Ways to Save On Startup Legal Fees

If you're starting up a business there will come a time when a good lawyer will be your best friend. However, that doesn't mean you need to utilize their bill-by-the-minute services for every legal decision you make. There are ways to avoid legal fees. Consider these options:

Go Boilerplate

If you've ever signed a renter's agreement for an apartment you were probably using a boilerplate contract. This is a template agreement already drawn up by a lawyer and is readily accepted by both sides. You might find that many of business contracts can use boilerplates that are available for free on many online legal resources sites. These contracts can include:

• Commercial building lease agreements
• Employee contracts
• Vendor agreements
• Non-disclosure agreements

Just because you're using a boilerplate contract doesn't mean you can't put in your own terms, dates and names. That's what these contracts were created for. Here's a dirty little secret: You know that expensive lawyer you hire to write up your contracts? They use the same boilerplates. You didn't think they wrote every word of a new contract did you?

Ask For a Fixed Fee

Much like the boilerplate contracts, there are also boilerplate services. Filing for a trademark or setting up a corporation are pretty much routine. The only changes that are made are the names in each of the contracts.

Does this mean you should be paying a lawyer by the hour to get those papers in order?

Not at all.

Ask around and see if you can find a lawyer to handle those kind of for a fixed fee. That means whether it takes them two or 20 hours it will only cost you one price

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You could also offer stock options in exchange for legal services. The caution with that is giving away too much for the kind of "simple work" mentioned above. Your new investors might not be happy about that.

And, if you want to avoid hiring a lawyer for basic corporate services, consider using a document filing service (like CorporationCentre.ca!) to submit your paperwork at a much smaller fee than a lawyer may charge.

Part-Time Lawyer

You might find that after your initial start-up filings you don't need a lawyer all that much. However, you're now stuck paying a hefty monthly retainer to a law firm. Not a wise move.

Instead, look for a firm that can provide you with a part-time attorney. This is someone you can talk to once a week for a reduced fee. Save up your questions and make that weekly meeting count. You can also look into legal insurance. You pay a small premium in exchange for getting a lawyer only when you need them. That's a lot less than the big retainer fee.

If you should ever come across a complicated issue with taxes or find yourself being sued then you don't want to turn that into a DIY legal matter. Get a good lawyer on your side. For everything else, look for flexible options from your legal firm.

Areas of Potential Liability for Website Owners

When was the last time you read the fine print on the terms and conditions of a website? Most of us don’t take the time to read them, finding the legalese too boring. We just click "I accept" so we can get to the good stuff.

However, as a business owner you don't have the luxury of skipping over that fine print. In fact, those terms and conditions might actually become your strongest defense against frivolous litigation.

This is why companies invest in experienced legal counsel to craft liability language. This will make sure your business is protected even from the casual visitor who might have "issues" with your website content. The goal is to reduce the possibility of a lawsuit.  

Here are some things to consider adding to your own terms and conditions to afford any potential liability claims.

Protect your data. If you intend to sell your email list to a third party (it can be a good source of revenue) then you need to be protected with a strong "personal information" provision that spells out your intentions. Even if you don't plan to use that information you still want to be protected in the likelihood that the data is compromised.

Errors and omissions. This is a clause that is include in most business contracts but should also be included on your website. Suppose you post content with facts or figures that prove to be inaccurate or become out of date? Hopefully, you can correct that when notified but until then you shouldn't be held as negligent for a simple oversight.

Unknown malware. There is no telling if or when your website could be attacked by an outside entity until it is too late. If a visitor picks up a "virus" by visiting your site should you be held responsible? Not if you have the right kind of language in your terms and conditions.

Transmission problems. If your server goes down and a customer's own business or service is interrupted, you shouldn't be held liable. Crashes will happen and you'll need to be protected especially when the loss of data could occur.

Copyright infringement. You should do your best not to engage in any copyright infringement but that doesn't mean it can't occur. Suppose you have a forum where a user posts something that is protected. Are you liable? What if someone considers material as defamatory? You can't predict everyone's reaction to all that you'll be posting but you can protect yourself from those reactions.

Confiscation of data. There may be instances where a user's personal information is subjected to foreign government control. In the U.S. there are many heated discussions about this very issue as it pertains to investigations sanctioned by the Patriot Act. You can let your users know they might be subjected to these types of date mining through no fault of your company.

Fortunately, businesses have worked out many of these issues in their own terms and conditions language. You can take advantage of that by obtaining boilerplates of these provisions. You'll still need a lawyer to review them before you post on your website but using boilerplate language can reduce the costs of writing up this liability protection. 

5 Myths About Small Business Law

There is a familiar courtroom saying that goes, "A person who decides to represent themselves has a fool for a client."

What that means is that you shouldn't cut corners when it comes to legal matters especially in your business. There is just too much at stake. That same idea can apply to what you think you know about the law.

There are many myths about small business law that can fall under the category of "They say" or "I heard." Neither one of those ideas should be trust. Case in point: These five myths about small business law:

Myth One: Patents keep your intellectual property protected.

