If you own a small business, chances are you are going to need
to consult with an attorney and probably even hire one at some point. The
question most small business owners ask is “when is the right time to hire a
small business attorney?”
In our opinion, there probably is no “right time” to hire a
lawyer. We do know that hiring a small business attorney should be considered at
very specific times throughout your business cycle especially if you cannot
afford to keep a lawyer on staff or you do not want to pay for outsourced
We have included a list of four scenarios when it is absolutely
essential that you have a small business attorney advise you and even represent
#1 You are starting your business or changing your business structure
the first things small business owners do is decide the structure of their
business. Will you become a C corporation or an LLC? Should you even
incorporate at all? These are questions that a small business attorney can help
you answer. In addition to deciding the type of corporate structure your small
business should have, a small business attorney can help you create the
necessary documents to make your business legitimate and help you file the
right paperwork with the City, County and State to ensure your business opens with
all of the correct licensing.
#2 You are dealing with employment issues.
Having a small business
may eventually mean hiring employees. Hiring a small business attorney can help
you decide when to use employment contracts and structure non-competition
agreements. A small business attorney can also guide you about whether an
employee is considered an employee as opposed to an independent contractor. Some
small business attorneys can offer legal advice about unemployment related
issues as well as discrimination issues. If you are facing an employee lawsuit
or suing an employee, you should strongly consider consulting with a small
#3 You are drafting or negotiating a contract.
Most businesses will
enter into contracts whether they are contracts with employees, contracts with
vendors, leases or contracts with other businesses. Having a small business
attorney on your side, can help you review these contracts to understand their
terms and the associated legal consequences. A small business attorney can also
help you negotiate the terms of these contracts so that you receive better
terms than originally proposed.
#4 Your business is sued or your business needs to file a lawsuit.
If your small business has
been served with a lawsuit or if your business needs to sue an employee,
another business or collect debts from customers, it is in your best interest
to hire a small business attorney. Attorneys know the law and know how to navigate
the Court system. An experienced small business attorney can help advise you on
the fastest way to resolve your litigation and should provide you with sound legal
advice to avoid future litigation.
A good small business attorney can be a business owner’s best
friend in certain situations. If you don’t already have a relationship with
one, think about finding one now so you will know who to call when the need
If you or someone you know is in need of a small business
attorney, we can help. Call our offices today at (702) 433-2889 or fill out our
on-line form for more information. Let our experience and trusted small
business lawyers work for you.