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questions to ask a lawyer when starting a business

Questions to Ask a Lawyer When Starting a Business

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Did you know that around 20% of small businesses don’t make it past their first year? And nearly half struggle to survive for five years? Many factors contribute to this, including tough market competition and economic challenges. But something often missed is getting the legal stuff right.

Having a good business lawyer by your side can make a big difference. They can help you steer clear of costly errors. And they can guide you to set your company on a path to lasting success.

Talking to a lawyer about starting your business is key. Being well-prepared with the right questions is vital. It ensures you understand all the important legal aspects. This includes the requirements, risks, and possibilities for your business. With a proactive mindset, you’re better positioned to build a strong foundation for your company. And you set it up for future growth.

Key Takeaways

  • Consult a business lawyer to navigate the legal complexities of starting a new venture
  • Prepare a list of questions to ask your lawyer to ensure you cover all essential legal aspects
  • Understand the different business structure options and their tax and liability implications
  • Learn how to protect your business name and intellectual property from the start
  • Discuss the necessary contracts, agreements, and policies you’ll need to put in place
  • Identify and manage potential legal risks, such as liability and employment laws
  • Ensure you obtain the proper licenses, permits, and insurance for your business

Choose the Right Business Structure

Starting a new business leads to choosing the best structure. This choice impacts how you pay taxes, share profits, and deal with risks. Knowing about the different options helps find what’s right for your business goals.

Sole Proprietorship vs. Formal Business Entity

If you don’t register a formal business entity, your business falls under a sole proprietorship or a partnership. In these, you are your business legally. If the business has debts or faces legal trouble, your assets are at risk.

For protection, create a business entity like a corporation or an LLC. This separates your personal assets from your business’. Talk with a legal expert to find the best structure for your business.

  • Sole proprietorships are simple and give total control, not needing a physical store.
  • Partnerships work for multiple owners, running as either a sole proprietorship or an LLP. The choice depends on your business’ needs.
  • LLCs offer limited liability for owners and tax advantages.
  • Corporations, like Warner Bros. and Microsoft, provide strong liability protection with various structures.

Choosing your business structure is key when launching. Knowing the legal and financial duties helps make the right choice. Talk with a business lawyer in Irvine to get started the right way.

Business structure options

Protecting Your Business Name and Intellectual Property

Starting a new business means you need to protect your business name and intellectual property. Your business name is how people recognize your brand. So, it’s key to make sure it’s legally safe.

Before using your business name, check it’s not taken or infringing on others’ trademarks. A // can help. They will guide you and make sure your business name follows the law.

Don’t forget about your logo, slogan, or designs. You should protect these too by registering them. This keeps others from using them without your say.

For startups and small businesses, protecting your intellectual property is crucial. Not guarding it could mean losing the special things that make your business unique.

“Intellectual property represents the entire value of the assets of some companies virtually.”

A Super attorney of irvine can help with protecting your intellectual property. They make sure it’s safe from legal harm. They also help with getting your business the right licenses and permits.

By safeguarding your business name and intellectual property, you’re setting up for success. Talking to a legal expert is a smart move. They’ll help you follow the legal requirements for new businesses and keep your assets safe.

Intellectual property protection

Questions to Ask a Lawyer When Starting a Business

Starting a new business is thrilling but challenging. Having a good lawyer is key to success. They ensure you follow all laws. You should prepare the right questions for your lawyer.

Here are some important questions to ask when starting a business:

  1. What is your experience in business law, and what types of clients have you worked with? It’s key to know if your lawyer has the right experience. This helps in handling business laws and issues.
  2. What is your typical billing structure, and can you provide an estimate of the costs involved? Knowing your potential costs is essential for planning your budget.
  3. What business structure would you recommend for my specific needs, and what are the advantages and disadvantages of each option? They’ll advise on the best business type for you, considering liability, taxes, and ownership.
  4. How can I best protect my intellectual property, such as my business name, logo, and any unique products or services? They’ll explain how to safeguard your brand and unique products. This is important for staying competitive.
  5. What types of contracts and agreements will I need to have in place, and how can I ensure they are legally binding and protective of my interests? Having the right legal documents is essential for your business. They help avoid problems and ensure fairness.
  6. What insurance policies would you recommend to help manage liability and other risks associated with my business? They’ll suggest insurance types that protect your business assets and ensure peace of mind.
  7. What licenses, permits, and other legal requirements do I need to comply with at the local, state, and federal levels? They’ll guide you on necessary legal steps. This ensures you avoid fines and legal trouble.
  8. How can I best navigate the employment laws and regulations that will apply to my business, such as hiring practices, tax withholding, and worker’s compensation? Understanding and following employment laws is critical to a good work environment. It avoids penalties.
  9. What legal considerations should I be aware of when it comes to commercial real estate, such as leases and property ownership? They’ll explain the legal aspects of your business location and property deals. This helps make smart choices.

Talking to a business lawyer about these questions is crucial for your business’s legal base. A good attorney ensures you understand risks, follow laws, and thrive.

“Consulting with an experienced business attorney is crucial to obtaining comprehensive legal guidance, addressing legal risks, and ensuring compliance with evolving laws and regulations in the business sector.”


Starting a small business comes with many legal matters. Working with legal experts, like Super Attorneys of Irvine, can help you start on the right foot. They can assist you from setting up your business to protecting your creations and reducing risks.

It’s vital to handle necessary legal duties for your business’s health and future. These include forming your business, securing your ideas, managing risks, and understanding taxes. With a knowledgeable business lawyer’s help in Irvine, your new company can grow securely.

Dealing with legal issues at the start avoids big problems later. It lets you focus on growing your business. Getting legal help early saves you trouble. So, with the right advice, you can run your business confidently.


What are the benefits of meeting with a business lawyer before starting a new business?

Meeting with a business lawyer before you start can be really helpful. They can help you spot and reduce risks. They’ll guide you in picking the best business structure and protecting what’s yours. Plus, they make sure you’re following all laws and rules straight.

What are the different business structure options, and how do I choose the right one?

There are several types of business structures available. Your choices include sole proprietorship, general partnership, corporation, LLC, and LLP. A lawyer will walk you through each one. They’ll help match you with the right option for your specific needs. This includes looking at things like how much you’ll be protected, tax effects, and who owns what.

How do I protect my business name and intellectual property?

Your lawyer is key to keeping your business’s name and ideas safe. They’ll check if your name might step on someone else’s trademark. They can also lead you through the steps to trademark your own name and logo. They give advice on guarding all your valuable ideas, like patents and copyrights, too.

What other important questions should I ask a lawyer when starting a business?

Here are important questions for your business lawyer:– What are the legal requirements and necessary licenses/permits for my type of business?– How should I structure contracts and agreements with clients, vendors, and employees?– What liability risks does my business face, and how can I manage them?– What are the tax implications of different business structures and activities?– What employment laws do I need to be aware of as I hire staff?– What should I consider when leasing commercial real estate?

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