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  4. Finding a Lawyer

Finding a Lawyer

If you're starting a business, it's important to consult with an attorney. You'll need help forming a formal business structure, finding a location to lease or buy if you're not going to rent time in a commercial kitchen, and making sure you understand all the local regulations for operating your type of business.

Hopefully, your attorney will be able to address all of your issues, but you may need to consult a legal specialist. For example, if you want to purchase a liquor license for your catering business, you may need to find a lawyer in your state who specializes in obtaining such licenses for food industry clients.

Hiring a lawyer should be done with care and consideration, since she'll be one of your trusted advisors. Don't just pick a name out of the yellow pages; network to find a good corporate attorney who has experience with small businesses in the foodservice industry.

If you find an attorney you like but she doesn't have much small business experience or food experience, keep looking. Unless you negotiate a flat rate, you'll be paying your attorney by the hour, and if she's unfamiliar with the proper forms and permits, it'll take her more time and cost you more money. With lawyers, most of what you're paying for is expertise and experience. Don't feel compelled to use an aunt or the friend of a friend just because she's a lawyer.

Fact

The Internal Revenue Service defines small businesses as commercial operations with less than $5 million in revenue per year. The IRS publishes an annual resource guide to help small business owners. It includes information on starting and running a new business and filing taxes.

The best way to find an appropriate attorney is to ask friends and business acquaintances who have food businesses in your area for a referral. You can also ask your accountant, other attorneys, and your banker. Referrals are the way the legal profession works. Today, with the proliferation of e-mail, it's easy to send out a message that will reach a large number of professionals quickly. If someone has a good attorney, they will e-mail you the necessary contact information.

Don't go to a large law firm where the rates will be higher. An attorney at a small or medium-sized firm who has experience working with restaurants will do fine. Once you have three or so referrals for good attorneys, call and ask a few questions:

  • Ask him what his billable rate is and how much he charges for paralegals and associates.

  • Get references. Call a couple of clients to find out how efficient the attorney is and how quickly he returns calls and attends to important matters.

  • Determine the type of practice. Try to find an attorney who works with a variety of small clients so that you won't be the smallest fish in the pond.

  • Find out where the attorney went to school, how long he's been practicing, and in what states he's admitted to the bar.

Meet with at least a few different attorneys to get a sense of their style, experience, and how eager they are to have you as a client. There should be no charge for an introductory consultation. Interview each attorney and ask the same questions. The most important thing, aside from finding a competent and licensed attorney, is finding a person whose opinion you respect and who will listen to you. You need to find someone you're comfortable with. If your gut tells you that one of the attorneys is smart, tough when she needs to be, and diligent, that's the attorney you should hire, even if she's not the cheapest.

ssential

Network with local business owners and local associations. If there's an active chamber of commerce group or other business networking groups, ask them for a referral. Call your local National Association of Catering Executives (NACE) chapter or ask the Small Business Development Center (SBDC) at the local university for a recommendation.

  1. Home
  2. Starting and Running a Catering Business
  3. Getting Started as a Caterer
  4. Finding a Lawyer
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