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Choosing a Business Lawyer
By Gary T. Moyer

Each day the owner or operator of a business is required to make a variety of decisions regarding that business, and, inevitably, some of those decisions will require input from legal counsel as to the consequences of a proposed plan of action.

Every decision a business owner or operator makes is intended to advance the business on its path of success. However, if a wrong turn is taken, the costs to get back on the right path can be enormous. The role of legal counsel to a business is to ensure that the business does not inadvertently take a wrong turn and miss its intended destination.

The ideal legal counselor for the small to mid-sized business (up to $10 million in annual sales) has a strong working knowledge of such essential issues as corporate and partnership law, tax law, labor relations and personnel, government regulations, contract law and debt collection law. In other words, what you should be looking for is the equivalent of a "general counsel."

A business is often best served by an attorney who is a general business practitioner. This will allow you to primarily deal with one attorney over a long period of time, and will allow the attorney to become familiar with the unique aspects of your particular business. This familiarity should lead to reduced legal fees because the attorney can spend less time gathering background information.

Since the attorney is part of a team of advisors, it is important that the business owner or operator respect and like the attorney. The goal should be for the business lawyer to be a part of the team for the long term; and therefore you will, over time, deal regularly and often with the attorney.

If you are comfortable with the attorney's general approach, attitude and personality, it will make it easier for you and the other members of the team to communicate with him or her. Conversely, if you are not comfortable with the attorney it will inhibit the flow of information to him or her.

There is simply no substitute for word-of-mouth. If a business associate, friend or other professional has relayed to you a favorable experience they had with a particular lawyer, and if you respect that person's judgment, then this tends to tip the scale towards the benefits of hiring that same attorney. Be aware, however, that a lawyer who is right for someone else in one area of the law may not be suited to work with you on your legal problem in a different area of the law.

Don't be timid about scheduling interviews with two or three prospective attorneys before making a final decision. You have the right to expect prospective counsel, at no charge, to make themselves available to you for such an initial interview.

During the interviews, ask the following questions:

* What is the lawyer's experience and area of practice? What percent of his or her time does the lawyer spend in each area that he or she practices? What kinds of legal problems are handled most often? How long has the attorney practiced in that area of law?

* Has the lawyer ever represented anyone in your industry? If so, whom and when? Can the lawyer give you a reference to one or more similarly sized business owners that he or she represents?

* Who will work on your case? Will you be communicating primarily with the attorney you are interviewing; and, if not, why isn't the person you will be communicating with there? What circumstances would cause a person other than that attorney to handle your case? These questions are particularly important if you are interviewing a large law firm.

* What is the attorney's policy on phone calls? Will he or she promise to return your phone calls the same day? Failure to return phone calls promptly is the number one complaint clients have about their attorney.

Remember, you are the customer and the attorney is there to service you. The ability to freely communicate with your attorney is the key to a successful relationship that will properly prepare you for the legal issues your business will face in the years to come.