Guide to Finding An Attorney For Your Business

Whether you're an experienced business owner, or new at owning your own operation, you'll want the services of a qualified attorney. Attorneys can assist new and existing businesses in a variety of ways, including matters dealing with formation, incorporation, partnership, taxation, contracting, document review, rights, patents, trademarks and intellectual properties, and liability. Qualified attorneys can enhance business operations by:
  

1. Providing efficient guidance on issues that directly affect the structure of a business.
   
2. Providing advice on taxation and reporting issues.
   
3. Interpreting statutory requirements that will affect business
   
4. Recommending liability insurance and practices that avoid or minimize the risk of liability.
   
5. Securing and protecting patents, trademarks and intellectual properties
   

Action Steps The best contacts and resources to help you get it done

Predict the legal needs of your business Before attempting to locate a qualified attorney, examine your business carefully. Determine the types of assistance your business is likely to need over time. This may include formation, incorporation and partnership matters; taxation; financial management; document drafting; collection services; contract formation and review; patent, trademark and intellectual property establishment and enforcement; insurance and liability; defense; litigation; arbitration and alternative dispute resolution.  Additionally, depending upon the nature of your business, you may require additional specialized legal services. A single attorney or firm may not be able to cover all of your legal needs.
    
I recommend: Consult with your local or state bar association to see if they offer an attorney referral service. The American Bar Association provides a mapped directory of state and territorial Bar Associations, as well as a listing of minority Bar Associations.    

Interview Prospective Attorneys Interview prospective attorneys and law firms before choosing a legal provider. Attorneys often offer initial free consultations. Your initial consultation is not a work session. You must remember that you are interviewing an attorney or firm, not soliciting legal advice. Discuss your specific needs and determine whether the attorney or firm can handle most or all of them. Ask about the attorneys who will be servicing your account. Ask about fee schedules. Ask what, if any, services are performed by paralegals and whether those services reduce your costs. Ask whether you will be required to provide a retainer fee. If so, how much is the retainer and what will it be used for?  Ask about billing and bill payments and terms. Many attorneys will ask you to sign a retainer agreement while you're in their office. Do not sign a retainer until you have chosen a legal provider.    

I recommend: Make notes while you are in the interview/initial consultation. Review these notes prior to making a decision. As part of your review, verify the credentials and disciplinary actions against the attorney or firm. The American Bar Association provides links to state-level license verification services. Additionally, your local State Bar will be able to verify that an attorney's license is in good standing. 

You can also look up attorneys online. eTaking offers a credential verification service for professionals, including attorneys.   Your local State Bar Association will also have information about sanctions that have been levied against a particular attorney or firm. 

Sanctions should not automatically disqualify an attorney from consideration, but they should be treated as a red flag. If an attorney has been sanctioned by the Bar Association several times, you may want to think carefully before hiring him or her.
Client confidentiality agreements prevent attorneys from discussing work they do for other clients. However, you may ask other business owners about their experiences with local attorneys. Word-of-mouth is an acceptable means of evaluating potential attorneys.  

Sign a retainer agreement  Once you have determined your legal advisor, read the attorney's retainer agreement carefully and sign it. Keep a copy of the signed retainer agreement. Once you sign a retainer agreement, you may be required to provide a fee up-front. The retainer should be deposited into the attorney's client account. You may ask for a periodic accounting to verify the balance of your retainer.  

Get To Know Your Attorney's Staff Often, the fastest way to get information to and from your attorney is through the attorney's staff. Use efficient communication as much as possible. This includes email, voice mail, and fax. Each time you talk to your attorney, you'll be billed for his or her time. It's in your best interest to make sure you speak with your attorney only when you absolutely need to, and that you respond quickly to his or her requests for information.  When you meet with your attorney in person, prepare questions ahead of time, and organize your documentation.    

Tips and Tactics Helpful advice for making the most of this Guide   

• Plan ahead. Before talking to an attorney, understand what services you will need 
• Organize your documentation. Eventually, the attorney you choose will ask for your business documentation. 
• Interview prospective attorneys. 
• Verify your attorney's credentials. 
• Check for sanctions and consider them carefully. 
• Ask for recommendations from other business owners.
• Make use of the attorney's staff. You can communicate efficiently with an attorney through his or her staff. Talking directly to the attorney incurs additional - and often unnecessary - costs

The official source for this article is eTaking.com