Hiring Legal Help With Business Formation

Do I Really Need a Lawyer?

If you are starting a small business, you may have a number of questions concerning the proper organization form for your business's needs. What are the advantages of incorporating your small business? What should be included in a partnership agreement? How is a sole proprietor taxed?

Whether you need advice on choosing the right business organization form, or would like assistance getting your new sole proprietorship, partnership, corporation, or limited liability company (LLC) up and running -- including the drafting and filing of all necessary formation documents -- an experienced small business attorney can provide key assistance with your new business venture. At each step of the business start-up process, your attorney will work to ensure that all legal bases are covered, and that your new business has the best possible chance for success.

Prefer to DIY? Learn about our DIY business formation services here.

Get Ahead of the Game

More importantly, hiring an attorney now will save you time, effort, and money. Don't wait until you are sued or become party to a lawsuit in order to get legal advice. Many entrepreneurs procrastinate hiring an attorney until they are served with legal papers. While this is not the end of the world, the problem has already occurred and you will likely have to pay for items such as court costs, lawyer fees, and possibly a settlement fee.

How a Small Business Attorney Can Help

No matter what type of business organization/start-up issue you face, a business attorney can help you find the right solution for your new business, and can help you take all necessary action to get your business's doors open, including:

• Describing the different business organization forms available to your new business (sole proprietorship, partnership, corporation, limited liability company, etc.);
• Explaining all tax, business liability, management, and start-up cost issues relevant to each business organization form;
• Helping you consider all factors and choose the right business organization form to meet your new business's needs;
• Drafting all necessary partnership agreements (for new partnerships); articles of incorporation and bylaws (for new corporations); articles of organization and operating agreements (for new LLCs);
• Drafting and filing all government registration documents necessary for your new business, including fictitious business name registration;
• Drafting all necessary tax forms to get your new sole proprietorship, partnership, corporation, or LLC up and running;
• Securing all necessary business start-up permits and licenses from local, state, and federal government.
• Helping you decide whether you will need an Employer Identification Numbers (EIN). Your attorney can help you apply online.

Additional Resources

• Business Formation Resources;
• Business Formation Quickstart;
• State Guide: Forms and Fees for Business Formation.

Finding a Small Business Attorney

If you're considering starting a business, it's in your best interests to consult with a business and commercial attorney before moving forward. An attorney will help you pick the type of legal structure that's right for you and your business.