By Affiliate Colleen Pleasant Kline, Esq. and Partner of Miles & Stockbridge
Selecting the proper lawyer may seem like a daunting task at times. As an attorney myself, I can only share my theory on how you can wade through the various options. There are various disciplines and practice areas that attorneys specialize in, and at any given point you may need to avail yourself of one or more of these specialists.
The practice of law is, in many ways, like the practice of medicine. Many of you have a doctor or physician that you see on a regular basis. This doctor is generally one that has a general practice or is an internist. They can help identify issues with your health and when a particular issue may require additional study and care. For example, if your internist believes that you might be suffering from a heart issue, they would send you to a cardiologist. If they believe that you may be having issues with your nervous system, you would see a neurologist. Severe and complicated breaks in bones would necessitate that you see an orthopedic doctor. Depending on your particular ache and pain, you will need to see a specialist and your regular doctor should be able to help you find the proper specialist or, at a minimum, tell you to find one.
It is not that different with the law. There are attorneys, like myself, that specialize only in transactional law. They help form companies, review and draft contracts, help businesses buy and sell other businesses, etc. Then there are attorneys who are known as litigators. They help businesses when they are sued, or feel that they have a need to sue someone else. Many solo practitioners and smaller firms have attorneys who wear both hats.
My advice is that you should meet with several lawyers, and determine not only their practice area, but their ability to help you diagnose and determine when you might need to use other specialists for specific issues such as tax, deferred compensation, employment or labor issues, complex litigation, mergers, or acquisitions. If the issue is a “bet the farm” kind of issue, you might want to be sure that the attorney that you are working with is very familiar with and well versed in this issue. You don’t go to a podiatrist when you think you might be having a heart attack, so why would you go to a personal injury lawyer to help you buy your business?
In looking for your business lawyer or someone who helps you as general counsel, I advise you to find someone that you feel like you can trust. You need to be comfortable with the manner in which they communicate information to you.
In other words, do you understand the information communicated to you by your attorney, or did they take the time to make sure that you did? Our role as an attorney is to provide you with the choices that are available and advise you of the risks involved to help you as a business person determine how much risk you are willing to take.
The more comfortable you are with an attorney, the more that they can learn about your business and offer suggestions, identify when things may become an issue-before they become a large issue – and the more money that they can save you in the long run. The same goes for relying on the Internet as your lawyer. Forms found on the Internet may be helpful, but they don’t always provide the full scope or context and are not always appropriate. I wouldn’t try and perform an appendectomy on myself, so if you are putting your life savings into your business, why would you try and sell it yourself? Keep interviewing attorneys until you feel like you have the right adviser, and if you feel like you’ve outgrown your adviser, keep looking until you find someone who fits you better.
DISCLAIMER: Opinions and conclusions in this post are solely those of the author unless otherwise indicated. This article is for general information purposes and is not intended to be and should not be taken as legal advice on any particular matter. It is not intended to and does not create any attorney-client relationship. Since legal advice must vary with individual circumstances, do not act or refrain from acting on the basis of this article without consulting professional legal counsel. If you would like additional information on the subject matter of this article, please feel free to contact the author. IRS CIRCULAR 230 NOTICE: Any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding federal tax penalties or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.