How to Find a Corporate Attorney

If you're starting or running a small business and looking to incorporate, one of your first thoughts may have been whether you needed an attorney. While technically you can incorporate your business on your own, an attorney can provide invaluable assistance and save you considerable time and effort. After incorporation, you may encounter various legal questions or problems with your business, such as profit allocation, tax, or employment issues – and having an attorney you can consult when these issues arise is a valuable asset. To find a corporate attorney, you must evaluate your present and potential future needs and interview candidates to determine the best fit for your business.^{[1]XResearch source}^{[2]XResearch source}

Part 1

Part 1 of 3:

Searching for Candidates

1
Identify your legal needs. Your first step should be getting a good sense not only of what you need assistance with now, but what you are likely to need in the future.^{[3]XResearch source}
- Your ideas regarding how you want your business to grow can help you identify the areas in which you want your corporate attorney to have knowledge and experience.
- Finding someone who can handle the bulk of your legal issues can save you time and money down the road. For example, if you're starting a mobile application business, you want an attorney that not only can handle the business side of things, including incorporation and basic business transactions, you also want someone with an understanding of technology and intellectual property.
- If you anticipate developing your business into a franchise or expanding into other states, you may want to look for an attorney who is licensed to practice in those states – or who works for a larger firm with offices in other states.
- At the same time, keep your realistic goals separate from "pie in the sky" dreams for your company. While you want an attorney who can help your business grow, there's no sense in paying high attorney's fees for someone that will be more help to you 20 years from now than he is now.
2
Talk to friends and colleagues. Recommendations from people whose judgement you trust often are your strongest leads when searching for a corporate attorney.^{[4]XResearch source}
- For example, if there's a company in your area with a similar business model to that of your own company that you admire, ask the owners or managers of that company who their attorney is.
- Local chambers of commerce and trade organizations also are good places to find attorneys. Ask business connections, but also look for attorneys that frequently give talks about legal issues facing small business owners and entrepreneurs.
- You also should talk to other professionals with whom you do business, such as bankers, brokers, or accountants. Many of these professionals work with attorneys on a regular basis and can give you the names of some attorneys with sterling reputations – as well as some you should stay away from.
- Online directories and referral services also can be a way to find a corporate attorney. Many of these services vet an attorney's credentials before he or she is listed, and may include reviews from clients and colleagues to help you evaluate each attorney's merits.
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3
Check with your local bar association. Most local bar associations have searchable directories on their websites of attorneys licensed to practice law in your area.^{[5]XResearch source}
- The American Bar Association has a similar member directory that is nationwide. This directory might be especially important to you if you want an attorney who is licensed in several jurisdictions.^{[6]XResearch source}
- Distinguish between litigation and transactional attorneys. You don't need to hire a litigation attorney unless you've actually been served with a lawsuit, and it's a waste of money to keep one on retainer. A transactional attorney will help you organize your business and draft contracts with the aim of preventing issues from reaching the point of litigation.^{[7]XResearch source}^{[8]XResearch source}
4
Evaluate attorneys' websites. An attorney's website can give you a good understanding of that attorney's specialties and his or her track record.
- You can learn a lot by looking at an attorney's website, including the size of the firm, the number of years the attorney has been practicing, what his or her specialties are, and biographical details about his or her family and educational background.
- If the attorney has a client list, evaluate those businesses and see how close to yours they are. This will give you an idea as to whether the attorney is comfortable working with businesses like yours. If you have a small, local business, you probably don't need to hire an attorney who works in a large law firm and has nothing but Fortune 500 clients.
- Large firms with prestigious names may seem impressive, but they also have more overhead than smaller firms – and you'll pay for the prestige in the form of higher fees.^{[9]XResearch source}
- Keep in mind that if you retain this attorney, his or her website will become part of the face of your business. Relatively inconsequential factors such as layout and web design may play a larger role depending on the type of business you have.
- For example, if you have a start-up that designs mobile apps, you probably don't want to work with an attorney whose website design looks like it hasn't been touched since 1997.
5
Narrow down your list of candidates. You typically can use online research to find a handful of attorneys who stand above the rest you've considered.^{[10]XResearch source}
- If you're just starting out, consider focusing on solo practitioners, particularly those with previous experience at a large firm. These are attorneys that have the knowledge to work with small and growing clients, and can anticipate issues that will arise as your business gets larger.
- Keep in mind also that solo practitioners are small business owners too. A solo practitioner knows what it takes to run a small business because he or she made the choice to open a law firm.
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Part 2

Part 2 of 3:

