Business Lawyer's Handbook: What Business Lawyers Do and Why You Need One
Business Lawyer's Handbook: What Business Lawyers Do
Introduction
If you are a business owner, entrepreneur, or manager, you may have encountered various legal issues that affect your business operations, such as contracts, taxes, intellectual property, employment, compliance, and litigation. These issues can be complex and challenging to handle on your own, especially if you are not familiar with the laws and regulations that govern your industry and jurisdiction. That's why you may need the help of a professional who can advise you on your legal rights and obligations, protect your interests, and resolve any disputes that may arise.
Business Lawyer's Handbook: What Business Lawyers Do
A business lawyer is a type of lawyer who specializes in providing legal services to businesses of all sizes and sectors. Business lawyers can assist you with various aspects of your business activities, such as forming a business entity, drafting and reviewing contracts, negotiating deals, registering trademarks and patents, filing taxes, complying with laws and regulations, managing employees, and defending against lawsuits. Business lawyers can also represent you in court or in alternative dispute resolution methods, such as arbitration or mediation.
Hiring a business lawyer can bring many benefits to your business, such as saving time and money, avoiding legal risks and liabilities, enhancing your reputation and credibility, securing your assets and intellectual property rights, facilitating your growth and expansion, and achieving your business goals. In this article, we will explain what business lawyers do, what types of business lawyers there are, and how to choose the right business lawyer for your needs.
Types of business lawyers
Business law is a broad and diverse field that covers many areas of law that relate to businesses. Depending on the nature and scope of your business activities, you may need different types of business lawyers who have different areas of expertise and experience. Here are some of the most common types of business lawyers:
Corporate lawyers
What do corporate lawyers do?
Corporate lawyers are business lawyers who focus on the legal aspects of forming and running a corporation. A corporation is a type of business entity that has a separate legal personality from its owners (shareholders) and managers (directors and officers). Corporate lawyers can help you with various tasks related to setting up and maintaining a corporation, such as:
Choosing the best type of corporation for your business (e.g., C corporation, S corporation, nonprofit corporation)
Filing the articles of incorporation and other required documents with the state authorities
Creating the bylaws and other internal rules that govern the corporation
Issuing shares and raising capital from investors
Holding meetings and keeping records of the shareholders, directors, and officers
Making decisions and taking actions on behalf of the corporation
Merging or acquiring other corporations
Dissolving or liquidating the corporation
Corporate lawyers can also advise you on the rights and duties of the shareholders, directors, and officers, as well as the potential liabilities and risks that they may face. Corporate lawyers can also represent you in any disputes or lawsuits that involve the corporation or its stakeholders.
How to become a corporate lawyer?
To become a corporate lawyer, you need to have a bachelor's degree, a Juris Doctor (JD) degree from an accredited law school, and a license to practice law in your state. You also need to have knowledge and skills in various areas of law that relate to corporations, such as business law, contract law, securities law, tax law, and corporate governance. You may also need to have experience in working with corporations or in corporate law firms. You may also need to have some business acumen and communication skills to understand and advise your clients effectively.
Commercial lawyers
What do commercial lawyers do?
Commercial lawyers are business lawyers who focus on the legal aspects of conducting business transactions and activities. A business transaction is an exchange of goods, services, money, or other valuable things between two or more parties. Commercial lawyers can help you with various tasks related to entering into and performing business transactions, such as:
Drafting and reviewing contracts and agreements
Negotiating terms and conditions with other parties
Ensuring compliance with laws and regulations that apply to your industry and jurisdiction
Protecting your rights and interests in case of breach of contract or non-performance
Enforcing or terminating contracts and agreements
Resolving any disputes or conflicts that may arise from the transactions
Commercial lawyers can also advise you on the best practices and strategies for conducting business transactions and activities, such as choosing the most suitable type of contract, avoiding common pitfalls and mistakes, minimizing risks and costs, maximizing benefits and opportunities, and maintaining good relationships with other parties.
How to become a commercial lawyer?
To become a commercial lawyer, you need to have a bachelor's degree, a Juris Doctor (JD) degree from an accredited law school, and a license to practice law in your state. You also need to have knowledge and skills in various areas of law that relate to business transactions and activities, such as contract law, commercial law, consumer law, antitrust law, trade law, and international law. You may also need to have experience in working with businesses or in commercial law firms. You may also need to have some negotiation skills and analytical skills to handle complex and diverse transactions effectively.
Intellectual property lawyers
What do intellectual property lawyers do?
