Does Your Small Business Need a Lawyer?

Is your small business ready to grow in 2014? If you’re like most of them, the answer is yes—at least, according to the entrepreneurs polled in RocketLawyer’s most recent Small Business Survey.

Despite concerns about the economy, these business owners are optimistic, and to help their growth dreams come true, they’re emphasizing marketing and branding in 2014. More than 40 percent of respondents say that’s their top priority for this year, far ahead of developing new products or services (13 percent), hiring (6 percent) or international expansion (2 percent).

But if your marketing efforts pay off and your business does grow, one area you may wish you had focused on is legal protection. In 2013, more than half of small business owners in RocketLawyer’s survey say they consulted with an attorney. What prompts small business owners to find a lawyer? The top concern is complying with government regulations (cited by 26 percent), but debt collection, lawsuits, incorporation, trademark or patent issues and theft or fraud were also named as key legal worries that small business owners have sought help with.

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You don’t have to be a bigger business to face these legal issues. My company is tiny—only three partners—and we’ve dealt with every one of these issues except for theft and fraud. What legal lessons can you take away?

Educate yourself. The law intimidates many of us, but it doesn’t have to. There are many online legal sites that can help you get a handle on legal issues, providing resources, articles, templates, legal forms and other tools to help you handle simple legal matters such as filing for trademark protection on your own.
Always use a contract. I’ve learned the hard way that no matter how well you think you know someone, you need a contract to protect yourself and your business. Of course, simply having a contract isn’t a panacea—nearly 40 percent of small businesses in the survey reported having legal problems with contracts in 2013. Make sure your contract is clearly written, outlines the scope of work and payment, and covers all the possibilities that could go wrong. Consider using online templates to draft contracts for the basic business situations you’re likely to encounter, then having an attorney review and fine-tune them to make sure they’re complete. It’s worth the money.
Incorporate? Maybe. For many small business owners, incorporation is worth it for the legal protection it offers your personal and business assets. However, incorporation isn’t necessarily right for every business. Talk to a trusted advisor as well as your business’s accountant to discuss the options for choosing a form of business.
Know what to expect. The key to staying out of legal trouble is to think ahead at every stage of your business. From naming your company and designing a logo to negotiating a lease for your new business and hiring your first employee, entrepreneurship is ripe with legal traps that can trip up the uninformed. It’s crucial to know what your legal rights and responsibilities are at each stage of business development. Working with a trusted business advisor can alert you what to expect and what steps you must take to protect yourself, your business and your assets.

Rieva Lesonsky is CEO of GrowBiz Media, a media and custom content company focusing on small business and entrepreneurship. Email Rieva at rieva@smallbizdaily.com, follow her on Google+ and Twitter @Rieva, and visit her website SmallBizDaily.com to get the scoop on business trends and sign up for Rieva’s free TrendCast reports.