7 Good Reasons To Call A
Lawyer
By Jeff Wuorio
Reprinted with permission from
Microsoft Small Business Center
For
many small-business owners, contacting an attorney is akin
to opening a faucet — everything gushes out but little comes
back in return, short of a hefty water bill.
OK, so this analogy is a little trite. It's also horribly
inaccurate. Legal advice and guidance in varied forms is
absolutely central to any small business. You will get a
bill, yes. But using an attorney doesn't have to be a
burdensome financial drain.
Here are seven signs that suggest your business may
benefit from the involvement of an attorney:
1. You're starting a business. Far too many
businesspeople get their operations up and running before
contacting an attorney for legal guidance. Don't make the
same mistake. Before the very first dime of income shows up
on your ledger, hook up with an attorney to review business
structure, legal ramifications and other elements designed
to protect your business and help it flourish. "It's
essential that an attorney become involved before you
start," notes attorney John Ventura, author of "The Everyday
Law Kit for Dummies." "An attorney isn't someone you go to
just when you're in some sort of trouble."
2. Check your contracts. It may be a pleasant
afterthought to a bygone era, but these days it's rarely a
wise idea to conduct business with a smile and a handshake.
That means it's imperative for an attorney to review every
contract you use in your business, both with customers as
well as suppliers — or draw up suitable contracts if none
are in place. "We've become so litigious as a society that
it's critical that you have contracts that protect all your
business relationships," Ventura says.
3. Review your exit strategy. It may sound
macabre, but it's also a good idea to have an attorney
construct and regularly review a suitable exit plan should
your business go under, no matter how well things may be
steaming along now. For instance, an experienced bankruptcy
attorney can help identify — and protect — property and
other items that, should the worse happen, are exempt from
bankruptcy proceedings. "You're always at risk, so planning
a suitable exit strategy is absolutely essential," Ventura
says. "You should know your bankruptcy options, ways you can
protect your assets and simply lessen the overall blow of
failure."
4. Check your debt collection. As money becomes
tight in a dicey economy, it can become more difficult to
collect funds owed you. An experienced attorney can advise
you on suitable collection methodology and resources. That
way, you can avoid becoming entangled in any legal action
against an overzealous collection agency. "Cash flow is
king, so when that gets slow, you get aggressive," Ventura
says. "But you have to be careful in using some collection
agencies — if they step over the line, that can always get
back to you."
5. Begin to draw on your wealth. Enough stories
about ways to avoid disaster. An experienced estate attorney
also is essential in setting up programs to fund retirement
from the proceeds derived from the business. Here is
something that, as Ventura notes, many small-business people
tend to put off until the very final moment. "Most
entrepreneurs don't even start thinking about their
retirement until they're well in their fifties. If you're
doing well, an estate attorney can help you start taking the
wealth out of the business to fund your retirement."
6. Keep the business going after you retire. Few
small-business people want to see their businesses close for
good once they retire. A key area a solid business attorney
can address is succession — establishing procedures and
step-by-step guidelines to hand off ownership of even a
small portion of your business to someone else. An attorney
not only can strategize on ways to keep the business alive
and flourishing, but can also possibly help you determine an
ancillary source of income from the business to round out
your retirement funding.
7. Resolve a business dispute. Yes, this is an
obvious reason to get a lawyer. Merely hiring an attorney
will show you mean business, and may end up getting you the
results you desire. A lawyer also may be able to help you
avoid lengthy and costly court action. Moreover, a lawyer
can help you avoid — by working on your own — turning what
might be a bad situation for your business into something
worse.
In seeking out an attorney, here are two important tips.
Get a specialist when you need one. Law is no
different from scads of other professions. We live in an age
of specificity, so be certain to establish relationships
with attorneys who have training and experience in defined
areas. Not only does that provide you with the best possible
guidance, but it can also serve as a system of checks and
balances. For instance, an estate attorney may point out a
problem in your retirement planning that, say, a general
practitioner might overlook.
Don't fear the cost. No one's about to claim that
getting solid legal advice is dirt cheap. But it need not be
as prohibitively expensive as you might fear. For one thing,
Ventura urges entrepreneurs to delineate what sort of legal
advice will be an ongoing requirement and what can be
addressed on an as-needed basis — that can save on retainer
fees right there. And, adds Ventura, don't be gun-shy about
dickering over price. Some attorneys may be willing to cut
rates for a guaranteed amount of work, while others may
gladly set up payment plans for particularly expensive
bills. "I think the days when an attorney simply charged by
the hour have gone by the board," Ventura says. "Shop around
and get a quote for fees. And, once you find someone you
like, clear the air and get the subject of money out of the
way."
|