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:
- 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."
- 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.
- 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."
- 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."
- 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."
- 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.
- 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."
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