06/ 12/ 2006
by Tami Kamin-Meyer
Some type of law controls nearly every aspect of your small business. You must pay taxes because the Internal Revenue Code says you should, employees must earn a decent wage because Fair Labor laws demand it, and discrimination is unlawful since the Equal Employment Opportunity Commission's rules outlaw it.
You're a small-business owner, not a legal guru, right? You might be the captain of your company's ship, but without sound legal representation guiding your way, it’s likely your ship will eventually sink.
According to Jennifer Brunner, a former Franklin County, Ohio Common Pleas Court judge, small-business owners should consider lawyers experienced in representing small businesses when selecting an attorney. She also advises small-business owners to:
- Discuss fee schedules with prospective attorneys. Ask if attorney fees are assessed by the hour and what services, if any, are charged a flat rate.
- If rates are hourly, ask about billing increments. This means how the attorney breaks down an hour when calculating your bill.
- Ask how often you will be billed. Normally, bills are compiled and mailed monthly, but don't assume every attorney works this way.
- If you prefer to pay your bill by credit card, find out if the lawyer accepts credit cards.
- Ask what the lawyer perceives your business' legal needs to be. Compare the responses of each attorney you consider with your business objectives to find the best fit.
Small-business owners should realize that their lawyer is both their counselor and advisor, so "comfort level is important," Brunner says. She also suggests checking the lawyer's qualifications, a task the Internet makes easier. Every state Supreme Court has a Web site, and on each site, you can look up whether an attorney has ever faced disciplinary proceedings in that state. If a large law firm employs the attorney, peruse its site to learn more about your potential lawyer. Brunner also suggests contacting trade associations or even others in your same line of work to learn about whom they would recommend.
In order to succeed, every small business needs a "strong lawyer and good accountant to help in sound business planning," Brunner says.
Your relationship with your small business' attorney is an important one. Research each potential attorney thoroughly to ensure you are hiring good counsel.
Tami Kamin-Meyer is an Ohio attorney and writer.
