Going to court can be extremely costly. Attorney's fees in a large court case can drive a small company or a start-up out of business. Even if you win at trial, the legal costs can amount to more than you recover. Here are smart moves to decrease your chances of going to court:
Hire the right attorney to draft start-up documents
To avoid legal snafus, you need a lawyer who specializes in business start-ups, is licensed in your state and knows the ins and outs of local business law.
I recommend: The American Bar Association has a
Lawyer Referral and Information Service that can link you to lawyer referral operations in each state and Canada. Or you can search for a lawyer by name at
Martindale-Hubbell.
Ensure your business meets all state and federal requirements
Failure to meet federal, state and local requirements for registering and reporting on your business can land you in legal trouble and might result in a court date.
I recommend: Check this
federal and state-by-state directory of statutory code and business registration agencies.
Alternative Dispute Resolution (ADR) is a way to avoid court
ADR can cut lawyers' fees, keep you out of court, and resolve issues faster than a trial. Two common methods are by using a mediator or an arbitrator to resolve legal disputes.
I recommend: Use arbitration services arranged by the
Better Business Bureau or find an arbitrator through the
National Arbitration Forum, get a list of mediators at
Mediate.com; or mediate a dispute online at the
WebMediate site.
Protect your intellectual property
Make sure you guard your unique and proprietary brand names, processes, methodologies and products through copyrights, patents or trademarks. This can keep competitors from copying you and head off a court battle on these issues.
I recommend: Learn about copyrights, patents, trademarks at the
IP section of FindLaw.