Intellectual property lawyers are business lawyers who focus on the legal aspects of creating and using intellectual property. Intellectual property is a type of property that consists of intangible creations of the human mind, such as inventions, designs, works of art, trademarks, logos, slogans, names, etc. Intellectual property lawyers can help you with various tasks related to protecting and exploiting your intellectual property rights, such as:
Conducting research and analysis on the existing intellectual property rights in your field or industry
Filing applications for registering your intellectual property rights with the relevant authorities (e.g., patent office, trademark office)
Maintaining and renewing your intellectual property rights
Licensing or transferring your intellectual property rights to other parties
Monitoring and enforcing your intellectual property rights against infringement or misuse by other parties
Defending yourself against claims of infringement or misuse by other parties
Intellectual property lawyers can also advise you on the best practices and strategies for creating and using your intellectual property rights, such as choosing the most suitable type of intellectual property protection, avoiding conflicts or overlaps with other intellectual property rights holders, maximizing the value and potential of your intellectual property assets, and complying with the laws and regulations that govern your intellectual property rights.
How to become an intellectual property lawyer?
To become an intellectual property lawyer, you need to have a bachelor's degree, a Juris Doctor (JD) degree from an accredited law school, and a license to practice law in your state. You also need to have knowledge and skills in various areas of law that relate to intellectual property rights, such as patent law, trademark law, copyright law, design law, trade secret law etc. You may also need to have experience in working with intellectual property rights holders or in intellectual property law firms. You may also need to have some technical skills or background in the field or industry that relates to your intellectual property rights.
Employment lawyers
What do employment lawyers do?
Employment lawyers are business lawyers who focus on the legal aspects of managing and working with employees. Employees are people who work for a business under a contract of employment or a similar arrangement. Employment lawyers can help you with various tasks related to hiring, training, compensating, evaluating, disciplining, terminating, and retaining employees, such as:
Drafting and reviewing employment contracts and agreements
Ensuring compliance with laws and regulations that apply to your industry and jurisdiction regarding labor standards, wages, benefits, health and safety, discrimination, harassment, etc.
Protecting your rights and interests in case of breach of contract or misconduct by employees
Enforcing or terminating employment contracts and agreements
Resolving any disputes or conflicts that may arise from the employment relationship
Employment lawyers can also advise you on the best practices and strategies for managing and working with employees, such as choosing the most suitable type of employment relationship, avoiding common pitfalls and mistakes, minimizing risks and costs, maximizing productivity and performance, and maintaining good relationships with employees.
How to become an employment lawyer?
To become an employment lawyer, you need to have a bachelor's degree, a Juris Doctor (JD) degree from an accredited law school, and a license to practice law in your state. You also need to have knowledge and skills in various areas of law that relate to employment relationships, such as labor law, employment law, human rights law, etc. You may also need to have experience in working with employers or employees or in employment law firms. You may also need to have some interpersonal skills and ethical skills to handle sensitive and confidential issues effectively.
Tax lawyers
What do tax lawyers do?
Tax lawyers are business lawyers who focus on the legal aspects of paying and collecting taxes. Taxes are mandatory payments that businesses and individuals have to make to the government or other authorities based on their income, profits, property, sales, etc. Tax lawyers can help you with various tasks related to filing and paying taxes, such as:
Preparing and submitting tax returns and other required documents with the tax authorities
Calculating and paying the correct amount of taxes according to the applicable tax laws and regulations
Claiming deductions, credits, exemptions, or refunds that you are entitled to
Protecting your rights and interests in case of audits, investigations, or disputes by the tax authorities
Negotiating settlements or agreements with the tax authorities
Appealing or challenging tax assessments or decisions by the tax authorities
Tax lawyers can also advise you on the best practices and strategies for filing and paying taxes, such as choosing the most suitable type of tax structure for your business (e.g., sole proprietorship, partnership, corporation), avoiding errors or omissions that may result in penalties or interest charges, minimizing your tax liabilities and maximizing your tax savings legally.
How to become a tax lawyer?
To become a tax lawyer, you need to have a bachelor's degree, a Juris Doctor (JD) degree from an accredited law school, and a license to practice law in your state. You also need to have knowledge and skills in various areas of law that relate to taxes, such as tax law, accounting law etc. You may also need to have experience in working with taxpayers or tax authorities or in tax law firms. You may also need to have some mathematical skills and analytical skills to handle complex and diverse tax issues effectively.