There are many variables that go into filing a patent. One tiny slip-up could open the door for someone to swoop in and make a clone of your idea incorporating a variable that allows them to score their own patent. Although it might not be fair, a bigger corporation could also "borrow" your design and make its own modifications. You can take them to court but they can also crush you with their legions of lawyers. And if there is patent infringement overseas, good luck! This doesn't mean you shouldn't file that patent. Just know it's not a complete shield.

Myth Two: A contract has to be thick to be any good.

Wrong. The best contracts are the ones that are easy to assimilate and understand. One of the reasons that contracts become complicated, is because lawyers like to bill for any ongoing changes.  If you can get a contract boiled down to a few pages then you'll be ahead of the game. Just because lawyers like to throw around a bunch of legalese doesn't mean they have to. That isn't the law!

Myth Three: You can't be sued if you did nothing wrong.

Actually, you can. Anyone can sue you for anything. That doesn't mean the case won't be tossed out be a judge, but before that happens you'll still have to hire a lawyer and defend your company's interest. It could be that the litigant is just trolling for a settlement. Tort reform is a big issue in many countries. There are some places where the loser has to pay all court costs. That could curtail frivolous lawsuits but until that becomes a universal law brace yourself.

Myth Four: All you need is a trademark to protect your brand.

Not so much. First of all, getting a proper trademark can be a very complicated affair. Even when you do get a trademark issued it can only apply to certain territories. That means you have to go multiple places to be truly protected. On many levels, getting the right URL is way more important than a global trademark. Remember, that URL could also be many variations of the same word or phrase related to your company or product. Try to snag them all.

Myth Five: You only need a lawyer if you're sued.

We could spend hours telling lawyer jokes. Yes, they can be a hindrance especially if they are coming after you and your business. However, the best time to retain a lawyer is long before you ever set foot inside a courtroom. If you're not sure about an issue whether it has to do with taxes, R&D or even real estate spend the money to consult with the right attorney. This can pay off in the long run. 

Finding the Right Small Business Lawyer

You need a lawyer. By now you've already embraced that fact as a way of moving your company forward. However, you don’t know how to find the right small business lawyer for your needs. Obviously, asking a friend or business associate for a referral is the best first step you can take. Just because someone you trust recommends an attorney, doesn't automatically mean that attorney will be a perfect fit. Here's what you need to think about when interviewing potential business lawyers:

Fees: Clearly, you need to know how much your new lawyer is going to cost you. Will there be a fixed retainer or will they bill you by the hour? Is every quick phone call going to cost you big bucks? Yes, you should look for fair rates but keep in mind that a lawyer with a hefty hourly billing rate might be a better investment. That's because with experience comes higher fees. That experienced lawyer can finish an assignment in a couple of hours while the new lawyer might take several days. What would you be saving then?

Attention: As a small company you might have small issues to deal with at first. Will your new lawyer devote the same level of attention to your concerns as they would to a bigger company? They'll probably tell you that won't be a problem. Yet, if you discover you're not getting the attention you need then it might be time to change it up.

Return Call Rate: Coinciding with the amount of attention you'll receive will be the return call rate. How fast will your lawyer get back to you? If you're waiting a day or more then there are some problems you need to work out.

Patience: You're not a lawyer otherwise you could handle your own matters. Will your new lawyer have the patience to explain the legalese to you? You should never feel like you're asking silly questions and your lawyer should have the ability to walk you through complicated contract issues.

Focus: You'll be able to tell a lot about your new lawyer by the way they handle that first interview meeting. Are they constantly being interrupted by calls? Are they checking their Blackberry for emails? If they can't focus on a simple meeting how do you think they can handle the big stuff? Are you being too demanding asking for their undivided attention? Absolutely not. That's what you're paying for.

Excitement: You're not going into business with your lawyer but that doesn't mean they can't be passionate about what you're trying to accomplish. Are they excited to work with you? They should be! 

How to Protect your Company from a Lawsuit

Nobody likes getting sued. If you’re a start-up, a lawsuit can bring your business to a screeching halt.

On some level, you can’t ever provide 100% protection against a lawsuit. Anyone can sue anyone at any time. The issue becomes whether that lawsuit has merit or not. Hopefully you can institute the following steps to make sure you would be protected against lawyers bringing frivolous lawsuits against your company.

Step 1: Be patent and copyright compliant

If you are selling a product that you invented, you should have patent and copyright protection in place before you make any sale. There are plenty of internet resources you can tap into that will let you determine whether or not you might be infringing on someone else’s copyrighted material. If you’re making a new product is “like” another product then having your own copyright or patent should insulate you from a lawsuit going forward. This type of research should also apply to any type of logo or other marketing device you intend on using. For instance, if you’re selling a new patented blend of cotton T-shirt but have Mickey Mouse imprinted as the design you could be sued by the Disney Company unless you have licensed that image.

Step 2: Incorporate

As the sole owner of a start-up business, you might think it’s not necessary for you to incorporate yourself. After all, you’re making all the decisions, right? In truth, incorporation provides a layer of protection against liability. If your business is sued it would only be the assets of that incorporated business that would be at risk. All of your personal assets would be safe. In the worst case scenario, an incorporated business can declare bankruptcy and you can turn around a start a new business the next day with a new corporation.

