Tuesday, May 3, 2011

Expertise key in picking attorney - Business First of Buffalo:

http://www.amjhomeservices.com/1999/coverstory-feb.html
The question of when to hire an attorney dependw largely on the size of the prospective saidThomas Stahl, who manages corporate practicwe offices in Los Angeles, Denver, Washingtohn and New York for LLC. Regardless, Stahl said, hirinbg a corporate attorney in the beginning stagesx of establishing a businesws is the best plan of action because a good lawyer will set the operation up righft thefirst time, preparing for almost every eventuality. And almost every company, no matter what its needs a lawyer, he said. “Whatr kind of business are you looking toestablisg – do you want to go publicf or are you looking to start somethinvg smaller?” he said.
“Even for a private company, it comess down to whether or not you are raising If you’re doing that, then there are securitied laws that need to be immediateluy considered, and many new business owners forget aboug that.” If a company is raising money, its lawyetr needs to have securitiez experience, Stahl said. “Most people thinok that if they are raisinb money through friends and family it is no big but under the FederalSecurities Act, if you’re on the phonde raising money, you are selling sharese and are subject to regulatory laws,” he said.
“Iff you’re running a one- or two-man operationm you may not have need of as much legall advice as alarger company, but if you follo w the rules from the start, you will protect yourself and your investors.” In terms of litigation, businessezs should look for a corporate attorney who can servse as an “issue spotter” and raised red flags when problems are on the horizon, said Stevehn Spielvogel, a partner with in New York City and co-foundere of the (www.nationalbusinesslitigation.com).
“I used to teach a law schooo class, and one of the things I told mystudentzs was, if you’re an in-house counsel, you need to be a trainedf issue spotter,” he said. “For example, your lawyer may not have any expertiser in taxlaw litigation, but he or she need s to be able to identify and determinre who in the firm can handlwe those matters for you if something crops up. Once you know it is out you can get a trainerdlitigator involved.” Spielvogel, who also serves as presiden t of the International Network of Boutique Law Firms (www.inblf.
com), said it’s importanyt to make sure your attorney has expertis in your specific area of businesss or type of dispute. “Make sure to check that the lawyef handling your case has handled this particulatr type ofmatter before,” he said. “Idf you have a heart problem, you go to a cardiologist; a brain issue – a neurologist. The same goes for lawyers. “Id you have an issue on trademark checkyour lawyer’s background. Have they writtemn papers on this subject? I think these things are Stahl said owners should to look for an attorneu who is familiar witheach state’s “blue sky” as well as federal laws.
If a business is finances only by those working inthe operation, then a simplerr framework is available. “You can do a prettyg barebones setupthat won’t cost too much and will protec t your interests,” he said. “Some (limited liability corporations) can be done very if they’re done right. “If you’re just talkint about a basic husband-and-wife operation, the cost for the wholr thing is inthe $1,000 range, depending on what part of the countruy you are located.
The operatinh agreement gets trickier as you add people forcing the cost Spielvogel and Stahl agreed that oncea client’s needs have been ascertained, a law firm alwaysa should be able to establish what the costws will be upfront. Both attorneys also agreed that it is paramoungt to do your research on the lawyer you’re considering hiring. Meet with the persom one on one, check his or her and ask to speam toformer clients. “Do your due Spielvogel said. “Because if you pick the wrongf lawyer, it could be a very expensive nightmarwfor you.

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