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Q&A: Seek lawyer with small business experience

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Q: How do I find a capable attorney for my small business?

A: Finding the right attorney for your small business can be difficult. Many lawyers are not skilled in representing a struggling new business. Lawyers who primarily deal with consumer matters such as divorce, personal injury or consumer bankruptcy may be less skillful in business matters. So, how do you search for and select a capable attorney?

A good place to start your search is the website of the Houston Lawyer Referral Service, www.hlrs.org. HLRS is a nonprofit community service and provides free referrals. Its attorneys provide an initial 30-minute office consultation for a reduced fee of $20.

The membership directory of your local Chamber of Commerce will have information on attorneys who are members.

Accountants work with many attorneys and often are a good source for referrals, as are business insurance brokers.

SCORE has counselors with a legal background who provide business counseling, but they cannot represent your company on legal matters.

How do you select among the candidates? Established attorneys should have websites that provide some history of their experience, the nature of their practices, and a list of some clients. If a website identifies a group practice but no specific individual, call and ask which attorneys in the firm specialize in small business practice.

Once you have identified two or three lawyers who seem to fit, call and schedule a 15-minute interview. Explain that your purpose is to select an attorney for your new business, and that you do not expect legal advice at the meeting. Many attorneys will not charge for an introductory session.

At the meeting, briefly describe your business. Find out what types of businesses the attorney typically represents. Discuss services you need immediately and evaluate the response. Ask what services you may need that you have not considered. Find out if the lawyer charges by the hour, by the project, or on retainer, and what the fees are. Ask if the lawyer can work within your budget.

Try to assess if you will be able to rely on the attorney when your business success or failure is at stake. Is the lawyer a problem solver? You want someone who works hard to find solutions to business problems. At the same time you want an attorney who explains risks and is ready to give you advice you need, even if it is not what you want to hear.

Ron Consolino is a management counselor for SCORE, Counselors to America's Small Business, a volunteer, nonprofit association and a partner of the U.S. Small Business Association. Send questions to score37@scorehouston.org.

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