What 4 Things Should You Consider When Choosing The Right Business Lawyer?
Navigate key factors for selecting the right business lawyer: expertise, reputation, communication, and cost. Ensure smooth legal sailing for your enterprise with this guide!
What 4 Things Should You Consider When Choosing The Right Business Lawyer?
Choosing the right business lawyer can feel like ensuring an ace copilot is aboard your entrepreneurial flight. Nevertheless, the right legal co-captain can mean the difference between soaring success and turbulent times. Here’s a friendly guide to navigate your search and determine the four key things you should weigh in on.
1. Expertise and Specialization
When selecting a business lawyer, their area of expertise and specialization should be at the top of your checklist. Not all lawyers are created equal, and not every legal expert specializes in business law.
Understanding Business Law
Business law encompasses various necessities, from forming and dissolving corporations, dealing with intellectual property, and navigating employment laws. In Utah, statutes like the Utah Revised Business Corporation Act (Utah Code Ann. §§ 16–10a-101 et seq.) govern many of these areas. Legalese can be intricate, and a lawyer well-versed in the relevant laws and nuances is crucial.
A snippet from the Utah Code might reveal:
“A corporation shall have the purpose of engaging in any lawful business unless a more limited purpose is set forth in the articles of incorporation.” — Utah Code Ann. § 16–10a-301.
Specializations Within Business Law
Beyond general business law, specific needs may require specific skills:
- Employment Law: Protects both employer and employee rights.
- Contract Law: Ensures the enforceability and validity of agreements.
- Intellectual Property Law: Safeguards innovations like trademarks and patents.
Choose a lawyer who not only knows business law but specializes in the area most critical to your business needs. This is akin to choosing a health specialist for a particular ailment rather than a generalized doctor.
2. Reputation and Track Record
A lawyer’s track record provides a window into what you can expect. Past performance speaks volumes, offering a sneak peek into their professional reliability and success rate.
Checking Testimonials and Case Studies
In today’s digital age, it’s relatively straightforward to dig up reviews, case studies, or testimonials. These insights can come from:
- Online Reviews: Yelp, Google Reviews, or the lawyer’s website.
- Referrals: Word-of-mouth from other businesses in your area. For instance, local entrepreneurs in bustling cities like Salt Lake City or Provo might have some solid leads.
Legal Success Stories
Assess case studies or testimonials to understand how a lawyer tackled challenges similar to yours. Did they resolve a complex dispute favorably? Perhaps they facilitated a smooth business merger. Ultimately, their history offers colored context to their black-and-white credentials.
Checking Disciplinary Records
You should also verify whether the attorney has had any disciplinary issues. This information is usually publicly available from Utah’s State Bar Association. A clean track record should strengthen your trust in their professionalism and ethical standards.
3. Communication and Compatibility
Legal jargon can be as confounding as it is comprehensive. Therefore, clear, straightforward, and consistent communication with your lawyer is absolutely pivotal.
Assessing Communication Skills
Communicating effectively involves more than just picking up phone calls or replying to emails. It constitutes:
- Explaining Complex Concepts: Your lawyer should simplify legal intricacies into understandable language for you.
- Offering Proactive Advice: They should foresee potential issues and advise accordingly, not just respond reactively to crises.
Compatibility and Understanding
You’re building a working relationship, and compatibility matters. Does your prospective lawyer understand your business vision? For example, a lawyer familiar with the startup ecosystem in Park City would be invaluable for new tech entrepreneurs scouting the area. Like any relationship, you must ensure shared values, prompt responsiveness, and mutual respect.
4. Cost and Fee Structure
Legal services can be costly, but knowledge quality often mirrors investment returns. Therefore, comprehending fee structures and perceived value for money is critical.
Understanding Fee Structures
Lawyers typically charge based on different structures:
- Hourly Fees: Common and straightforward, billed by the hour.
- Flat Fees: Established for routine services such as forming an LLC.
- Retainers: Upfront fees that cover ongoing legal services.
Transparent discussion is vital. Know up front what you’re paying for and ensure there are no hidden costs. For instance, Midvale’s small businesses might need cost-effective solutions, while Provo’s more established enterprises may afford comprehensive legal support.
Evaluating Cost Vs. Value
Just as in any investment, assessing cost against perceived value is essential. A higher fee might justify the returns by offering better protection, insight, or handling a complex issue more efficiently. Always weigh costs against the expertise, reliability, and specific needs of your business.
Why It Matters: Real-world Application of Business Law in Utah
Business laws protect your rights, resolve disputes, and regulate activities, ensuring that businesses operate within legal parameters.
Protecting Your Business Rights
A strong grasp of business law safeguards you against potential legal pitfalls. Utah’s laws, such as Utah Code Ann. § 16–10a-830, detail director liabilities and corporate governance structures, ensuring operational legality and protecting stakeholders.
Resolving Disputes
Disputes are inevitable in business. Whether contractual disagreements or employment conflicts, effective dispute resolution under the law guarantees fairness. Provo’s bustling business districts often see employment disputes where clear resolution processes avert prolonged litigation.
Regulating Activities
Compliance is key in warding off penalties and maintaining business integrity. For example, zoning laws in cities like Sandy regulate where businesses can operate, ensuring that commercial areas are distinctly established away from residential neighborhoods for cohesive, hassle-free operations.
Addressing Common Misconceptions
Dispelling myths like “small businesses don’t need legal help” empowers you with the knowledge to seek help when required. Every business, regardless of size, benefits from sound legal advice tailored to its unique dynamics.
Practical Applications and Common Pitfalls
Navigating legal challenges confidently and responsibly is crucial. Here are a few practical applications and common pitfalls:
Forming an Entity
Forming an LLC or Corporation involves more than paperwork. For instance, compliance with Utah Code Ann. § 48–3a-401 is necessary. Proper legal guidance ensures seamless registrations, avoiding pitfalls in structuring operational frameworks.
Drafting Contracts
Contracts are foundational in business dealings. Legally binding contracts should elucidate roles and expectations unambiguously. Missteps in drafting can lead to unenforceable agreements, causing unfair advantage or disputes.
Handling Employment Issues
Employment law concerns are critical. For example, adhering to non-discrimination statutes, like those in Utah Code Ann. § 34A-5–106, ensures regulatory compliance, avoiding lawsuits that could tarnish your business reputation.
Conclusion: Empower Yourself with Legal Knowledge
Choosing the right business lawyer ultimately hinges on discerning expertise, impeccable reputation, clear communication, and transparent cost structures. Remember, the law shields your rights, bridges disputes, and shapes business activities, grounding your enterprise in ethical, legal frameworks.
Have you found this article helpful? If yes, please clap, leave a comment, and subscribe to our Medium newsletter for more insightful updates. Your interaction propels our commitment to provide accessible, engaging legal content.
To speak with a lawyer, call attorney Jeremy Eveland.
Jeremy Eveland
8833 S Redwood Rd
West Jordan, Utah 84088
(801) 613–1472
The information contained in this article is for information purposes only and is not legal advice. For legal advice, hire a competent lawyer in your jurisdiction.
What 4 things should you consider when choosing the right business lawyer?
