How To Find The Best Attorney to Represent Your Small Business

So, you’re thinking of starting a business and on your massive to do list is finding an attorney to advise you on the legal aspects of your newly planned venture.  Or perhaps you’re like many small business owners and you’ve attempted to handle many of the legal aspects of the business on your own, but you’re now at the point where your lack of formal legal education is well – showing to say the least.  Now comes the task of locating counsel, someone who will protect your business and truly add value.  One could easily go the phone book (providing you could actually locate one) and select the lawyer who sprung for the biggest ad but I highly recommend against this.  Here are the steps you should take to find your perfect partnership.

Are they Located Where You Operate :  Though it’s not a complete necessity that your attorney is located where your business is located there could be many benefits.  For one, you may be the type that’s more comfortable with face-to-face meetings, or you want an attorney who can actually spend time in your business and truly understand how you operate.  Also, you and your attorney can tap into each other’s networks more easily by attending events together if you are located in the same place.

Who Do They Normally Represent :  Your next-door neighbor’s cousin may be the most awesome criminal defense attorney ever, that doesn’t mean she can counsel you on trademark issues.   It will probably be best for you to select someone whose focus is counseling small business owners and start-ups.  They will generally be well versed in issues related to small business that you may not be thinking about.  Also if, for example, you have a very specific issue related to industry regulations you may be best served seeking counsel from an attorney who has specialization in that regulation.  That attorney will be abreast of the latest with respect to that regulation and to extent it may involve a government agency or another entity, he or she may have developed useful relationships.

What Do Others Have To Say About Them :  Much like finding a hairdresser or a good restaurant, you have to ask around.  Talk to your banker, accountant, other small business owners, and friends.  If they tell you they like someone, get specifics, why did they like working with that particular attorney.  In addition to asking for recommendations ask whom to steer clear of.

Spend Some Time With The Attorney :  Some attorneys offer free consultations while others do not.  Even if the attorney does not offer free consultants, you should not be reluctant to pay the fee.  Often, if you retain the attorney the consultation fee is credited towards work the attorney will perform on your behalf.  Use the initial meeting as an opportunity to discuss your business and ask about their background.  You’ll want to spend the time to get to know the attorney in a way that you can’t in a 10 min conversation.  What else should talk about during your initial consultation?  Well, don’t be shy about asking for referrals and barring any privilege concerns ask to see their product, like a document they may have filed in court.  Read articles or blog posts from the attorney’s website.  Try to get a sense of how busy the attorney is and if they really have time to devote to counseling your business.  Who else at the firm will be working on your matter? Will the partner reel you in and then give your matter to a junior associate or law clerk?  Also – what’s his or her communication style- is it all legalese or do they take the time to make sure you fully understand and are comfortable.  Make sure all of your concerns are addressed.

What Technology Is The Attorney Using :  What type of technology are they using to bring you the best and most efficient legal services possible.  There are a ton of resources out there that make attorneys more efficient and in return could mean a lower bill for you.

How Will You Be Billed ? Ask about the attorney’s billing practices.  Many attorneys generally bill by the hour and rates vary greatly.  However, law firms of all sizes are increasingly using alternative billing practices.  Find out what the attorney is open to and talk about whether they are willing to tailor his or her billing methods to meet your preferences.

Chemistry :  Much like dating, someone can look good on paper but the fit is just wrong.  You’ll be working closely with your attorney and probably over a long period of time.  Make sure you like them and that they are a good fit for the long-term vision for your business.  Don’t’ be afraid to trust your instincts.

Good luck on your search for the perfect partnership!

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