Finding a lawyer for your small business

By Scott E. Schaefer

Ask any successful businessperson to name the three most important advisers who contribute to their success, and you’ll find almost invariably that their attorney will make the list. Engaging the services of an attorney is an important decision. Both you and your attorney will want you to make it wisely. The following steps can help you make the right choice.

1. Get recommendations and referrals. You can look up attorneys in the phone book, but word-of-mouth contacts can result in better leads. There are other sources to check out as well. Bar associations, for example, often provide a referral service. “Ask for two or three references,” suggests Jack Kennedy, chair of the Connecticut Bar Association’s Business Law Section. “If you get the names of a couple of firms, find out who the key lawyers are,” Kennedy says. 

You may also read about particular lawyers or hear them speak at meetings and seminars. Don’t hesitate to talk to them if you feel they can help you. 

2. Speak with more than one lawyer. There are many skilled attorneys in every legal practice area. Shop around, if time permits. You may be able to detect differences in style, emphasis or approaches that are important to you. You and your attorney are, in effect, a team. Give yourself options before selecting your teammate. “It is very important for the client and lawyer to work closely together,” says Kennedy. “The object is to be comfortable enough to view the lawyer as a co-manager or partner rather than just an outside consultant.” 

3. Ask specific questions. Your first conversation with a lawyer should be to determine if he or she fits your needs. Consider asking some of the following questions to explore the attorney’s expertise: 
• What is your experience in this area of law?
• How many cases have you handled in this area?
• Is your practice devoted exclusively to this area?
• In what other areas have you practiced?
• What is your educational background and professional experience?
• What is your capacity to take on additional work?
• Will I be working with you directly or with another person in the firm?

4. Discuss the scope of services that may be provided. In some situations, a lawyer may only have to review groundwork you have started. In other cases, he or she may have to do more extensive work. Know what your needs are, and be realistic in the expense and time you are willing to spend on the matter. “It’s just as important to determine how the lawyer works and how much control the client has over the management of the case,” says Kennedy.

5. Openly discuss fees. Legal service is about time and knowledge. As a practical matter, time becomes the unit of measure. Talk with the lawyers about their fees and billing practices. For example, ask if you will be charged for telephone consultations, copying and other document services, and travel. If so, at what rate? And how will charges be itemized? Be sure to ask when payment is due. Nothing is more unpleasant, for a client and the attorney, than a misunderstanding about billing. 

6. Make sure you understand the client and fee agreement. In nearly every case, you will enter into the attorney-client relationship through a contract outlining the scope of the services to be provided and the fees for providing them. It’s the business foundation of your relationship. “The establishment of an engagement letter [to verify your agreement] is very important,” says Kennedy. Be sure it reflects your understanding of the arrangements. If something is not clear, ask. Both you and your attorney need to agree on the services you will be receiving. 

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