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Top 8 Questions to Ask an Attorney Before Starting a Small Business

by Karl Pearson • January 05, 2022

Questions to Ask a Small Business Lawyer

One of the most exciting things in the world is the prospect of starting a new business. As you embark on this rewarding journey, you must complete all the steps involved in the business formation process. This process involves a lot of planning and hard work and is not something you should do alone. A small business lawyer in Scottsdale can help you address any concerns you may have and answer your most important questions. Here are the top 8 questions you should ask an attorney before starting your newest business venture.

1. How Do I Go About Choosing the Name of My Business?

If you are like most people, then finding the perfect name for your business is the first decision you will make. However, selecting a name for your business is not always as simple as it seems. Before ordering any business cards or company signage, you must make sure your name of choice is available. A Scottsdale business attorney will know the protocol for choosing a name in Arizona and can help you make sure your business name does not infringe on any existing copyrights or trademarks.

2. What Type of Entity Is the Right Fit for My Business?

There are many types of business structures that you can choose from when starting your small business. Depending on the type of business you want to start, you could benefit from choosing one of the following entities. By speaking to an attorney, you can get a better sense of what type of entity is the right fit for your small business. He or she will guide you in the right direction based on a number of factors, including the vision you have for your company and the industry of your business.

3. What Business Formation Documents Do I Need to Get Started?  

Before conducting any business, you will need to have all your business formation documents in place. You must submit your formation documentation to the Arizona Corporation Commission to register your business. You must also register your business entity with the city in which your business is located.

Depending on your business, you may also need to file paperwork with the Arizona Department of Revenue and obtain an employee identification number. A business formation attorney in Scottsdale can give you a better understanding of the documents you will need to get your business off the ground.

4. How Do I Go About Protecting My Intellectual Property?

Protecting your intellectual property is essential for the growth and legitimacy of your business. You must make sure that you solely own your ideas, brand name, technologies and trade secrets. There are many different methods you can use to protect your intellectual property, including copyrights, trademarks or patents. A Scottsdale business attorney can help you decide what methods are right for your business. He or she will help you prevent infringement from your closest competitors and make sure your business is positioned for long-term success.

5. What Information Should I Include in My Bylaws or Operating Agreement?

LLC operating agreements and corporate bylaws help you establish a framework for how you and your management team will run the business. In our experience, we have found that most business owners are extremely grateful to have them when they are running their businesses. They can help you address how major decisions will be made and remove any confusion that could result from having to create core business processes on the fly.

We recommend contacting a business attorney when deciding what information to include in your corporate bylaws or LLC operating agreement. He or she can point you in the right direction and take care of the tedious work that comes along with this important process.

6. What Type of Contracts Should I Have for My Business?

In business, there is nothing more important than having the right contracts in place. A well-written contract can protect your business in many ways, including reducing the number of business disputes and clearly defining the details of a business transaction.

As a new business owner, you may not know which contracts will benefit your business the most. A business contracts lawyer will make sure you have the right type of contracts for your business. He or she will review your existing contracts, help prepare any new contracts and make sure you have a firm understanding of what it is you are signing.

7. What Steps Can I Take to Minimize My Risk as an Employer?

If you are an employer, then you must make sure to stay in compliance with all applicable laws. Depending on the industry, you may have to contend with both state and federal employment law and a number of health and safety regulations.

As a new business owner, it is often difficult to keep up with the laws associated with your business. A business attorney in Scottsdale can educate you about the law and keep you informed of any changes that will impact your business.

8. How Can A Small Business Lawyer Help Me Going Forward?

After completing the steps in the business formation process, you may decide you no longer need the help of a business attorney. However, even the best business owners run into tricky situations that require legal help.

Having an attorney in your corner will give you easy access to legal advice and guarantee your questions or concerns get answered by a professional. You will end up saving money in the long run by consulting with an attorney throughout the life of your business.

Have Additional Questions? Contact Pearson Law, PLC Today

It is important for you to set up your business properly and make sure all your questions get answered. If you have additional questions about the business formation process, then please do not hesitate to reach out. Contact Scottsdale business lawyer Karl Pearson today at (480) 820-1800 to schedule an initial consultation. You can also fill out the online contact form on his website.

At Pearson Law, PLC we will help you handle the challenging moments that come with starting a new business. You can count on us to create informed, personalized strategies that resolve your business problems.

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