I receive requests for referrals from time to time with business owners asking for a business attorney. But...
Business attorneys are not made equal.
Some attorneys focus on small businesses. Others on large companies or franchises.
Some do only business registration and contracts (that’s limited to state law only). Others do trademarks and copyrights (that’s federal law).
Then there are those who work only with certain types of businesses or issues.
Some attorneys only do trademark registration but not prosecution. Same with contract drafting versus litigation.
Here are a few tips for choosing the right lawyer:
Attorney is the proper title for a lawyer who passed the bar exam to be licensed to practice law in a state. Lawyers just graduate law school and are not authorized to practice law.
Understand attorneys cannot work with any business. Our law licenses limit us to state practice only unless it’s a federal legal area.
Know what legal needs require an attorney licensed in your state versus any attorney. Business formation, contracts, employment law, and legal counsel are all state. Trademarks and copyrights are federal (any attorney).
Facts matter and your industry. Be clear with the attorney or check out their website to see if they work with your kind of business. Some industries have more regulations (rules) so a specialized attorney is what you would need (i.e., cosmetics, food, construction, etc.).
Check the state bar registry to make sure they are licensed. A fake attorney got found out for trying to represent a woman CEO. Her business is well known but it could have gone another way real quick. Yes, there are scammers in the law. Oh, watch out for attorneys who are disbarred aka they have been suspended from the practice of law and their license was snatched.
Check out their social media to see if you like them. You should work with someone who you like or have common values with as they are working with you in and on your business, but you want to find someone you can build a relationship with so that they become familiar with your business and your legal needs.
Now, I see business owners all the time asking for referrals, but because they don’t understand what I shared above and that there are different attorneys for different things, their requests go unanswered.
So, here are a few tips for requesting a referral that gets a response!
Identify the area of law.
Employment law has two sides - employer and employee. It’s best to be specific about the area of law and the side. For example, business attorneys may not do contracts or all types of contracts like Franchise Agreements or Copyright Licensing (#3). Same with Trademark Attorneys who may not do Copyrights and if you need non-Trademark help, your Trademark Attorney may not be able to help you if they are not barred in your state. Which leads us to #2.
Identify the state or state’s where your business is located or where you need the attorney licensed in.
As an attorney, listen up: WE AIN’T GOT PERMISSION TO PRACTICE IN EVERY STATE! State law governs our license and the laws vary state to state, so to be competent, we can only practice in the state we are licensed in. Now, it doesn’t matter if its federal law aka intellectual property (trademarks, copyrights, patents (although patent attorneys need special permission to practice before the USPTO)).
Identify briefly your legal needs without giving away too much detailed information aka the specifics.
See #1. Saying you a need a business attorney doesn’t help if we don’t know what type and for what reason. I’m a business attorney, but some contracts I won’t touch right now like Real Estate. Why? Because business law is must bigger than just business law and same with contracts. Facts matter and experience, not always, can really come in handy.
Include your industry or description of your business.
Your industry matters because a business in the service industry has different legal risks than a food or catering company. Some attorneys are more experienced in working with businesses in a particular industry that gives them insight into how to navigate certain issues.
Facts MATTER! Getting the attorney that is a good match for your business is key and the above tips will improve your chances of cutting through the non-qualifiers and receiving the qualified referrals you’re looking for.
*** Oh, don’t get caught up in EXPERIENCE. Attorneys are required to be competent and just because an attorney has been practicing for years which some think is EXPERIENCE does not mean they are more competent or excellent… just they got longevity in the legal game.
You may not like to hear or read this, but choosing the right lawyer also means asking yourself: Am I the Right Client?
Attorney-Client Relationships goes BOTH ways. You may be paying, but all money is not good money and clients DO GET FIRED! I want to share a few tips to help you not get fired by your attorney.
Be Responsive.
Just communicate. Your attorney is a person too with a life. We understand life be life’ing. Being responsive doesn’t mean you answer in full detail when you cannot. It does mean a quick note saying: “I received your email and I need some time to get back to you. Will do as soon as possible.” This goes a very long way!
Communicate in a timely manner.
There are certain deadlines depending on your case, that your lack of responsiveness can cost you your money and all the time put in on your case or registration. I just read of a client that ghosted her trademark attorney and then a year later asked for an update when they never responded to the attorney’s request, submitted the required information, and was upset the attorney’s fees increased since they last spoke. Do NOT ghost your attorney! No matter how busy life gets… your likelihood of a referral goes down and being branded as a sour lemon client goes UP!
Be a person of integrity and pay what you owe by the deadline.
As a business owner, do you like outstanding invoices? No? Let’s follow the golden rule. Work out a plan if you need to with your attorney to pay what you owe. Most (I believe) attorneys will work with you because we understand life be life’ing. Don’t skip out on the bill. It has a way of coming back to bite you in the end.
Respect the fact and hard truth: Your attorney’s world does NOT revolve around YOU.
You are not the only client your attorney has. Do not expect immediate responses and respect the firm’s communication policy. You are important. You just aren’t the only important client on your attorney’s list (no matter how much you paid). Clients do get FIRED for being demanding or requiring too much attention. (I’m telling you what I read other attorney’s say!)
Those are a few tips… I hope you find the right attorney for your business and that you are the right client for your attorney.
If you’re in Maryland or DC looking for a business attorney, you can schedule a free call at www.legacylegalconsult.com to see if we are a good match.