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Latest News

BBB Business Tip: Hiring a Small Business Attorney

By Better Business Bureau. September 2, 2020.

(Getty Images)

For small business owners, legal aid from a qualified attorney is an invaluable resource. If your business is a startup, an attorney can help you establish your business as a legal entity, set up patents and trademarks, and draft contracts that will protect you and your business interests. If you are running an established business, a trustworthy attorney can be essential when you need to hire or fire employees, pay taxes, collect debts, or handle a lawsuit.

Considering the vital role an attorney plays, it is important you hire someone you can trust. BBB has the following advice to ensure the lawyer you hire is the right fit for your company:

How to Hire a Qualified Small Business Attorney

  • Educate yourself about legal issues: Small business owners spend most of their time on the day-to-day work of running a company, but they still need to have a general understanding of the legal issues that can crop up. Before you hire an attorney, familiarize yourself with the basics on contracts, business structure, and human resource law. This background will help you better understand when to bring in an attorney and be more knowledgeable in your dealings with them. See more resources for small business legal needs on SCORE’s website.

  • Know where to look. One of the best ways to find an attorney is to ask someone you know for a referral. Ask friends, family, and other local small business owners whom they trust with their business concerns.  Search the BBB Directory for a business law attorney near you and find out if they are BBB Accredited. Check with your local bar association or consider hiring a reputable attorney referral service, which can connect you with attorneys whose skills match your needs for a small fee. The American Bar Association and the Canadian Bar Association have online search tools to help you find a business attorney in your area.  

  • Ask the right questions. Before you hire an attorney, ask them what their main areas of expertise are and how long they’ve been practicing. Find out if they have experience representing businesses of a similar size in your industry. Ask about how they prefer to be contacted and how long specific tasks take to complete. If you’re having trouble getting a read on a particular attorney, you can ask more personal questions, such as “Why did you become an attorney?” or “What makes your client-attorney relationships work?” Feel free to ask the attorney for a client reference, preferably another business similar in size and industry.

  • Make sure this relationship is a good long-term fit. Make it your goal to find an attorney with whom you can build a long-term relationship. The attorney you hire should be someone who has an interest in your business and is someone you can trust. They should also be responsive, knowledgeable, and have experience with the kind of legal issues your business will face.

  • Understand the attorney’s fees. Attorney fees can vary greatly from one firm to another, so make sure you understand the billing process before you agree to services. Attorneys may bill time by the hour, or they may have a flat rate for specific tasks. In certain circumstances, attorneys may require a retainer. Find out how you’ll be billed, when bills are due, and how you can make payments.

  • Watch out for red flags. Don’t hire an attorney who lacks real world experience. If they are learning as they go, they may not be able to complete tasks well or cost-effectively. Keep in mind that even if an attorney is experienced, if they don’t understand your industry, they may not be a good fit for your business. If an attorney makes promises that sound too good to be true, they probably are. Finally, attorneys should be up front about the cost of their services. If an attorney is constantly surprising you with extra costs, it may be time to look for someone else.

For More Information

To learn more about hiring a small business attorney, see these resources from the Federal Trade Commission (FTC) and National Federation of Independent Business (NFIB). The American Bar Association has helpful tips on finding an attorney.

As you look for attorneys, firms, and attorney referral services, look to businesses who adhere to the BBB Standards for Trust. Read more about BBB's Accreditation StandardsFind a business law attorney near you and pay attention to BBB Accreditation status, ratings, reviews, and complaints. 

Learn how to become a BBB Accredited Business.