If you’ve just started your own business, you are likely focused on keeping things simple and keeping costs down. But as your business grows, you may find yourself facing more and more complicated issues. At what point should you consider hiring an attorney? According to Don Kochersberger of Streubel Kochersberger Mortimer in Albuquerque, New Mexico, the best time to hire an attorney is before you really need one.
Do I Need an Attorney?
Sometimes the need for a business lawyer is obvious. If you’re being sued, for example, there’s no question that you’re going to need representation. Other times, however, the situation may be less clear. In order to determine whether to consult an attorney about an issue facing your company, it may be helpful to consider the stakes. What might a misstep in a particular area cost you? Could you lose your business? Are your personal assets also at stake?
According to Kochersberger, one of a business lawyer’s most important roles is to help you avoid costly litigation. In fact, he says, it is much more cost-effective to hire an attorney to help you prevent legal problems than to help you get out of legal trouble once it’s already happened. Hiring an attorney to review your contracts and offer advice in sticky situations, he says, could actually save you a fortune in legal fees, settlements or damages by preventing lawsuits from occurring in the first place.
In any case, says Kochersberger, you’ll want to have an attorney on hand in case you do find yourself facing serious legal problems. “The time to find an attorney for your business is before any trouble starts,” he explains. “Then you’re in the best possible position to respond when the unexpected occurs.”
Specialist vs. General Practitioner
When choosing an attorney, should you look for someone whose practice focuses solely on business law? Yes, says Kochersberger. While business law isn’t specialized, technically speaking, it’s certainly specific and nuanced.
“The types of issues businesses face are very different than those that arise, for example, in personal injury cases,” Kochersberger explains. “You want to be working with an attorney who deals with companies and issues just like yours on a daily basis.”
There is a lot of interaction that occurs between the various components of business law, he says. An attorney who is not only experienced in business law, but who works exclusively in that area, is going to be much more likely than a general practitioner to spot potentially problematic issues before they result in costly litigation for your company.
Personality and Communication Style
Obviously, says Kochersberger, any time you hire an attorney, you should first and foremost consider his experience. Has he handled cases and companies like yours in the past? How long has he been in business? However, he says, certain intangibles matter as well. When you hire an attorney for your business, you’re establishing a long-term relationship. “You can expect to be working hand in hand with your attorney through lots of tough issues,” he says, “and you’ve got to feel as though you can trust him.”
While they may, at first glance, seem relatively inconsequential, an attorney’s personality and communication style should be important factors in your decision whether or not to hire him. You’re going to be asking this person for help with some very important decisions, Kochersberger explains. If you don’t have confidence in his advice or you feel that he’s simply not listening to you, what’s the point? As in any business relationship, chemistry matters. The best attorney for your business is going to be someone with whom you feel comfortable, who brings a solid body of experience to the table, and is an individual you can trust to provide sound advice in any situation.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.
