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How to choose a business attorney

by MSR News Online
December 12, 2014
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PathwayssquareIt’s often said that one should choose one’s attorney in the same manner that one chooses one’s doctor. If you have a serious knee injury and one that perhaps requires surgery, you are for certain going to seek out the best orthopedic surgeon that you can find.

You will want to speak to and interview that physician on their experience in performing the type of surgery that you require. You may interview another physician for a second opinion or to decide which physician best suits your needs. Most importantly, you would want the best physician that you can afford.

Hiring an attorney for your legal issue should be performed in the same manner as hiring a physician. While most attorneys are able to provide counsel and services in a wide breadth of areas, it is always best to line up your specific needs with an attorney who has considerable expertise in the area of your particular need.

Your family law attorney may be the perfect choice for a divorce, but that does not guarantee that she is the right attorney if you are incorporating and starting a new business or your current business has specific needs. You should be vigilant in seeking an attorney who is experienced in what you specifically require.

A good place to start when looking for an attorney with particular expertise is your state lawyer referral service. In Minnesota you can find attorneys who practice in specific legal areas by checking the legal referral directory located at www.mnfindalawyer.com. You can search the practice directory by topic and area of practice.

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If you are starting a business, you need a business attorney who can offer legal assistance and/or prepare the following business documents:

• Entity formation documents;

• Assist with obtaining your business tax identification number and how to properly register your business with the appropriate entities;

• Prepare your articles of incorporation, corporate bylaws and corporate minutes;

• Assist you in filing your corporate documents with the Minnesota Office of the Secretary of State;

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• Prepare documents for business licenses and permits;

• Prepare your business plan to include, at a minimum, a discussion of your products and services, your market competition, expertise of the management team, and a summary of the financial projection of your new business;

• Prepare additional business documents for investors;

• Assist you in preparing employee manuals and assist with employment issues; and

• Assist you in locating an accountant to address tax issues.

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Business start-ups, no matter the size, most definitely should be under the guidance of a business attorney. Sophisticated business transactions are best serviced by attorneys with numerous business transactions under their belts, a history of commitment to learning the laws relevant to business matters, and a solid foundation in understanding the focus and goals of business operations.

Legal services provided in connection with businesses should always be delivered with the client’s profit-making interest and appropriate business compliance foremost, coupled with a keen attention to potential liabilities the client face as they take on calculated business risk.  If you’re having knee problems, you go to an orthopedic specialist or an orthopedic surgeon. If you want a lawyer to help you with your business, hire an experienced business attorney to establish, guide and assist you in maintaining your successful business.

Kimberly Slay Holmes is an attorney who has been practicing law for over 25 years and has represented businesses and their owners throughout her legal career. She has her own law firm in Maple Grove, Minnesota and Baton Rouge, Louisiana. She welcomes reader responses to kholmes@holmeslawfirm.org or 763-553-2000, and you can follow her on twitter @ks_legal. 

 
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Comments 1

  1. John Mahoney says:
    6 years ago

    Thank you so much for talking about the importance of choosing a business attorney that is familiar with the laws of your state. It is important to remember that starting this search early on can help you avoid stress and be able to make an educated decision. I would want to find someone that cares about helping me and who can educate me on the process as well.

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