Monday, August 20, 2007

DEFINING NEED - Why you need an Attorney or Lawyer?

Define what you need. Make a list. Our reader brought forward quite a list, with a lot of variety: contacting, human relations, vendors, patents and trademarks, international trade, real estate, ownership and competition. And our reader, quite rightly, observed that these various functions require different skills filled by different attorneys. The legal field is broad with many disciplines and there’s no attorney out there who can do everything. Some of what needs to be done requires the attorney to have special training and credentials, such as patent work. Other activities do not require special credentials but are best done by attorneys who have chosen to specialize. By now, you may be getting the idea that your company may need several attorneys.

The first thing you probably want to do is find one attorney to act as overall advisor. You want someone with a business law practice who you can trust to look out for your company’s best interests. You want a generalist with good connections to other attorneys who are skilled in various business law disciplines, and who all have sound reputations. If you find an attorney who says he or she can do it all, watch out. You want an attorney who is confident and willing to refer business out to other attorneys, whether to other attorneys in his or her own firm, or to other firms.

Look for an attorney with several years of experience with a law practice at the partner or owner level. Interview several attorneys, including sole practitioners and people who are partners in firms. Remember, the first attorney you hire is probably a generalist who isn’t going to do everything you need but is willing to refer business to other attorneys. Also, this attorney should have the skill, experience and connections to know how to find the right attorney for each situation that might come up.

You are looking for someone you can talk with openly, someone with whom you can be comfortable working. You want someone who asks insightful questions and helps you get clear about what you’re trying to accomplish. Also, take a look at the attorney’s track record in growing his or her own practice. If this person is going to advise you on growing your firm, you want someone who has done the same.

You also want an attorney with a basic business law practice. Your primary attorney should be someone who can handle many of the routine activities your firm will encounter. Typical basics you’re looking for might include contracting, handling basic employee issues such as setting up simple employment agreements, and dealing with vendor disputes.

Ask for references. Speak to other business owners of size and experience similar to yours. Find out what those clients like about the attorney who referred you to them. Ask about the kinds of business they entrust to that attorney and what gets farmed out to other firms. Ask how long they’ve worked together and when they think they will be likely to outgrow the firm. Ask how the attorney does at managing fees --­ more on this in a minute.

You want an attorney who will treat you with respect and explain what’s going on in a way that you can understand. You need to understand why one action is recommended over another -- which means you two can communicate well. You also want an attorney who is discriminating in the referrals he or she makes. Good attorneys will have a deep Rolodex of connections, other attorneys with whom they have done work, people they know they can rely on to do a good job in a variety of situations.

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