Finding and Selecting a Business Attorney
You are starting a new business or for other reasons you find that you need to hire a business attorney. How do you choose a business attorney that will best suit your needs?
Assess your needs
No attorney is "right" for every situation. Some types of businesses require very particular knowledge or experience; some clients may work best with an attorney who has particular type of personality. Before you even start your search for a lawyer for your business, you need to ask yourself what role you want him or her to fill.
Business attorneys typically fall into two categories: those who handle disputes are called litigators and those who handle contracts, securities and and other business matters are called transactional lawyers. Some attorneys handle both litigation and transactions, but most tend to concentrate in one area or the other. If your business is involved in a lawsuit, look for a business litigator. In other matters, you should have a transactional business attorney. The balance of this article will focus on how to select a transactional attorney, though the process for selecting a litigator would be similar in most respects.
Is your business one that is highly regulated or has very specialized legal needs? If you are starting a company to develop a new drug, setting up a securities broker-dealer, or buying a radio station, you should choose an attorney who already has an understanding of the regulatory and legal environment in which your business will operate. For example, if your business is going to be seeking contracts from the U.S. Department of Defense, you will want someone who is knowledgeable in government contracting rules and regulations.
Even if your business is more general and less regulated, it will be helpful to find an attorney who has a working familiarity with your type of business. Every industry has its own range of legal issues and customary ways of dealing with them. Whether you are a real estate developer, restaurant owner or a software developer, you will be more satisfied with your choice if you find an attorney who already understands your industry.
The next question is what role you see this attorney playing in your business. Are you looking for an attorney for a particular project or someone who can advise you on a wide range of issues? If your problem is expected to be a one-shot project, you may want to seek an attorney with specialized knowledge in a very narrow area. If you are looking for an attorney to be by your side as your business grows, you will probably want a business lawyer with a wide range of knowledge and skills and rely on him to bring in more specialized expertise when it is called for.
Next, ask yourself what type of personality do you work with best? Do you prefer a person who is extremely forceful but may sometimes come across as adversarial or even rude? Do you prefer a person who is less combative and more collegial? If you really want a bulldog but you pick a business lawyer whose nature is to seek a win-win outcome, you may always feel that you are leaving something at the table. If you are the kind of person who wants to get the deal done on a reasonable basis, you may feel that a very aggressive attorney is a "deal killer."
Do you need just one attorney or do your needs require an attorney with the support of a law firm behind him? Consider the overall scope of your needs. For example, if you are a software consultant on your own and expect to have no employees, your only pressing need may be an attorney with experience in technology law. If that is the case, you might be well served to look at business attorneys who practice by themselves or in very small firms. They will not offer the support in other practice areas that you might find at a slightly larger firm, but their fees are often lower.
On the other hand, if you have a wider diversity of legal needs, you may find that you will be better off with an attorney who is part of a firm that has sufficient depth to handle most or all of your matters. A single lawyer or small firm may be tempted to take on work beyond their own level of expertise and you may end up paying for their learning time. If many of your needs can not met by the attorney with a solo practice or small firm, you may find that you need to spread your work among a number of other attorneys and no one of them will ever develop a feel for your business that will allow them to become a trusted advisor.
Finding a business attorney
Once you have assessed your needs, your next step is to locate attorneys who have the potential meet your needs. There are several ways to find your potential business attorney.
Personal knowledge. Perhaps you know attorneys personally - a college classmate, a neighbor, a parent met through your son or daughter's activities, a member or your church or synagogue. Starting with someone you know first hand, if they meet your pre-assessed needs, is an excellent first step.
Referrals. Who do you know that works with attorneys and would have first hand knowledge of potential attorneys for your business? A person who is already engaged in the business that you are entering is often a good source of information. If you are starting a restaurant, ask another restaurant owner who his attorney is and how he likes his work. Your accountant or banker are other good choices for referrals.
Bar associations. Most bar associations have a lawyer referral service. They can provide you with the names of attorneys who are seeking clients in your area. A drawback with a lawyer referral service is that it is usually only a self-selected subset of all attorneys, so the many quality attorneys that do not participate in the service are not on their list.
