Choosing the Right Corporate Law Attorney for Your Legal Needs
When choosing a business or corporate attorney, many people consider the precautionary role lawyers play in protecting businesses from lawsuits and other issues. However, beyond just litigation, lawyers also act as strategic partners in driving a company’s growth. Corporate and business attorneys play numerous roles that often help shape a company’s culture and direction.
Choosing the right lawyer or law firm for a business’s particular needs can be daunting. Should experience and track record be the main considerations, or are there other qualities to consider? This guide to choosing a corporate attorney will help you understand the roles of lawyers and how to select one who will fit your needs.
What Business and Corporate Law Attorneys Do
Whether you’re a manufacturer, service provider, retailer, or media outlet, you need a business lawyer who is knowledgeable about laws that apply to your company—federal, state, and municipal. Here are some key areas where business attorneys impact the way companies operate.
- Legal Compliance: Depending on the business and industry, companies face myriad regulatory compliance issues just to get started. To identify and manage these issues, businesses partner with attorneys who have experience and expertise in the industry and the jurisdiction. These attorneys proactively create a regulatory compliance framework that ensures all legal requirements are met, from nondiscriminatory hiring to archiving of documents.Regulatory compliance ensures that companies operate ethically and fairly. Businesses that are compliant and transparent about their compliance mechanisms foster trust and goodwill among clients, customers, and business partners, potentially boosting brand perception and ultimately the bottom line. In the long run, noncompliance can be more expensive than hiring a competent attorney to navigate compliance laws.
- Contract Preparation and Negotiation: Contracts are the basic infrastructure that governs business operations, from hiring to procurement to business partnerships. They lay down the rules of the road and work to protect both the parties involved. However, contacts can be technical and difficult to write and read.Attorneys help companies navigate the nuances of contract law. They identify companies’ requirements and potential pitfalls to forge contract terms that are clear and enforceable and meet those needs.
- Protection of Intellectual Property: In today’s digital world, businesses must protect their intellectual property rights, including copyrights, trademarks, and patents. Attorneys with knowledge of IP laws help businesses file for legal recognition and protection of their innovations, proactively guarding against possible infringement. And if IP infringement does occur, these attorneys and law firms can work to shut it down.
- Dispute Resolution: Disputes are inevitable for most businesses, whether with customers, employees, suppliers, or competitors. Having a competent lawyer or law firm ready to face them is essential. Attorneys will often take practical approaches to such problems, assessing options and potential costs and seeking to resolve disputes without litigation when possible.
How to Choose an Attorney for Your Business
- Education and Legal Qualifications: In hiring a business attorney, the first step is to check candidates’ education and make sure they are permitted to practice law in your state.
- Reputation and References: Hiring a reputable lawyer or law firm helps ensure your needs are met and can also positively impact your brand. Partnering with an individual or firm that is highly respected in the industry is a major plus.
- Experience, Specialization, and Track Record: The next step is to look at the candidates’ practice areas and experience. Business law is broad, covering contract law, real estate, corporate governance, investment, and business formation, each area requiring specialized knowledge. It’s essential to choose an attorney with expertise and experience in your business and industry’s specific needs.
- Local Knowledge: An attorney’s local knowledge can be as valuable as a degree from a prominent law school. For many businesses, an attorney well-versed in state and local law is essential. For instance, a corporate attorney in Fort Lauderdale will understand Florida law and local regulations and advise on them more efficiently. What’s more, a local attorney may be familiar with businesses in the area and offer clients institutional knowledge and connections. In the case of disputes as well, an attorney who is familiar with the local court systems can be a great asset.
- Communication: Communication is at the heart of an attorney-client relationship, on a day-to-day basis, especially when legal challenges arise. You want a legal services partner who listens, responds to calls and emails promptly, can explain legal concepts clearly, and provides regular updates on progress.
- Fee Structure: Attorneys may charge a fixed rate or an hourly rate for contract work, legal representation, or consultation. They may also charge a percentage of certain transactions or damages in litigation. For ongoing support and representation, some firms may prefer retainers.
While the fee must fall within your budget, remember that the choice is not just a question of who is most affordable but often who can provide the best return on investment.
Interview Questions for Potential Corporate Attorneys
- How long have you practiced law?
- What are your practice areas?
- What would you say are the areas my business needs legal expertise in (e.g., contract law, real estate, etc.)?
- How much experience do you have in these areas?
- How much experience do you have working with businesses similar to mine?
- How do you communicate with clients?
- Will you be available for sudden urgent issues?
- What is your fee structure?
These questions elicit key information and are starting points for deeper conversations that can help you find the legal representation you need and trust.
Other Considerations
Your ideal corporate attorney will have experience in your industry and location and also in working with businesses of your size. This means the attorney should understand the unique challenges and regulations your business is likely to face. Reach out to other business owners or executives in your network to get recommendations on the best business and corporate attorneys in your area. And remember, just as important as the law degree and experience is the trust you can put in the candidate—you want an attorney and/or firm that makes you feel comfortable and confident.
FAQs
What does corporate law cover?
Corporate law governs corporations, their formation, operations, mergers and acquisitions, and dissolution. It includes the rights, relations, and conduct of people and companies involved. A corporate law firm or lawyer may also provide ongoing corporate law services such as HR contracts, consulting, and compliance.
What is the difference between corporate law and business law?
Corporate law is the law surrounding corporations, their formation, and operation. Business law is a much more general term encompassing a range of federal, state, and local laws, including laws pertaining to:
- business operation
- human resources
- taxes
- sales
- distribution
- manufacturing
Which factors should you consider when choosing a corporate lawyer?
The foundational factors you should consider while choosing a corporate or business lawyer are experience, track record, and local knowledge. Also important is the attorney’s communication style: Is the attorney attentive and quick to respond, and most importantly, does the attorney instill confidence and trust?
Is corporate law the same as business law?
The terms corporate law and business law are sometimes used interchangeably and many law firms handle both. But the two categories are quite different. Corporate law is the law pertaining to corporations, their formation, and operations, while business law is a much broader concept, covering human resources, taxes, sales, distribution, and advertising. On a practical basis, undergraduate business programs typically require students to take courses on business law for general knowledge, while corporate law is more specialized.
What does a corporate law firm do?
Corporate law firms advise and represent businesses in a range of areas including formation, mergers and acquisitions, and dissolution. Essentially they write, edit, and review contracts and may be involved in negotiations and M&A planning. These businesses may be partnerships, publicly held corporations, private companies, or startups.