Step 3: Always get it in writing

There isn’t an aspect of your business that couldn’t benefit from a well written contract. Whether that document is between you and an employee, vendor or client having all the terms clearly spelled out will help reduce the instance when someone could find fault with your practices. That’s why contracts should always include clauses to consider all the possibilities of a particular outcome. 

Step 4: Don’t steal staff

Too often the best potential workers are already working somewhere else. There is nothing wrong with hiring a worker away from another company. It happens all the time. However, when you get into situations where intellectual property is involved it might cause some problems down the road. For instance, if you’re starting a mobile game development company and you poach a great designer from another company, that company might take exception with the kind of knowledge their former employee is bringing to your company. This is why there are non-compete clauses in a person’s severance contract. If you are hiring someone in a situation like that make sure they are coming to your business free and clear.

How to Reduce your Legal Fees

As professions go, lawyers are probably among the most maligned out there. You definitely want a "barracuda" on your side but the moment an attorney starts serving you papers they become the bane of your existence.

If you're in business, you need a lawyer. Hopefully it will only be for the start-up and lease negotiation process and not defending you in a lawsuit.

Even with the simple contract work, legal fees can take a huge chunk out of your bottom line.

How can you reduce your legal fees? Consider these ideas: 

1)  Be clear on what you’re paying for

Before entering into any arrangement with a lawyer you should understand their billing practices. Instead of billing for every piece of work on an hourly basis, your potential attorney could work on a flat fee. This is a good arrangement especially if you are looking for contract review and not a lot of back and forth "fixes."

Understanding what you're paying for also means going over your bill every month. If something doesn't look right, ask your attorney for clarification.

Make sure to keep track of your own contacts with the lawyer to compare with the bill.

2) Think before you call or email

Having a lawyer at your disposal is a bit like living with a doctor; you just can't resist the urge to ask about every question that pops in your head. Just know that with a lawyer you're going to be billed for every phone call and email that you send.

Even if it takes them 30 seconds to respond, they're going to charge you at least a quarter of an hour.

All of this means to plan before you communicate. You might be able to answer your own question and save yourself some bucks.

3) Do some of the work yourself

Always keep in mind that lawyers will bill for everything. Reduce costs and time by making copies and delivering documents on your own. Also, try to respond in a timely manner whenever your attorney requests information. If they have to keep reminding you to submit something, that will be another charge.

4) Don't hesitate to shop around

Nurture a great working relationship with your lawyer. It could make all the difference. However, if you find them doing the kind of basic work that any decent attorney could do, you might be well advised to shop around. Find out what other attorney's are charging. Ask your friends who they use. Remember that the lawyer is working for you!

How to Choose a Law Firm for Your Small Business

As the owner of a new small business you’ll be taking on a lot of responsibilities. In your role as boss, it will be your final decisions that impact your staff and the direction you want the business to take. While it might feel at times as if you’ve taken the weight of the world on your shoulders, you can (and should) add to your team with a qualified attorney. Developing a working relationship with an attorney who understands your business will be vital to your success. The following are some helpful hints to help you pick the right law firm.

1)      Start With a Recommendation

When you open up your business you’ll be entering into a community of your peers - other business owners who have been through your situation. These fellow owners can are great resources for solving any challenges that you might face. This network can answer any business related questions that you might have. Start by asking about the law firm they use. Getting recommendations from business owners is the best way to start researching the law firm that will be perfect for your needs. Keep in mind that just because someone recommends a law firm doesn’t mean you have to hire that firm. You’re just asking for names.

2)      Write Out Your Vision

You might have created some sort of business plan for your investors, but your vision of where you want your business to go is something less formal. This is a document that you can use to strategize with an attorney. This vision can help you choose the right law firm based on that firm’s experience. For instance, you might want to franchise your business so you should be looking for a lawyer with expertise in that field. The same holds true for expanding your business globally. Does the law firm have offices in other cities or countries?

3)      Research

Just as your business will need a website, every prospective law firm you’re looking into will have their own internet presence as well. This will be your first impression of the law firm and can tell you a lot about how they handle their business. Once you enter into discussions about retaining the services of a law firm you’ll be given the opportunity to follow-up with their references. Make those calls.

4)      Factor In the Costs

Billing practices vary from one lawyer to another. Many new business owners have gotten quite a shock from their first legal bill when they are charged for a quick phone call or email response. Remember that lawyers make their living through billable hours. When you develop a strong relationship with a law firm the “nit-picking” of hours charged might not become such a big issue. However, you should be aware of all the fees up front and what a lawyer expects to bill you for. Additionally, all these fees should be in writing.

Even if you are a freelancer or a home business, there will be a situation where you will need to use the services of a corporate lawyer. This could range from needing legal advice, or it could be to draft up contracts and agreements. Either way, it's always a good idea to retain the services of a corporate lawyer in case any unexpected situations come up.