Five Tips for Hiring the Right Attorney for Your Business
The documents to prepare and questions to ask when hiring a business lawyer
By Andrew Brandt | Reviewed by Canaan Suitt, J.D. | Last updated on December 12, 2023 Featuring practical insights from contributing attorneys David B. Sosin, Bernice K. Leber and Christopher C. KearneyUse these links to jump to different sections:
- 1. Gather Documents to Help with Case Evaluation at Your Initial Consultation
- 2. Be Prepared to Interview More Than One Business Lawyer
- 3. Watch Out for Legal Representation Red Flags
- 4. Be Upfront in Discussing and Planning for Legal Costs
- 5. Clearly Communicate Your Goals in Seeking Legal Help
If you’re a business owner, odds are favorable that you’re going to need legal advice at some point in your company’s life.
When you do, it’s likely you’re going to have a multitude of questions about finding the right lawyer: How do I search for legal counsel? What do I need to bring when I meet with one? How much will attorney’s fees cost?
1. Gather Documents to Help with Case Evaluation at Your Initial Consultation
David B. Sosin, a business attorney and former president of the Illinois State Bar Association, says that your lawyer should make you feel comfortable at that first meeting and tell you what documents are needed before you meet.
Bernice K. Leber, a business litigator and past president of the New York State Bar Association, agrees. “Often, I give out a list of documents I’m looking for from the perspective client,” she says. “The optimal meeting is one where you see the documents that pertain to the case before you meet with the person. That makes the meeting most workable and helpful.”
If you’re seeking a lawyer because you’re facing potential litigation, those documents may include a contract and some emails.
“Even before the lawyer is retained, [these documents] give a basis for the lawyer to give an early take on the dispute and how it might play out,” says Christopher C. Kearney, a business litigator and past president of the Bar Association of San Francisco. “If there are documents that will both set the rights and responsibilities and lay out key things about where the case would be litigated… all of that is critical in coming up with early advice.”
2. Be Prepared to Interview More Than One Business Lawyer
However, even aside from ensuring they’re clear of conflicts of interest, lawyers agree that not every attorney is the right fit.
You may need to meet with a couple before you find a suitable match. When you do, says Sosin, “Tell them the complete and best version of what they need to know. Tell them the bad stuff, not just the good stuff. It’s like going to your doctor when they ask you how much you weigh. They’re going to put you on the scale.”
3. Watch Out for Legal Representation Red Flags
For Kearney, one red flag is when an attorney doesn’t know anything about your business before that initial meeting. “I would expect they’ve done a little bit of research and learned something about my company so that the lawyer is not coming into the interview cold,” he says. “Then the businessperson has to communicate more specifics—here are the goals, here’s why we’re reaching out to you.
“It’s important that the client expect—and that the lawyer provide—a realistic assessment of what may happen,” he continues. “Sometimes, businesspeople will come in, and they expect things to be resolved without a whole lot of fighting or expense. In the litigation world, that’s pretty rare.”
When Leber meets with a potential client facing litigation, she runs through her checklist, which includes settlement options, alternative dispute resolution mechanisms, potential case length, cost-benefit analysis—and budget—of the case, billing options, and retainer agreements.
4. Be Upfront in Discussing and Planning for Legal Costs
While attorneys will inform clients of standard costs, a set amount is rarely given if the client is facing litigation. Regardless, a client should be knowledgeable as to how they’re going to pay for the attorney’s services before they meet with one.
“It’s hard, in many cases, to give a fee, but you do want some kind of budget—especially in litigation,” Sosin says. “Very few lawyers are going to say, ‘We’ll do your lawsuit for X.’ But you need to know if it’s going to be $5,000 or $50,000 or $500,000.”
5. Clearly Communicate Your Goals in Seeking Legal Help
Aside from asking about and getting confirmation on costs, it’s paramount that clients make clear—from the start—what they hope to achieve in hiring an attorney. Be upfront about your legal situation, legal needs, and expectations in the attorney-client relationship. In return, good attorneys will explain what they can and cannot do for potential clients.
“The longer I do this,” says Leber, “the more I realize that that’s probably the most important thing when you sit down and talk to somebody.”
For more information on the wide range of legal issues that attorneys can assist your company with, see our overviews of general litigation and business law. To find a lawyer specializing in this area of law, visit the Super Lawyers directory of business law attorneys.
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