Why a Lawyer for Your Business is Essential
Despite what you may have heard, you don’t need to seek out a business lawyer only when you have a problem that needs solving. Lawyers are great at solving problems, but it’s the prevention of problems that adds the most value. Not sure which entity to choose when starting a business or what to be on the lookout for on a business sale? Getting good advice up front saves you money in the end.
Just like individuals, businesses also need their will drafted and updated, as well as some insurance products, to ensure their future. That "will" for a business is a succession plan for what happens to it if the owner(s) die, become incapacitated, divorce, get sued, or become bankrupt. Also like individuals, businesses may need a trust set up, either to protect assets, to benefit different generations of the owner’s family over time, or to reduce the owner’s individual income tax burden.
Everyone has heard the stories of "bad" contracts with extremely narrow scopes of work or onerous terms. Business lawyers most often help with putting together contracts, operating agreements, and other incidentals that put parameters around business relationships . They also help stakeholders negotiate transactions respectfully and effectively, and – again, like a will – improve the odds of business continuation after the death of an owner.
Compliance with regulations, from not-for-profits to marijuana growers, is critical. It is essential to work with a lawyer who knows your industry and its codes and policies to avoid compliance problems even before a business begins. Then, businesses must monitor changing regulations and update their compliance manuals and procedures in accordance. Business lawyers work with companies to put into place compliance programs and to follow up with audits.
Although some business owners do try to manage other risks on their own, they often find that as their business expands, keeping track of all potential risks and their insurance to back them up is time consuming and complicated. Business lawyers help with assessing risk management and suggesting the insurance coverage that best fits the client. A risk management review can re-order a business’s priorities and ultimately result in lower insurance premiums.
All of the above is within the expertise of business lawyers in Vancouver, WA. In addition, Vancouver lawyers are generally available for emergency situations and litigation counsel who can represent you in front of judges and juries.
Qualities to Look for in a Good Business Lawyer
Experience is a Key Quality of a Good Business Lawyer
A good business lawyer should have experience. You don’t want one who does not have experience in the business area you are seeking their assistance. If you are starting a construction business that deals with contracts, hire a lawyer than has experience in the construction industry and understands very well building codes, zoning laws and the like. Likewise, you would not want to hire an attorney who specializes in trial law to assist you in purposing or countering a business acquisition.
Look for qualifications. The lawyer you hire should have some basic qualifications. Many lawyers have a website today. Read through what they have written about their firm and their expertise. Often they will outline what their basic qualifications are. You want to look for someone who specialized and really knows what they are doing so that you do not have to educate them.
Check out your prospects’ communication skills. Your business lawyer should take the time to communicate with you on several occasions. They should call you back quickly and clearly discuss problems, issues and the steps you both need to take. Make sure they are honest and straightforward with you. For example, if they are not familiar with what you are asking, they should admit it and explain they need to do more research before they willingly hold up their hands, indicating they will take care of whatever concerns you have without actually having a handle on how to do so. Get everything you can in writing.
Common Services a Business Lawyer Provides
Business lawyers offer a wide array of services designed to provide long-term versatility and growth for your business. Some key services that they provide include entity formation, contract negotiation and litigation, and business dispute resolution.
Entity Formation:
Corporate lawyers assist you in choosing the right structure for your business. The three most common ownership types are: This will vary depending on many factors, and your corporate attorney at Burnham Law would advise you on what is best for your company.
Contract Negotiation and Litigation:
It’s a common experience to have difficulties with clients, vendors, employees, and landlords. This might involve anything from a simple lease to a complex purchase agreement that involves millions of dollars. A business lawyer can help with negotiating the agreement. Should things go awry and the matter cannot be resolved, your lawyer provides skills and expertise in complex litigation in Washington State courts and arbitration. It is always preferable to resolve matters quickly while keeping business relationships intact, as the litigation process can end up tainting your reputation and hurting your bottom line.
Business Dispute Resolution:
The business dispute process involves several steps, including sending out letters, negotiating, and potentially litigating an issue. The goal is to try to settle the matter without going to court. During this time, you could be experiencing operational stress. All your time is being spent on resolving the issue and not running your business. A business lawyer helps you through the process and negotiates the dispute on your behalf. As a business owner, you might not have the time to focus on all the aspects of your company. Having a corporate lawyer who can assist you with this, however, allows you to carry on with your everyday business activities.
How to Select a Business Lawyer in Vancouver, WA
Finding the right business lawyer in Vancouver, WA can be a daunting task. To help you navigate this important decision, there are several steps you should follow. First, make a list of potential candidates by searching for local business lawyers online. Websites like FindLaw and Avvo offer searchable directories of legal professionals throughout the United States and Canada. You can also ask other business owners in your area for recommendations. Please note, everyone does not have your best interests at heart, so take everything you hear with a grain of salt.
