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As mentioned in my previous blog post, it’s becoming easier for small businesses to find accessible legal advice with technology and new business models allowing small and medium sized businesses to access services that were once typically only used by larger companies.
Making the decision to hire a business attorney is one that you should make when you aren’t in any trouble (and probably don’t think you have any legal needs). If you are being sued, it's too late. Most small businesses put off hiring a lawyer until they get served with a summons for a lawsuit. At this point you’ve already got a problem, and the only important question is how much you are going to have to pay to get it fixed. That’s the situation you want a lawyer to help you avoid.
So, let’s say you’ve decided that your company is going to retain the services of a small business lawyer, someone who can be a part of your team, acting as an advisor and counselor, and try to prevent that summons from showing up. What should you be looking for in this person - the law degree is a given, but what other skills or knowledge should this person have in order to really be an asset to your company?
Here are a couple of tips for finding a small business attorney that can act as your company’s Chief Legal Officer:
Look for somebody that focuses on small business law. There are a lot of lawyers out there who are in general practice, which will include being a “small business lawyer”, but this probably isn’t the route you want to go. You want someone who can do more than help you form an LLC or advise you on what it means to be a sole proprietor. Look for a firm that does nothing but business law, they are going to be much better at proactively managing your risk and recognizing opportunities.
Ideally, you’ll want someone who has a background in actual business, not just experience as a business lawyer. I know a lot of business attorneys, including ones at huge firms, that don’t know anything about business. Having a lawyer with a business background, or strong understanding of how businesses work, will be a great asset; they will understand challenges you are facing and can advise you accordingly.
Look for a firm that can stick with you for a while, and support you as your business grows. You don’t want a lawyer who forms your corporation or LLC and then just disappears. You want an attorney who can work with you while you’re getting started, growing and establishing your business.
Beyond knowledge of the law and business, a lawyer acting as your chief legal officer should be adept at listening (this is a big problem for most lawyers), collaboration, and thinking outside the box. No business wants to work with a lawyer who just says no to everything, the key is to find someone who can figure out how to protect your business while you do what you want. Additionally, you want a strategic thinker, someone who can build systems and process, integrating legal into your operations so it isn’t something that’s constantly holding up the progress of your business.