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Why Use an Attorney?
Posted in: Blog, Legal Issues by Josh Andrews on July 9, 2009
When you decide to “make it official” and form a company, you have many options. You can do it yourself, you can ask someone who has done it before to help you (though the one helping you may be offering you legal advice, which is not good), you can use a document generating online service, or you can call a real-live attorney licensed to practice in your state. As an attorney, you can assume my answer is that you should contact an attorney. In this post I will tell you why it is the best option.
You know what you want, but you may not be certain how to achieve it. When you create a company, you must treat it as an entity separate from yourself. Depending on your entity selection, you may create hurdles to accessing what is yours as the owner. A qualified attorney worth the paper on which his law degree is printed will take the time to explain to you those options, and work to know what you want and how to achieve it. A document generator will not do that. A well-qualified lawyer should be able to discern what you mean from what you are saying. A document generator only thinks in “true” and “false” and only gives you what you ask for without discerning what you really mean.
You are not a lawyer. You do not have training in the legal facets of creating a company. Not that you couldn’t do it, but you need to focus on selling your product or service. One of the first steps to your entrepreneurial success is to realize your limitations and employ those who will complement your limitations. Asking a lawyer to work with you on the legal aspects of your company and your business is an investment worth making.
Getting it wrong can cost you everything. In the litigious world in which we live, you do not want a lawyer working to undo your personal attempt at your company’s formation. You want to know that your investment is protected because you did everything right. If you make a mistake, your liability shield may be found to not exist, and everything would be at risk.
It will cost more to correct a mistake than to make it right in the beginning. Reassembling a poor foundation can often take more time and energy and cost more money than ensuring it is proper in the beginning. Like I mentioned above, you want a lawyer making sure you are protected before someone else brings in a lawyer to prove that you aren’t.
Business owners are willing to ensure against many things, but they often overlook the insurance-like benefits of knowing that all of your legal foundations are firm. Never forget, it is much easier to defend from a firm foundation than it is if your foundation is questionable.
Comments
I could not agree more! There are just too many details, and I care enough about my business’ future to hand some things over to professionals as appropriate. I just met with a great small business lawyer today who understands the needs of small businesses. Thanks for the article!
Comment by Shane Jordan on July 9, 2009 at 12:27 am
Shane,
I am glad you recognized the value of meeting with an attorney. That will put you on the right path to grow your business without worrying about your legal foundation. Thanks for the encouragement!
Comment by Josh Andrews on July 9, 2009 at 11:11 am