How to choose the right business lawyer for your needs
Now that you know what business lawyers do and what types of business lawyers there are, you may wonder how to choose the right business lawyer for your needs. There is no one-size-fits-all answer to this question, as different businesses may have different legal needs and preferences. However, here are some general tips that may help you find a suitable business lawyer for your situation:
Consider your business goals and legal issues
The first step is to identify your business goals and legal issues that you need help with. For example, you may want to start a new business, expand your existing business, enter into a new contract, protect your intellectual property rights, comply with tax laws, resolve a dispute with another party, or defend yourself against a lawsuit. Depending on your specific goals and issues, you may need different types of business lawyers who have different areas of expertise and experience. For example, if you want to start a new business, you may need a corporate lawyer who can help you form a business entity and file the necessary documents. If you want to enter into a new contract, you may need a commercial lawyer who can help you draft and review the contract and negotiate the terms and conditions. If you want to protect your intellectual property rights, you may need an intellectual property lawyer who can help you register and enforce your rights. If you want to comply with tax laws, you may need a tax lawyer who can help you file and pay your taxes correctly. If you want to resolve a dispute with another party, you may need a litigation lawyer who can help you settle or litigate the matter.
Research and compare different lawyers and law firms
The next step is to research and compare different lawyers and law firms that offer the type of legal services that you need. You can use various sources of information to find potential candidates, such as:
Online directories and databases that list lawyers and law firms by their name, location, practice area, ratings, reviews, etc.
Online platforms and websites that connect clients with lawyers and law firms based on their needs, preferences, budget, etc.
Online articles and blogs that provide insights and tips on how to choose a business lawyer or law firm
Offline sources, such as newspapers, magazines, books, journals, etc., that feature lawyers and law firms or their achievements, awards, recognitions, etc.
Once you have a list of potential candidates, you can compare them based on various criteria, such as:
Their qualifications, credentials, education, training, licenses, certifications, etc.
Their areas of expertise, experience, specialization, reputation, track record, success rate, etc.
Their availability, accessibility, responsiveness, communication style, personality, etc.
Their fees, charges, billing methods, payment options, etc.
Their testimonials, references, feedbacks, reviews, ratings, etc.
Ask for referrals and testimonials from other clients
Another useful way to find a suitable business lawyer or law firm is to ask for referrals and testimonials from other clients who have used their services before. You can ask your friends, family members, colleagues, partners, suppliers, customers, or other people in your network who have similar business goals or legal issues as yours. You can also ask the lawyers or law firms themselves to provide you with some references or testimonials from their previous or current clients. By doing so, you can get some firsthand information and insights on how the lawyers or law firms work, what they can do for you, how they charge you, how they communicate with you, how they handle your case, how they solve your problems, how they achieve your goals, etc. You can also ask them some specific questions that relate to your situation, such as:
How did you find the lawyer or law firm?
What type of legal services did they provide for you?
How long did they work with you?
How satisfied were you with their services?
What were the strengths and weaknesses of the lawyer or law firm?
What were the results or outcomes of your case?
Would you recommend them to others?
What advice would you give to someone who wants to hire them?
Schedule a consultation and prepare questions to ask the lawyer
The final step is to schedule a consultation with the lawyer or law firm that you have selected or shortlisted. A consultation is an initial meeting or conversation that allows you to get to know the lawyer or law firm better and to discuss your case in more detail. A consultation can be done in person, over the phone, or online, depending on your preference and availability. A consultation can be free or paid, depending on the policy and practice of the lawyer or law firm. A consultation can be brief or long, depending on the complexity and urgency of your case. A consultation can be formal or informal, depending on the style and tone of the lawyer or law firm.
During the consultation, you should prepare some questions to ask the lawyer or law firm that relate to your case and your expectations. Some examples of questions that you can ask are:
What is your background and experience in handling cases like mine?
me?
What are the potential risks and benefits of each option or strategy?
What are the possible outcomes or scenarios of my case?
How long will it take to resolve my case?
How much will it cost to hire you and how do you charge your fees?
How will you communicate with me and keep me updated on my case?
Who else will be working on my case and what are their roles and responsibilities?
What are your expectations from me and what do you need from me to work on my case?
Do you have any questions or concerns about my case or about working with me?
By asking these questions, you can get a better understanding of the lawyer or law firm's expertise, experience, approach, style, personality, etc. You can also get a clearer picture of what to expect from them and what they expect from you. You can also get a sense of whether you feel comfortable and confident with them and whether you can trust them and work with them effectively.
Evaluate the lawyer's experience, expertise, communication skills, and fees
After the consultation, you should evaluate the lawyer or law firm's experience, expertise, communication skills, and fees based on the information and impressions that you have gathered. You should consider the following factors:
Experience: How long have they been practicing law and how many cases like yours have they handled before? How successful have they been in achieving favorable results for their clients? How familiar are they with the laws and regulations that apply to your industry and jurisdiction?
Expertise: How well do they know the area of law that relates to your case? How well do they understand your business goals and legal issues? How well do they analyze your situation and provide you with sound legal advice and solutions?
Communication skills: How well do they communicate with you and listen to your needs and concerns? How well do they explain complex legal concepts and terms in simple and understandable