Once you have a list of at least five potential candidates, interview them. The interview process will give you a good sense of whether or not the lawyer is a good fit for you. Don’t worry if you aren’t comfortable on the phone, you can meet with them in person. Meeting face to face is preferred in many cases, even though it can take longer to set up and do. It is worth it, in the end, to select the right business lawyer. Consider asking qualifying questions such as the lawyer’s:
- Whether they have successfully handled cases similar to yours before
- Years of experience practicing law and/or working in the industry you are in or want to get into
- Ask if they have or can provide examples of previous cases they have worked on
- Talk to them about their billing practices and whether they can help you develop a budget for your upcoming legal work.
Once you have the interview, check references . While you are at it, check out online reviews about the lawyer and their practice to see what other clients are saying about them. Another way to know whether or not a lawyer is right for you is to check to make sure they are in good standing with the Washington State Bar Association. The WSBA is the governing body of all lawyers currently practicing in the state of Washington.
Try to trust your gut. Sometimes the right lawyer for you will be the one who best understands you, your business goals, and your needs. Sometimes it won’t be, but you’ll never know if you don’t meet with them.
Decide how much legal expertise your business requires, and when you need it. Several things will factor into this decision, but it is typically based on how large your company is and how much of a need you have for a lawyer at this stage of your business (i.e. do you need them for setting up contracts, or human resources issues?). If you only need a little legal assistance here and there, you may hire a lawyer only on retainer (which provides limited and/or specialized services). If you have more complex legal needs, you may need to hire a lawyer to be on staff at all times.
During your meetings with candidates, discuss their retainer fees and what types of legal work it will cover, what size projects are included, as well as any hourly fees for additional work. Ask about discounted fees as well as other payment plans for large projects. Be sure to get a written agreement for the retainer and its exact terms and conditions.
Advantages of Working with a Local Lawyer
There are numerous benefits to hiring a local business lawyer in Vancouver, WA. A local attorney will have a greater familiarity with the laws that apply to your business, as they will be the same laws that they use to advise their other clients. The same cannot be said for lawyers located in other parts of Washington or out of state. A Vancouver attorney meets all of the requirements for legal practice in Washington (they passed the Washington bar exam and are licensed by the Washington State Bar Association), so there are no issues of whether the lawyer can legally represent you.
Local lawyers are also likely to be more accessible. Potentially, you can come into the office to consult with them about your business needs, meet with them fairly easily, and get straightforward legal advice with the confidence that you are speaking with an attorney who is intimately familiar with your situation. This is not to say that all out-of-town lawyers are unqualified. But, transportation it can be a hassle, and you will definitely pay more to hire a lawyer outside of Vancouver.
The primary downside of hiring a local business lawyer in Vancouver, WA, is that your options may be limited. For example, there may not be an experienced business lawyer available if you have international or highly technical concerns. That being said, local lawyers can usually refer you to attorneys who practice in a specialty area out of town (and they will usually be able to recommend only the best and most reputable, since a bad referral reflects poorly on the referring lawyer). Overall, it is usually the case that your business needs can be met by a qualified local attorney.
The Cost of Hiring a Business Lawyer
Like many people, you might be asking how much hiring a business lawyer might cost you. The answer really does depend on your needs but we can provide a couple of rough guidelines and costs that we see in our practice.
The starting point will be the filing fees for your business. L.L.C.s in Washington currently have an 180.00 initial filing fee to file with the Secretary of State as well as a filing fee of 80.00 to file with the Department of Revenue as a business entity and 5.00 to file with the Employment Security Division. Your attorney should be able to advise you on any additional costs that may be involved.
The next area where you will likely face costs will be the various licenses your business might need depending on what type of business you are proposing to operate. This will be different for each type of business and will depend on what services will be offered and where you intend to operate your business. In the absence of a retail or customer location, it is possible to not incur initial fees for licenses. The City of Vancouver, as of September of 2018, does offer a temporary business license to operate a business within the City limits that last for one (1) day for use during special events. Otherwise, if you do not live or have an office within the City of Vancouver, you may not be required to obtain a business license , except with the Department of Revenue and the Secretary of State. The costs for these licenses will vary depending on the type of business you are proposing and where in the State of Washington or beyond operations will occur. After taxes and licensing, your next area of costs will be professional fees. Some lawyers will charge by the hour for the entire process or some may have flat fees for the initial creation of documents and follow-on filings. Of course, you can also choose to go the do-it-your self route, but you will have to strongly consider the risks associated with failing to get the proper documents filed or drafted or completing the process incorrectly. Typically, you will face two (2) to four (4) hours of attorney time at a basic rate of 250.00 per hour. That means you can expect to pay somewhere between 500.00 and 1,000.00 in attorney’s fees, plus any filing fees, licensing fees and other costs for setting up your new business with the State of Washington. We also offer payment plans depending on your situation and the size of your new business. Finally, there is the cost of performing due diligence on your new business and its operations. This can be very intensive and many business owners fail to take this into consideration because they had little to no issues during their initial formation. However, as the business grows, issues tend to also grow.
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