Whether you run a small business or a thriving start-up, one of your biggest fears is probably being sued. No matter how carefully you run your business, a wrong step or a bad hire can quickly come back to haunt you.
The best way to protect yourself from future legal problems is to invest time and resources in finding a good business lawyer.
A good business lawyer is a true partner. They can help you through difficult times for your business. He or she can also provide you with legal services and advice (drafting agreements, raising funds, managing employment problems, taking legal action, etc.).
The good news is that hiring a business lawyer won’t necessarily put a strain on your budget. On the contrary, it can help protect you from costly legal trouble. So how do you know if you need a business lawyer? And above all, how do you find and choose the best lawyer specialising in business law?
Step 1: Determine why you might need a business lawyer
The best time to hire a business lawyer is before you need one.
Here are some common situations in which start-ups should consider hiring a business lawyer:
- Choosing the company’s status: the choice of status has an impact on the company’s possibilities for future development. A lawyer specialising in business law will be able to explain the advantages and disadvantages of each status and help you choose the most appropriate one.
- Raising funds: to raise capital and sell shares to investors, it makes sense to call on the services of a business lawyer specialising in stock market law.
- Drafting agreements between partners: if you are going into business with partners, defining the rights and responsibilities of each party can avoid disagreements later on. A lawyer can help you draft partnership agreements and articles of association.
- Drafting contracts: a lawyer can help you negotiate favourable contracts.
- Employment issues: when a company’s workforce expands, business lawyers often step in to help ensure compliance with employment law.
Step 2: Find business lawyers via your network, a legal aid website or legal directories
The best way to find potential business lawyers is to use your personal or professional network. A recommendation from a trusted friend, family member or accountant can be invaluable.
You can also use online legal directories to find business lawyers near you.
Legal help sites such as Trouvervotreavocat or Lebonavocat are particularly useful resources for finding a business lawyer. These sites offer lists of lawyers, as well as reviews of them.
It is advisable to read the reviews of any business lawyer you find online.
Step 3: Compare the competing lawyers
Once you have selected the business lawyers who are likely to work with you, the next step is to meet them all and ask them a few questions. Most lawyers offer free half-hour or hour-long consultations to meet potential clients.
If possible, try to arrange a face-to-face consultation. The fact that a lawyer offers you a meeting indicates that he or she cares about your business and is prepared to make time for you.
During the consultation, we advise you to ask the following questions. They will help you choose the best lawyer for your company.
What experience do you have of working with small businesses and/or start-ups?
A business lawyer’s experience with small businesses is very important, particularly in terms of budget. A lawyer who usually works with CAC 40 clients will probably be unaffordable. He may also prefer more contentious ways of resolving a case, as opposed to more cost-effective methods of dispute resolution.
For reasons of confidentiality, lawyers cannot tell you about their clients in detail.
Can you recommend other lawyers if necessary?
Most good business lawyers pride themselves on having a large network. They will therefore be able to refer you to another lawyer if you need help with a matter that does not fall within their area of expertise.
Lesser lawyers will avoid referring you because they don’t want to lose clients. Make sure you know where your future lawyer stands on this issue.
Who will work with you on my issues?
Lawyers always work with several people (partners and legal assistants). As a lawyer’s time is limited, he often entrusts part of his work to his partners.
Ask him if it is possible to find out the qualifications of his associates and to meet them if you decide to become partners.
Do you have any conflicts of interest with my company?
This is one of the most important questions, especially if a business lawyer works closely with several companies in the same sector.
Let’s say you have a contractual dispute with a local supplier. If the lawyer you have chosen represents that supplier, he may not be able to represent you without creating a conflict of interest.
How will you contact me?
Like all professionals, lawyers have different communication preferences. Some lawyers prefer face-to-face meetings and telephone calls for quick questions. Others prefer to communicate by e-mail and use electronic signature software.
If you have a busy schedule, make sure your future lawyer offers communication tools that suit you and save you time.
What is your fee schedule?
This is probably the most important question you will ask your future lawyer. Bear in mind, however, that “cheaper” is not necessarily synonymous with “better”. More experienced and successful lawyers often charge higher rates.