Directories. There are many directories of attorneys, both in print and online. Some are quite comprehensive, listing virtually all attorneys. Others are simply lists of attorneys who have paid to be listed. Directories that list practice areas can at least point you in the direction of attorneys who claim to have the background you seek. Be aware, however, that many states do not recognize "specialists" in areas other than a few narrow areas (such as patent law), so that a listing may mean nothing more than the attorney is seeking clients in a particular practice area.
Internet searches. With the advent of search engines such as Google and Yahoo!, it is easier than ever to locate attorneys with the experience and background that meet your basic criteria. Simply do a few searches on the terms that best describe the needs that you have identified and narrow the list down by applying the criteria in your self assessment. Most attorneys have biographical and professional information listed on their web sites that will tell you much about them and their practice.
No single source is best. While your personal knowledge of an attorney may make you very comfortable with his knowledge and style, there may be an attorney that you don't know who is an even better match for you. Using more than one method of obtaining names of potential attorneys for your business is usually a good idea.
Do your homework
Once you have identified several attorneys who may be able to provide the services your business needs, it is time to do your homework. With preparation, you can ask the right questions when you interview the attorneys and possibly even narrow your list to one or two attorneys.
Review the firm's web site. Almost every law firm has a web site. Visit the firm web site of each person on your list. Read about the attorney and his practice, but also read about the firm and some of the other attorneys in the firm who practice in the same or complementary areas. Do their backgrounds and skills seem appropriate for your needs?
Search the Internet. Use search engines to find out if there is additional information about the attorney or the firm. Has the attorney written articles or presented seminars in his field? Has he been quoted in relevant articles in the business press? Is he on corporate or charity boards? All of that can help you draw a more complete picture of the attorney
Check for disciplinary complaints. Check with the body that regulates lawyers in your state to see if there have been any complaints filed against the attorney. While many complaints are dismissed as being without merit, a complaint is at least a red flag that you should discuss when you interview the attorney.
Check the list with other people. Ask people you know for their comments on the attorneys on your list. In a large metropolitan area, most of the names will probably be unfamiliar even to other lawyers, but in a smaller market the reputations of the attorneys on the list may be more broadly known.
Spending a little time up front can save you more time and headaches later.
Interviewing your business attorney
Once you have completed your self assessment, have at least a rough idea of the criteria to apply, have identified one or more attorneys who appear to meet your criteria, and have done your homework, the final step in choosing a business attorney is the personal interview. You should schedule a meeting with the attorneys on your list. While the meeting can be conducted by telephone, it is difficult to assess personality without a face to face meeting. If you are seeking to hire a business attorney for a long term relationship, a meeting in person is essential.
While each interview is different, here are some basic questions that will apply in most cases:
1. What similar businesses has the attorney represented?
2. What similar matters has the attorney handled?
3. How long has the attorney been practicing law?
4. What is the attorney's hourly rate?
5. Are paralegals or associates available to handle routine matters at lower rates?
6. Does the attorney handle certain matters for a fixed fee?
7. What is the estimated fee? (This assumes you have a particular project in mind)
8. Have any disciplinary complaints been filed against him or her? What was the outcome?
9. Does the attorney get referrals from his peers in the practice areas you are concerned with? (This validates that he/she is recognized as proficient by people who should know)
10. Has the attorney written articles or presented seminars to other professionals? (Again, this validates the attorney's claim of proficiency in an area of practice)
11. Has the attorney received any professional honors or recognition?
12. How will the attorney handle matters that are outside his areas of strength? Are there other attorneys in the firm with the skills you will need? Will he assist you in finding a lawyer outside his firm?
13. What is the attorney's availability? Will he or she have the time to provide the services you need in a timely manner?
If you have a specific matter in mind, ask the attorney how he would handle the matter. For example, if you are buying a business, ask him or her to describe how they would handle issues like the preliminary negotiations, due diligence, and negotiating and drafting the final agreements.
Do not expect to use an initial interview to have the business attorney answer your legal questions. Legal advice should come only after you have made a decision to hire the attorney and your have signed a retainer agreement.
Conclusion
Laying the proper groundwork and asking the proper questions can help you find a business attorney who will work with you to fill your legal needs for many years to come!