Do I Need a Business Attorney When Starting My Business?

By Brad Nakase, Attorney

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Get Smarter. Search FAQs.

1. Do I Need a Business Attorney When Starting My Business?

2. Look At Your Business’s Needs

3. When Do I Need a Business Attorney For My Startup?

4. When Can I Do It Myself Rather Than Hiring a Business Attorney?

Do I Need a Business Attorney When Starting My Business?

This is a common question we hear from clients who are starting their own business. Do they really need a business lawyer? When do they need to hire a business lawyer? The answer to these questions will depend greatly upon your business.

Look At Your Business’s Needs

When you hire an attorney will depend on your business and its structure. If you are choosing a simple business structure, like a sole proprietorship, then you may not need a business attorney to start it. A sole proprietorship does not require its owner to register with the state or much paperwork.

More complex business structures like LLCs and partnerships require state registration and operating agreements must be prepared. This process is a little more complex, so it may be beneficial to hire a business attorney to help.

S Corporations and corporations are the most complex. Not only do they have to register with the state, but they must prepare documents like bylaws. It is recommended you hire a business lawyer to assist with this.

Finally, your business needs to comply with employment laws. Therefore, you should hire a employer attorney for your company.

When Do I Need a Business Attorney For My Startup?

The most common ways a business attorney can help a start-up is:

Offering assurance that you’re starting the business right.
Ensuring you fill out the necessary paperwork and helping you to fill them out.
Allowing you to focus on other things rather than learning the legal process of starting a company.
Discussing the pros and cons of legal structures.
Trademarking and otherwise legally protecting your company.

When Can I Do It Myself Rather Than Hiring a Business Attorney?

Some forms are quite simple such as the Articles of Organization for an LLC form.
You can save money on the simple tasks and learn a little bit about the process yourself.
There is a lot of free help online and guides to filling out the forms and the steps required to start a business.
If your business is straightforward, then there are a lot of forms on the internet that can make the process of filing paperwork easier.

Have a quick question? We answered nearly 2000 FAQs.

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