by Paul Joseph
August 9, 2011
Featured
Ah… lawyers. One of the most ridiculed professions there is. But if you’re a business owner, the right attorney at the right time can save you a ton of money and heartache. There are so many lawyers, and they charge so much, because we need them. And the good news is that they’re not all bad. In fact your business lawyer could just become your best friend. Entrepreneurs are often reluctant to engage an attorney, even if they don’t have a personal negative view of the profession. This usually comes from the mentality that they don’t need “professional help.” Entrepreneurs tend to be independent types and want to do things for themselves. In many cases, this is a good trait to have, but when it comes to legal matters, it can be disastrous. This is especially true if you’re involved in a situation where another party does use a lawyer and you decide you don’t need one. If you’re a startup entrepreneur though, you might not have the money to have an attorney on retainer to consult on everything you do. So it’s important to know when hiring a lawyer is most important. Below are four times when hiring a lawyer is a good idea for any business owner: 1. Starting a Business – There are literally millions of pages online with advice about whether you should structure your company as an LLC, C-Corp, S-Corp, sole proprietorship, etc. Sometimes a lot of information is a good thing, but in this case, it can be very confusing. Given that this is a very important decision when starting a business, you don’t want to rely on your own research. You might feel as though you have a good grasp of the various business structures, but it’s very unlikely that you fully understand all the local, state, and federal regulations, all the tax implications, and how to implement the structure exactly right. Now, you might be saying, “Yes I do!” That’s great, but the wisest business decision in this case is to set aside pride and make 100% sure you’re making the right decisions. In the long run, it can make all the difference. 2. People Issues – Like it or not, we live in the most litigious society in the world. Employees, customers, vendors, neighbors, and just about anyone else you meet can bring a suit against you and your company at any time. Even if you’ve operated for 30 years without a lawsuit, it’s certainly no guarantee it won’t happen at some point. If the time does come when someone makes a claim against your company, it’s time to bring in an attorney. Even in small claims cases, where lawyers are often not allowed to represent the parties in the courtroom, there is nothing that says you can’t consult with a lawyer before appearing in court. And it’s a very good idea to do so. Especially in the area of employment law, laws are changing all the time, and it’s a lawyer’s job to keep up to date on these changes and make sure you are presenting the very best case possible. Again, the amount you could end up saving often makes the attorney fees well worth it. 3. Signing Contracts – In a high-tech world, where we click “I accept” without even glancing at user agreements and terms & conditions statements, we must remember that when you sign a contract, it’s a serious matter. Of course many contracts are standard and not as big a deal as others. For those that significantly impact your business though, like investment and loan documents, it’s a very good idea to get a lawyer involved. The fees for reviewing contracts typically isn’t outrageous, and, again, worth it. 4. Upon Exit – You’ve built an amazing company, and now you’re just deciding whether to take Google’s offer or Microsoft’s. Clearly, this is a time when a lawyer is an absolute necessity. But even if you’re not being bought out by a huge corporation, any kind of exit strategy, whether it’s selling your business, merging with another company, or even just shutting down, should be reviewed by an attorney. This time, more than any, it is critical that you have a lawyer review and advise on everything. Don’t assume that the other party’s lawyers are looking out for your best interests – they’re not. Sure, there are some snakes in the legal profession – just as there are in every industry. But a good business lawyer, preferably found through recommendations, can indeed be an entrepreneur’s best friend. What has been your experience with hiring lawyers for your business? Share with the community in the comments below or on our Facebook page !
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by Paul Joseph
June 20, 2011
Featured
Every entrepreneur needs to be honest about their strengths and weaknesses, and realistic about their reasons for choosing the startup route. For any entrepreneur, even the best business opportunities, if entered for the wrong reasons, will likely fail. Some of these reasons seem obvious, so forgive me for restating, but I still hear them too often. Statistics show that at least 50% of new startups fail within five years, and many of the survivors eventually fail. If you don’t want to be part of these statistics, consider all the alternatives to starting your own business, especially if you have one of the following perspectives: 1. “I’m tired of working hard and being so stressed all the time.” Starting and growing a business is more work and more stress than any employee role should be. Perhaps you need to look carefully at the reasons for your weariness and stress at work. Health and personal problems don’t go away when you start a business. 2. “It’s my hobby anyway, so why not make it my business?” The problem here is that most hobbies cost money rather than make money. Just because you love doing it doesn’t mean anyone will love paying for it. 3. “I’m desperate, since I can’t find a job that suits me.” With the current recession, jobs are indeed hard to find. But don’t forget that businesses are failing at a higher rate as well. Desperate people don’t make good entrepreneurs, and probably don’t have the resources or fortitude to start a business. 4. “My family has always been in business, so it’s in my genes.” Good entrepreneurs do seem to have certain innate qualities, but it’s not clear that these qualities are automatically passed to offspring. If your passions are elsewhere, don’t try running the family business. 5. “I’ve inherited some money and starting a business should be a good investment.” You can’t start a business without capital, but having capital doesn’t mean you can start one. Learning is expensive and risky. It’s less risky to invest your windfall in someone with a proven business record, or put the money in the bank. 6. “I have some extra time, and I need a second income.” Being an entrepreneur is not a part-time job. A business startup is actually a second expense more than a second income. For supplementary income, you would be better served to take a part-time job with an existing company. 7. “I hate having a boss, and just being an employee.” Don’t start a business for a power trip. When you become a business owner, your customers, suppliers, creditors, partners and a lot of other people will become your new “bosses”. These people may be harder to please than your boss at the office today. 8. “All my friends own hot businesses and seem to be doing well.” You shouldn’t believe all the hype, or all the things said in social circles. Definitely don’t jump into trendy businesses you don’t know just to be popular. Even good friends tend to forget talking about the years of hard work and sacrifice, in favor of recent success. 9. “I’d like to be rich, so I’ll start a business.” Starting a business with a dream of riches is certain disappointment. There is no evidence that entrepreneurs make more money, on the average, than other professionals. There is much evidence that the risks of failure are higher on the business owner side. 10. “My primary goal is to contribute something to society.” This is laudable, but more effectively addressed after you have built a successful company, not before. If changing the world is your main motivation and money is not a concern, then do it, without allowing the building of a company to slow you down. For anyone with entrepreneurial aspirations, I recommend you start by networking with peer business people and organizations before you commit to a startup of your own. Ask questions and do everything you can to make sure you are tackling the right business for the right reasons. Your entrepreneurial life depends on it. Martin Zwilling is the founder and chief executive officer of Startup Professionals, a company that provides products and services to start-up founders and small business owners. Read more about Marty here .
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