Interviewing Prospective Attorneys

1
Schedule an initial consultation. You want to interview at least three or four attorneys in person before you make your final decision.^{[11]XResearch source}
- Most attorneys provide a free initial consultation. However, don't be afraid to pay a fee – often a free consultation is little more than a sales pitch for the attorney. If you pay for the attorney's time, you may get more of an opportunity to discuss your personal needs.
- If the attorney requests informational forms or other information, make sure you submit them well in advance of your interview so the attorney has time to review your information.
- Even through the process of scheduling your initial meeting, you should evaluate the attorneys in terms of their response time. This is an indication of how responsive that attorney will be to you in the future. If you tell an attorney you're interested in retaining them and don't hear back within 24 hours or so, that tells you that either that attorney is already too busy to accommodate you or that he or she doesn't care about your business.^{[12]XResearch source}
2
Explain the nature of your business. Give each attorney a sense of the type of business you have and your goals for the future.^{[13]XResearch source}
- Treat the interview the same as you would a meeting with investors, and take the opportunity to sell your business to each attorney. An attorney who is enthusiastic about your business will be equally enthusiastic about helping you, even if you aren't a lucrative client at first.
- Don't be afraid to bring samples of your product so attorneys can experience it firsthand. For example, if you've opened a bakery that you hope to develop into a chain with locations throughout the state, bring samples of the cookies, cupcakes, and other confections you create.
- Be honest about the work you're comfortable handling yourself, and where your weaknesses lie. An attorney will be much more willing to work with you on fees if you can meet him or her halfway and handle part of the work yourself.^{[14]XResearch source}
- For example, perhaps you're willing to draft all the documents you need for incorporation yourself, but want an attorney to review your work and make sure you haven't left anything out.
3
Ask each attorney lots of questions. Come to the interview prepared with a list of questions or concerns that you want to address.^{[15]XResearch source}^{[16]XResearch source}
- Keep in mind that you need to hire the best attorney for the needs of your business. Your questions should be focused on those needs, as well as your plans for growth and how the attorney will work with you to facilitate that growth.
- Ask about the attorney's communication style. You need to find out how available he or she is, how promptly phone calls or email queries are answered, and what the attorney's turnaround time is for projects.
- Find out the type of clients the attorney has and how much of his or her practice is devoted to the type of work you need done for your business. Someone who specializes nearly exclusively in the organization and consultation of small businesses probably will serve you better than a generalist who takes every case that comes in his door, from contracts to personal injury to DUI defendants.
- Don't be afraid to discuss finances with each attorney, particularly if you have a relatively small budget and need to be able to cut costs where you can. A good corporate attorney understands the limitations and difficulties inherent in starting or running a small business, and can come up with creative solutions to ensure you both prosper in the relationship.
4
Observe each attorney's demeanor. You potentially will be spending a lot of time with the attorney you hire, so you want to make sure you're comfortable with him or her.^{[17]XResearch source}
- Focus on the level of attention the attorney gives to you, as this can be indicative of how the attorney will treat you in the future.
- For example, if the attorney leaves his or her door cracked and routinely interrupts the consultation by taking phone calls or attending to questions from assistants, he or she is sending you a signal that other clients are more important than you.
- Watch the way the attorney answers your questions, paying particular attention to tone. If the attorney seems dismissive of something that actually is very important to you, this should raise concerns over whether this attorney will take you and your goals seriously.
- Similarly, if the attorney frequently interrupts you, cuts you off, or tells you one of your questions isn't important or can be dealt with at a later date without explaining why, you should consider whether this attorney will railroad you or value his or her own ideas for your business over what you want.
5
Evaluate the tone and mood of the office. The atmosphere in the office can give you a good idea of how the attorney works and what his or her priorities are.
- Part of deciding whether you want to work with another individual or business is observing how she treats the people she employs. Everyone has stressful or difficult days, but ultimately the people working in the attorney's office should seem comfortable with their positions and engaged in their work.
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Part 3

Part 3 of 3:

Making Your Final Choice

1
Consider the cost of each prospect. Although cost shouldn't necessarily be your only – or even primary – concern, you want to make sure your attorney's fees will fit into your budget.^{[18]XResearch source}
- If there's someone you really like and think would be a tremendous asset, don't decide against him or her solely because of fees. Attorneys typically are willing to negotiate, particularly if they're excited and interested in your business.
2
Make a list of pros and cons for each attorney you interviewed. To evaluate your candidates objectively, consider the advantages and disadvantages of each.
- Although the items on your list will be objective qualities, such as the location of the office or the attorney's fees, your analysis of these qualities should be subjective. Focus on the importance of each quality to your needs and the needs of your business.
- In a way, you might think of choosing an attorney the same as choosing between houses to buy. Although you have a list of ideal characteristics, it's not likely that you'll find a house in your price range that has everything on your list. You have to prioritize things that are most important – such as location – with the understanding that your priorities might be different from someone else's.
- Don't be afraid to go with your gut. An attorney may be perfect on paper, but rubbed you the wrong way in the interview. Even if that attorney has everything you need, all that skill and experience won't do you much good if you can't stand to work with him.^{[19]XResearch source}
3
Call the attorneys you interviewed. You should call each attorney – not just the one you've chosen – as soon as possible with your final decision.
- Attorneys you've decided not to retain will appreciate the professional courtesy of a call to let them know that you've decided to go with someone else.
4
Get details of the representation in writing. Once you've chosen your attorney, make sure you have a written retainer agreement that lays out specifically what the attorney will do for you and the rates he or she will charge.^{[20]XResearch source}
- In particular, the retainer agreement should include specifics on the fees your attorney will charge, when those fees are due, and how costs will be assessed.
- Once you've got the terms and conditions of the relationship hammered out, you can begin building a comfortable and productive working relationship. Keep in touch with your attorney and keep him or her updated on the progress of your business and any questions you might have.^{[21]XResearch source}
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