When your company is just getting off the ground, the last thing you want to do is spend money on things that aren’t absolutely necessary. Many small-business owners believe that legal fees are superfluous and should be avoided. Because of this, many people make decisions without contacting an attorney, and sadly they might find themselves in legal trouble later on down the road. The last thing you want to do is wind up losing yourself even more money — or possibly your company — as a result of your failure to adequately prepare yourself for an event. As an alternative, seek the advice of a knowledgeable attorney before finding yourself in a sticky situation and spare yourself the difficulties.
But when do you need the services of an attorney and when can you manage the situation on your own? It’s a difficult question to respond to. You’ll discover ten reasons why your new small company could want the services of an attorney in the section below.
Table of Contents
Developing Collaborations
When it comes to beginning a small company, cash and human resources are the most important resources. Partners may bring together these two significant resources, but how do you go about creating a partnership? Partnerships are legally binding arrangements that define each party’s obligations and determine the very heart of the firm you’re establishing from the ground up, regardless of whether you seek legal advice. However, while a simple handshake or an agreement you’ve created yourself may seem sufficient, it’s best to have your partnership agreement drafted or at the very least reviewed by an experienced business attorney to ensure you don’t miss any loopholes or put your business in a position where it’s on the line.
Incorporating
Incorporation is a legal procedure that allows you to create your company as a separate legal entity from your own money, rather than an extension of your personal funds. While you may complete the incorporation process on your own—your local government can assist you in locating and filing the appropriate forms—frequently it’s a good idea to check with an attorney beforehand to verify that you develop the proper sort of incorporation for your company. While the majority of firms can get by as ordinary LLCs (Limited Liability Corporations), some may wish to investigate S Corporations as an alternative. Although the changes seem to be little at first glance, they have far-reaching consequences.
How to Choose a Business Name
Your company’s name is simply a condensed version of what your company does. It has an impact on everything from your logo to your signs and packaging and everything in between. It is important to do due diligence and check that your company name isn’t already in use someplace else (or hire an attorney to conduct the necessary research for you) in order to prevent being served with a stop and desist order.
Terms Associated with Trademarking
A trademark may be a beneficial business tool that protects your profits from being taken advantage of by the competitors. Applying for a trademark, on the other hand, might be a difficult process. You must first do research on the phrase to see whether or not it is being used elsewhere in the United States. Once you have completed the papers and paid the costs, you will need to wait for the government to complete its task. If you make a mistake in any of the stages along the way, you will get a negative message and will be required to start the procedure again from the beginning. Hiring an attorney to perform the legwork for you might save you the time and trouble of making a mistake the first time around.
Employees are being hired.
When it comes to recruiting your first group of staff, there are several factors to consider. Employees are afforded preferential legal treatment under both state and federal law. Not only do you need to be aware of the laws, but you also need to be willing to follow them. In fact, if you are unfamiliar with employment law, even something as basic as establishing a staff handbook might seem like walking through a labyrinth. It therefore becomes necessary to classify employees, maintain records, and account for taxes. Small company owners who are battling to get their organisation up and running may find it difficult to cope with the pressures of their job.
Obtaining IRS Classification is a difficult task.
When you operate a company, you must submit specific papers to the Internal Revenue Service (IRS), such as an application for an EIN (Employer Identification Number). If you’ve ever attempted to file your personal taxes on your own, you’re well aware of the difficulties that might arise. Consider the layers upon layers of company litigation and tax legislation that have been placed on top of each other. When it comes to tax season, an attorney can surely make things easier for you and help you avoid fines and penalties.
Creating Contracts is a complicated process.
It doesn’t matter if you’re negotiating with a business partner, drafting a contract for your customers, or working with a third-party service provider (such as a freelance marketer), you’ll want to include strong wording in your contract. When you use a badly selected term in a contract, you might create a legal loophole that will make it impossible to enforce the deal later. If you insist on “saving yourself money” by putting together your own contracts from samples found online, at the very least have a lawyer review the final agreement before your contractee signs on the dotted line to confirm that everything is in order.
Obtaining Licenses and Permits is a necessary step.
It is possible that you will need a range of licences and municipal permissions depending on the sort of company you are launching in order to avoid having your operation shut down after its initial inspection. Legislation governing licensure, on the other hand, may be confusing and difficult to navigate. While your local business office may assist you in wading through the paperwork, it is generally more convenient to employ a third-party legal professional to guide you through the procedure instead.
Lawsuits
Nobody likes to be the target of a lawsuit, but the odds are that if your company has been in existence for any length of time, you will be the subject of at least one. There are a variety of claims against you, ranging from wrongful termination actions brought by former workers to product liability suits filed by consumers. While many small business owners choose to settle out of court (in order to prevent negative publicity or just to “simplify” the process), going to court and fighting for your rights may frequently result in a more favourable conclusion for your company. You will, however, want the assistance of an attorney; it is never smart to approach a courtroom without one.
Making the decision to get into a franchise agreement
While many small business owners believe that entering into a franchise agreement would expedite the process of getting their company up and running, global or even local franchises come with a great deal of accountability (not to mention legal documentation). It’s usually a good idea to conduct as much research as possible on a prospective franchise, which includes checking through every paperwork with a fine-toothed comb before signing anything. Failure to comply with this requirement may result in you misinterpreting your commitments to the franchise and finding yourself on the outs before you have even begun operations.
Finding an attorney does not have to be an expensive endeavour.
While there is a prevalent misconception that legal counsel is expensive, this is not always the case. Generis global gives you and your company with access to legal specialists from around the nation for a fraction of the expense of employing a traditional law firm in your local area. Using this service, you may connect with specialists who are able to offer reduced prices because they do not have the financial overhead of large (or even small) corporations and because they do not have any quotas or numerical commitments to their superiors. However, this does not imply that you will be deprived of any of the skills. In effect, you’re receiving the same service for less money, and you can do it from the comfort of your own home or workplace. Furthermore, you are not required to pay exorbitant fees only to talk with a single person. So don’t allow the fictitious expense of employing a legal expert prevent you from receiving the assistance you need.