“Law, like life, happens in the particular, so I don’t know how a general practitioner could be knowledgeable enough,” to advise clients on specific business matters, says Redlich. He does, however, offer two caveats to that assertion. A general practice attorney with a “lengthy career or one who has experienced the same issue” as the client might be able to advise an entrepreneur as competently as an experienced business lawyer, he says.

But there is definitely another school of thought.
David Jacoby, a litigation partner with the Manhattan office of Culhane Meadows agrees with Redlich, but only to a certain point. If an entrepreneur has worked with an attorney to the extent that the lawyer is familiar with that client’s business, “and the lawyer is competent,” then Jacoby thinks the services of a business attorney are not necessary.

However, Jacoby is quick to offer advice about whether a particular lawyer is right for the job. “If the attorney suggests they are not competent enough to handle a case, believe them,” he urges. In fact, some states even have laws on the books prohibiting lawyers from representing clients in matters about which they are less than competent. In New York, for example, lawyers toil under a rule requiring them to provide “competent representation,” says Jacoby. In fact, New York lawyers are prohibited from handling legal matters if their work would be less than satisfactory. In those instances, Jacoby suggests the lawyer either refuse to take the case or co-counsel with a more knowledgeable attorney. That way, the client will likely receive the level of service to which they are entitled and the less experienced attorney can learn along the way.

Still, Jacoby acknowledges there are advantages to hiring a business attorney for matters relating to entrepreneurial pursuits. For example, a competent business lawyer will also likely possess at least a cursory familiarity with matters relating to business, such as taxes and employment matters. That’s helpful because the lawyer can at least recognize the services a client needs, and direct the client accordingly. “You know enough to recognize what you don’t know,” says Jacoby, a lawyer with 34 years of experience.

Redlich suggests clients educate themselves about the legal matters facing them prior to retaining legal counsel. That way, the client will be better equipped to find an attorney whose knowledge and experience mirrors their legal needs.

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Tami Kamin Meyer is an Ohio attorney and writer.