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Death and taxes aren’t the only things in life that are certain

lawyerBenjamin Franklin is credited with uttering a version of the infamous quote that nothing in life is certain but death and taxes. While hiring an attorney to advise and guide you through your entrepreneurial endeavors isn’t an absolute, it is a wise decision since a myriad of complex legal matters face every business owner.


According to the American Bar Association, there are nearly 1.3 million attorneys in the United States. Those lawyers practice in a wide variety of specialties, but entrepreneurs seeking legal advice might be best served by an attorney whose work focuses on business matters.

Just how to go about the search? “The best way to start looking for an attorney is to ask other trusted professionals” you know for referrals, says Steve Smith, President and Founder of Growth Source Coaching. Like other service professions, lawyers and law firms comes in all shapes and sizes, so it’s advisable to hire someone who specializes in the topic you need help with rather than a generalist. If your needs are even more specific than general business matters, invest the time to find legal counsel whose expertise will benefit you and your endeavors. For example, even the brightest business lawyer may know nothing about copyrights. That being said, hire an attorney who specializes in Intellectual Property, and not just business, if that is where your concerns lie.

If you don’t know any professionals from whom you may seek a referral, the Internet is another way to find a lawyer. It is advisable to look for attorneys whose law practices can be found on well-established legal referral sites. Be sure to “check their reputation on at least one other site to make sure they are reputable in their level of skills and business dealings,” says Smith.

Another avenue for seeking referrals are business associations to which you belong. Knowing someone in your field was pleased with a lawyer’s work can give you peace of mind you have found the right person for the job. “The point of getting referrals is to get them from trusted sources,” says Smith.

Once you have selected at least two attorneys you think might be a good match for you and your legal needs, the next step is to meet and interview them for the job.

There are specific questions you should ask each lawyer to help you decipher if you have found the right one for you, says Smith. Those inquiries include:

  • The attorney’s level of experience in the legal matters you need help with
  • The lawyer’s preferred method of communicating with clients
  • How they work in relation to communicating before, during and after the legal issue is resolved
  • An explanation of their fee structure. Know if the lawyer is paid based on a flat fee, an hourly basis or perhaps a combination of the two
  • Ask about the time intervals the lawyer charges if they want to get paid an hourly rate. For example, if the attorney leaves a voice mail for you, do they charge you for 15 minutes of their time even though they actually only worked maybe two?
  • If you prefer communicating with your lawyer via email, find out if they are technologically savvy enough to do that. Even with the proliferation of technology in today’s world, not everyone sends emails or texts. If you prefer communicating via email but your attorney doesn’t know how to type, it might be best to move on
  • Ask if they have ever faced discipline from a state or local bar association or other governing bodies. If so, get the details
  • Be certain the lawyer does not have any conflicts of interest with you, your clientele or anyone related to you

After ‘interviewing’ the attorneys you are considering hiring, take time to reflect on your time together to help you determine if any of them met your needs. Ask yourself the following questions:

  • Did you feel comfortable with the attorney?
  • Did their responses to your questions help you gain confidence in their legal and business know-how
  • Did you gain a positive impression of the lawyer and their workspace?
  • Was the office hectic and seemingly overwhelmed or did it seem organized and orderly?
  • If the lawyer was disciplined by a state or local bar association, think about why and when they were punished. If you liked a lawyer with 30 years of experienced but they were temporarily suspended from the practice of law for not completing their continuing legal education requirements 15 years ago, you could probably let that slide. If the discipline was more recent or for a more severe reason, you might want to skip that lawyer (and perhaps reconsider the person who referred them, too).

Although it can be time consuming, it is wise to shop around before hiring a business attorney to guide you on your path to becoming the next Bill Gates.



Tami Kamin Meyer is an Ohio attorney and writer who tweets as @girlwithapen.
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