Finding the Right Business Lawyer

If you own a small business, you are probably going to need the help of a lawyer at some point. Contrary to popular perception, lawyers do more than solve problems. An experienced small-business lawyer can be a tremendous resource, handling leases, contracts, intellectual property, litigation and employee matters, among other things.

With so many lawyers running around these days, you would think it would be easy to find a great one. Unfortunately, a surplus of trained legal professionals does not mean they all have the expertise you need. I recommend starting with referrals from accountants, bankers, successful small business owners and trusted friends. Bar associations offer referral services as well, but they don't tell you much about the lawyer — just that they are a member of the bar.

Once you have compiled a list of candidates, narrow your choices with the information available in the Martindale-Hubbell Law Directory. The easiest way to access the directory is through Lawyers.com. The site lists most practicing lawyers and offers brief biographical sketches, including information about their experiences and specialties.

Of course, you do not want to make your final decision without a face-to-face meeting. A consultation will give you a chance to explain your matter and gather information about the attorney. And it will give the lawyer the opportunity to decide whether he or she wants to take you on as a client.

Do not be shy. Ask as many questions as you consider necessary to evaluate the lawyer. The more you know up front, the fewer surprises you will experience down the road. The following list of questions is a good starting point for your initial meeting or consultation:

1. What kind of background or experience do you have in this area? Your attorney should either be a specialist or have significant experience representing startup companies.
2. How many matters like mine have you handled in the past year or two? An attorney who has not handled a case or problem like yours recently may not know pertinent developments.
3. Who else in your firm would work on my case? Attorneys often assign tasks to more junior attorneys or paralegals. Very junior attorneys may not be cost-effective or qualified.
4. What is your fee structure and how often will I be billed? Make sure you understand your lawyer's fee system, which will vary depending on the matter or case. Attorneys typically send clients monthly statements, and you will want to receive periodic bills to monitor costs.
5. How will you keep me informed of any developments? Attorneys are busy, but you want to make sure the attorney is respectful of your need for information and will be available to answer questions.
6. Do you represent any of my company's competitors? Make sure the lawyer has done a conflicts check.
7. What is your attitude toward alternative dispute resolution (mediation or arbitration)? Lawyers have biases about which techniques are most effective, but one who does not believe in them at all is suspect.

If all goes well at your initial meeting, then move forward with checking references. Ask for references from entrepreneurs and startups. Call references, and ask them to convince you that the lawyer will do a good job for your company. If you are not convinced, I suggest you keep looking.

Copyright © by Richard D. Harroch. All Rights Reserved.