legal matter. During your consultation, make sure to ask about the attorney’s skills and experience and whether they have worked with clients in your industry or on the legal matter you need help with.
Protect Your Business by Contacting a Business Lawyer
There are many advantages to working with a seasoned business lawyer. A skilled attorney can provide support on several business matters, including drafting contracts, handling litigation, and ensuring your business complies with the law. The decision to hire a lawyer requires research, and speaking with an attorney today can help you decide if this is the right next step for your business.
At Lobb & Plewe, our attorneys have worked with clients across California and Nevada, using their knowledge to assist in multiple areas of business. Backed by a strong team, we are there to serve and protect you and your business. Contact our office today to discuss your business legal needs.
