09/ 03/ 2004
by Jeffrey Moses
The legal field can be highly complex and varied, and not all attorneys are experienced in the myriad of issues affecting small businesses. When selecting an attorney to handle your company's legal affairs, don't just call the first attorney you come across in the phone book.
Instead rely on the referral system. Talk with owners of small businesses in your area, and ask for recommendations. Your direct competitors might balk at referring you to their attorneys, but non-competing owners usually will be pleased to discuss the subject. If you have trouble getting referrals, call your local bar association. Always focus on finding attorneys with experience in small-business law.
Draw up a list of four or five attorneys to whom you've been referred. Speak with them first on the phone and then set up a personal meeting with the three that seem most promising. There's nothing like a face-to-face meeting to see how well you'll get along with an attorney and to determine how experienced he or she is in regards to your specific needs.
Ask for a list of references so you can contact them before the meeting. The list may include former and previous clients (particularly other small businesses), other attorneys and officials at organizations with which you may frequently deal.
Take your business plan to the meeting so you can discuss all pertinent details of your present and future operations. A lawyer may not have extensive experience in your particular industry, but he or she should have experience in closely related fields that have legal needs similar to yours.
Look for the following traits during the meeting:
- Affordability. Ask about hourly fees or fixed fees for specific projects. Note: don't strike an attorney off your list based on hourly rate alone. An experienced lawyer may be able to accomplish in several hours what could take an inexperienced lawyer a full day or more. This could save you money, but it's hard to determine in advance how quickly someone will work. When talking with the clients used as references, ask about fees in relation to actual time billed.
- Willingness to work with a company of your size. Be direct: ask if small projects that may not take much time will receive the same prompt attention as issues of larger companies. This is one of the most important aspects of finding a good fit. Many lawyers will tell you they don't mind handling small jobs, but the proof will come quickly after hiring them.
- Ability to explain complex legal issues in simple terms. You'll need to understand what your attorney is doing, so don't let someone steamroll you with a lot of legalese.
- Your personal feeling for the relationship. It's not necessary that an attorney become your best friend, but why work with someone you don't get along with? Your goal in finding a business attorney is to establish a long-term relationship that will ease your company's growth to the next level, and beyond. The more harmonious you are with your attorney, the more pleasant and perhaps more effective each of your meetings will be.
- How quickly the attorney will return your calls. Make a big point of this. When you have something important and timely, it will be frustrating if your attorney doesn't return your calls for days at a time. Again, the real test of this will come after you begin the relationship.
- How eager the attorney is for your business. If the attorney's attention wanders during the meeting or if continual incoming calls disturb the meeting, it's likely that you'll receive the same level of service after you've established a relationship.
