For most people, the legal profession is both intimidating and inscrutable. The idea they would need to interview a prospective attorney to determine whether they are qualified to take their case or not is a confusing concept. Shouldn’t the attorney know their profession? Shouldn’t they be able to qualify or disqualify themselves?
Not necessarily. Lawyers are just like any other profession. They need clients to stay in business, especially if they are running their practice. Attorneys have been known on occasion to take cases they might not otherwise accept so they can pay their bills. As with any purchase, the old maxim “buyer beware” holds true.
Even if you are confident your attorney knows their stuff, it never hurts to check with your local or state Bar. This association is dedicated to maintaining standards for the practice of law, and every attorney is required to be a member in good standing. It is illegal to practice law unless you are a member of the Bar. Business attorneys in Chicago would be members of the Illinois State Bar Association.
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The Bar Association will also be able to tell you if your prospective attorney has had any ethics inquiries or disputes with clients before. All of this information is public record and available on request from nearly any Bar Association in the country.
If you or your business are planning to file a lawsuit and take your case to trial, it is always a good idea to ask what kind of litigator an attorney is before you agree to let them represent you and your case. There is a very big difference between administrative law and trial law. A vanishingly small percentage of attorneys are effective litigators. As any of the litigators at Roth Fioretti would tell you, arguing a case before a jury is a far different prospect from fighting a case through motions and paperwork.
Although you can’t obtain a list of your attorney’s past clients because of client-attorney privilege, you can get records of the cases they’ve argued before a jury. If you consider your case important enough, it won’t hurt to review some of their past verdicts to see how they fared at trial. You don’t necessarily have to read entire transcripts, but knowing what courts they have appeared before and what verdicts they earned could be helpful in the long run.
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Make sure your prospective attorney wants to represent your business. Often when interviewing lawyers, you’ll find they will try to discourage you from pursuing claims. If you find your future lawyer arguing against your vision and trying to talk you out of a case or offering alternatives just for the sake of being contrary, it’s a pretty safe bet they aren’t going to put a full effort into advocating for your interests. These are obviously the lawyers you will want to avoid. Find someone who is as excited about your business as you are.
Ultimately, hiring an attorney is no different than hiring any other kind of professional. Make sure they are qualified, and then make sure they are as dedicated to your business as you are. If you find someone who meets both requirements, stick with them. They are rare exceptions.There are laws governing Chicago businesses including state, local and federal laws. Compliance with the different laws is important for businesses of all sizes. Besides the basic legalities, disputes and litigations may arise. These require legal expertise to help avoid serious consequences. A commercial attorney will have the expertise, experience, and knowledge of the legal system to help you in a time of crisis. However, there are many situations that could have an impact on your business. You do not have to wait for a crisis to partner with an attorney.
There are many ways their firm can help you even before complicated legal situations arise. There are many facets to the tasks of a business lawyer. Here are some of the things Chicago business lawyers do.
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If your business partners with another entity, a knowledgeable legal professional can help draft it. This is useful for all types of formal agreements including formal partnerships, Founders’ Agreement or an Operating Agreement for forming an LLC. No matter what type of agreement it is, a lawyer can organize and draft it so as to reflect each party’s rights and obligations.
Negotiations take place on many levels from forming mergers, partnerships, acquisitions or with service providers. Contracts can be anything from a simple lease agreement, a purchasing agreement or contracting with a third party vendor for selling products. Business lawyers work closely and skillfully with businesses to negotiate and draft contracts that will work in the client’s best interest.
Legal counsel is beneficial when handling and keeping track of documents. A business lawyer can also act as a registered agent on file for an organization. In the event a legal situation comes up, they have the documents on file that can be used to address the situation immediately.
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Whether or not a business is at fault, it is likely someone somewhere will be unhappy with their services and threaten a lawsuit. A business attorney provides protection in the event a lawsuit threat. Legal professionals can provide representation in court or litigate on behalf of a business, so the matter is dropped before it is ever heard by a judge.
Business law firms help set up a company. According to the law, every organization, company or business becomes its own legal entity. Attorneys help Chicago businesses file the appropriate legal paperwork. They also help educate founders or owners about laws specific to their operations, so they can remain in compliance with state, local and federal laws. This includes helping obtain the various permits or licenses the organization needs to operate legally.
Intellectual property laws are designed to protect intangible property from being misused. This includes trade secrets and copyrighted materials which need to be protected. An attorney helps protect critical and confidential information that helps companies profit. Intellectual property law can be complex and technical. Lawyers help businesses retain control of their creative work(s), so they can continue to commercialize their ideas.
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Whether you are just forming or have a well-established Chicago business, having solid legal representation is beneficial. James Provenza is one of the leading business lawyers in the Chicago region. Learn how his expertise and experience can help you, schedule an appointment today.Being married as a business owner or entrepreneur is not always easy. Putting in long hours and dealing with financial concerns as you work to build your business can put a strain on your marriage. If you are forced to make the choice between your goals as a businessperson and a relationship with your spouse that is no longer working, you may decide that divorce is the best option for you. However, the end of your marriage can add further complications to your finances and your ability to continue operating your business, so you will want to obtain representation from a skilled attorney who can help you protect your company and your career.
The experienced divorce lawyers of Weiss-Kunz & Oliver, LLC understand the unique concerns faced by entrepreneurs, and we are dedicated to helping our clients achieve positive results when going through the divorce process. We can help you gain a full understanding of the financial issues that may affect your business during your divorce, and we will help you negotiate a settlement that will allow you to continue working toward your business goals. If necessary, we are ready to fight for your rights and financial interests in court litigation.
As a business owner, you will likely want to protect your company's ability to continue operating during and after your divorce. One of the first steps in doing so is determining whether business interests are part of your marital estate and thus subject to division between you and your spouse. If your business was founded or acquired during your marriage, it will be considered marital property. If you owned the business before you got married, it will usually be considered non-marital property. However, if the business grew in value during your marriage, that increase may be considered when dividing the marital estate, especially if your spouse made contributions that helped your business grow.
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If your business is considered marital property, you will need to determine how to approach the property division process in a way that will allow the business to remain intact. To ensure that your assets can be divided fairly and equitably, you will need to complete a business valuation. By understanding the actual monetary value of your business interests, you work to reach a settlement with your ex that will allow you to retain full ownership of the company. This may be done by buying out your spouse's share through a cash payment or with other marital assets of similar value.
As an entrepreneur, you will also need to be aware of other legal issues that may affect your finances during divorce. If owning your business allows you to earn a significantly higher income than your spouse, or if they
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