What is a small business attorney and what do they do? Let’s find out.
A small business attorney, also known as a small business lawyer or a business attorney, is a legal professional who specializes in providing legal advice and services to small businesses. These attorneys typically assist small business owners with a variety of legal matters, including business formation, contract drafting and review, employment issues, intellectual property protection, regulatory compliance, and dispute resolution. They play a crucial role in helping small businesses navigate the complex legal landscape and protect their interests.
What does a small business attorney do?
A small business attorney provides legal guidance and support to small business owners. Here are some common tasks they may perform:
- Business Formation: Helping entrepreneurs choose the right business structure (e.g., sole proprietorship, partnership, corporation, LLC) and assisting with the formation process.
- Contracts: Drafting, reviewing, and negotiating contracts with vendors, customers, and other third parties to ensure they protect the business’s interests.
- Employment Issues: Advising on employment matters, including hiring, firing, employee contracts, wage and hour laws, workplace safety, and discrimination issues.
- Intellectual Property Protection: Assisting with trademark, copyright, and patent registration, as well as protecting trade secrets and other intellectual property.
- Regulatory Compliance: Ensuring the business complies with federal, state, and local laws and regulations, including licensing requirements and industry-specific regulations.
- Dispute Resolution: Resolving disputes through negotiation, mediation, or litigation, including contract disputes, employment disputes, and other legal conflicts.
- Business Transactions: Assisting with mergers, acquisitions, sales, and other business transactions to ensure they are legally sound.
- Risk Management: Identifying and addressing legal risks that could impact the business’s operations or financial stability.
Generally, a small business attorney will help the business do anything from simple corporate transactions, to dealing with business litigation or debt collection.
What types of litigation do small businesses face?
Small businesses can face various types of litigation, including:
- Contract Disputes: Disputes over contracts with vendors, customers, employees, or other businesses, such as breach of contract claims.
- Employment Disputes: Legal issues related to employment, such as wrongful termination, discrimination, harassment, wage and hour disputes, and compliance with employment laws.
- Intellectual Property Disputes: Disputes over trademarks, copyrights, patents, trade secrets, and other intellectual property issues.
- Business Torts: Claims of fraud, misrepresentation, interference with business relationships, unfair competition, and other business-related torts.
- Debt Collection: Legal actions to collect unpaid debts from customers or other businesses.
- Regulatory Compliance: Legal challenges related to compliance with federal, state, and local regulations, such as licensing requirements, environmental regulations, and consumer protection laws.
- Commercial Lease Disputes: Disputes over commercial leases, such as non-payment of rent, lease violations, or eviction proceedings.
- Business Dissolution: Legal issues related to the dissolution or winding down of a business, including distribution of assets and liabilities.
These are just a few examples, and the specific types of litigation a small business may face can vary depending on the nature of the business, industry, and other factors. Having a small business attorney can help navigate these legal challenges and protect the business’s interests.
When should someone call a small business attorney?
It’s a good idea for someone to call a small business attorney in several situations, including:
- Business Formation: When starting a new business, a small business attorney can help choose the right legal structure (e.g., LLC, corporation, partnership) and assist with the formation process.
- Contract Drafting and Review: Before signing any contracts, it’s wise to have an attorney review them to ensure they protect your interests and comply with applicable laws.
- Employment Matters: When hiring employees, dealing with employee-related issues (e.g., contracts, disputes, compliance), or considering layoffs or terminations.
- Intellectual Property Protection: If you need to protect your intellectual property (e.g., trademarks, copyrights, patents, trade secrets), an attorney can help with registration and enforcement.
- Regulatory Compliance: To ensure your business complies with federal, state, and local regulations, such as licensing requirements, tax laws, and industry-specific regulations.
- Disputes and Litigation: If your business is facing a legal dispute (e.g., contract disputes, employment disputes, intellectual property disputes), an attorney can provide guidance and represent your interests in court if necessary.
- Business Transactions: When buying or selling a business, entering into partnerships or joint ventures, or engaging in other significant business transactions.
- General Legal Advice: For any other legal questions or concerns related to your business, it’s a good idea to consult with a small business attorney for guidance.
In general, having a relationship with a small business attorney can help you navigate the complex legal landscape and protect your business’s interests.
If you need small business legal advice call Kervin Law at 985-888-0640 for a free consultation.
