Q: I've only been in business for six months, but I
may need a lawyer. My legal budget and my budget for printer
cartridges are about the same. How can I get the help I need
without going broke?
A: You don't have to be an indentured servant of the
Bar Association or American Express for the rest of your life. By
using a little common sense, you should be able to find someone to
help solve your legal problems and stay sane and solvent. Before
casting your net for legal help:
- Ask yourself, What exactly is the problem? Is it simple, such
as filing a document with the state, or more complex, such as
figuring out whether your trusty accountant is guilty of larceny?
Get a handle on the problem and your legal budget; then you can
figure out possible solutions.
- Contact family, friends and business buddies to see if they
know attorneys who handle your type of problem. Collect several
names, so you'll have a choice. If your problem is so exotic
that no one has a suggestion, contact your local bar or a lawyer
locator service. As Ohio attorney Christopher J. Mallin puts it,
"Finding a good attorney is like finding a good auto mechanic.
There's quite a lot of luck involved."
Here are some useful resources to help you find an attorney:
- Martindale-Hubbell Law Directory (http://www.lawyers.com) specializes in finding lawyers
for small businesses.
Content Continues Below
Once you've located some candidates, interview them either
by phone or in person. Briefly explain your problem, and ask if
they've handled similar cases before and, if so, how many. Ask
each candidate to outline a "game plan" and estimate how
long it would take to solve your problem. Collect a few references.
Trust your intuition as to whether you could work with this person,
especially if you want a long-term business advisor.
Assuming Uncle Brad's trust isn't paying for this, ask
your chosen attorney to name some tasks you can do yourself.
Gathering documents or copying records isn't something a
paralegal needs to do for $75 an hour. Pulling information together
and organizing it yourself will cut billable hours. Washington, DC,
attorney Linda J. Ravdin contrasts this approach with
"shopping-bag people, who bring in reams of unsorted
information for the attorney to rifle through." Do as much
legwork as possible yourself.
Be assertive. Ask for a "letter of engagement," which
spells out what your attorney will (and won't) do for you.
Attorneys juggle clients and may not update you as often as
you'd like. If you have a question, contact your lawyer before
a crisis blooms.
Most legal matters get settled out of court, so be ready to
deal. Don't use revenge or thirst for justice as a
measure—that pound of flesh is never as tasty after you
unwrap it. "Lawyers have much more success when clients use
business judgment rather than emotions in reaching a
settlement," says Cleveland attorney Frank de Santis. Remember
the point: to solve the problem and get on with business. So
brainstorm a solution, then let your lawyer put it in writing and
handle the details.
Another bit of advice: Don't be a deadbeat. Pay your
attorney promptly (you never know when a legal problem will crop up
again) or arrange a payment plan. Checks make even battle-scarred
lawyers smile!
Joan E. Lisante is an attorney and freelance writer who lives
in the Washington, DC, area. She writes consumer-related legal
features for The Washington Post, the Plain Dealer
(Cleveland), the Spokane Spokesman-Review and
the Toledo Blade (Ohio). She is also a contributing editor
to LawStreet.com and ConsumerAffairs.com. In her practice, Lisante
is counsel to ConsumerAffairs.com and was counsel for Zapnews, a
fax-based customized news service for radio stations. Previously,
she served as Assistant District Attorney in Queens County, New
York, and Deputy District Attorney in Nassau County, New
York.
The opinions expressed in this column are those
of the author, not of Entrepreneur.com. All answers are intended to
be general in nature, without regard to specific geographical areas
or circumstances, and should only be relied upon after consulting
an appropriate expert, such as an attorney or
accountant.