I am in the process of starting a home based business. I have a business lawyer that was recommended through a SBA counselor. The lawyer is quite pricey. From my initial meeting with her, she shared that when people try to go it alone regarding legal aspects of their business (i.e. legal kits, website info, etc.), many end up having to go to a lawyer any way and end up paying them more to fix the problem then they would have paid if only they had gone to them first. I also heard this from someone married to a lawyer. Now I am interested in hearing how true this is from people who are not lawyers (or married to one), and are self employed in a home business. Does one really need a lawyer to find out when to copy right and/or trademark, and how to do it? Does one need to ask a lawyer about every move (i.e. flier distribution, what should go on the flier to make sure there are no legal violations and to make sure the intellectual property of my business is protected, etc.).?
Another issue..I submitted a request to my lawyer and her assistant over two weeks ago and never got it answered. I checked in with her assistant once via email. She replied that the lawyer had been sick and would call me that week. After waiting all week, I finally emailed the assistant back the Friday before Labor Day weekend, and have yet to hear back from anyone from that firm. I`ve met with the lawyer only once in person, and it was a hefty charge. My latest request is info I wish for her to email me, which she has not done yet. At the rate of $210 an hour, I`d expect more. What are your thoughts?
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At $210 an hour, I`d expect more too.
I`d certainly agree that a lawyer is an extremely important member to have on your team of advisors. However, I`d grab some self-help legal books (anything from Nolo is high quality) before meeting with a lawyer.
I`ve generally found that spending $20 on a book and spending some time reading can help you to need need less face to face lawyer time. In other words, meeting with a lawyer is important, but do a little research ahead of time and you can shorten-up your meetings, and thus shrink your bill. (Same thing with taxes and your accountant).
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I would agree, that`s not very good customer service. Piper Tax`s recommendation is a very good idea. The attorney might not be willing to answer you without a retainer. I guess I should have know, but when we used an Attorney for a trademark issue, we were charged for every email, time to read it, and time to respond to it! I was shocked, he seemed to read VERY SLOW!
Take my advice . . . I`ve counseled businesses for years and worked as a business banker for the nations top institutions. Spend sometime in Borders or Barnes and Noble with a good cup of coffee. Forget the lawyers/liars and go it alone. In the end, you will be more knowledgeable with more money in your pocket. Remember, unless you are in deep trouble with the law/divorce, you are better off doing the footwork. Trust me. 
Thanks Janie, Piper Tax, and Avenger. I guess as you mentioned, I need to do my foot work myself. Right now, I am trying to find out if I need to Trademark or Copyright my business. I went to the website for the United States Patent and Trademark Office regarding to see if the if the name of my business is already trademarked by someone else (it is not). However, I asked the lawyer about this, too (still waiting to hear back). I am wondering if the trademark search is something I don`t need her for. However, for getting a Trademark or Copyright filed, it appears that I would need her because the site did not go into all that....unless I missed that info.
Has anyone ever filed a trademark without the aid of a lawyer? I am curious.
I got a call for my lawyer`s office literally a few minutes ago, and arrangements have been made for a phone appointment tomorrow. Wish me well.
Has anyone ever filed a trademark without the aid of a lawyer? I am curious.
I got a call for my lawyer`s office literally a few minutes ago, and arrangements have been made for a phone appointment tomorrow. Wish me well.
OldNikko,
I don`t know if the SBA counselor does have a fiduciary relationship with her...as I understand the term (I may be mistaken about my understanding of the term...does it mean obligated to the lawyer?). Anyway, I do know that they are good friends. The SBA counselor mentioned in passing once, that she was over to have dinner with him and his family. Also, when he holds classes for small businesses, she is often the lawyer that does the lawyer presentation part of the classes.
I don`t know if the SBA counselor does have a fiduciary relationship with her...as I understand the term (I may be mistaken about my understanding of the term...does it mean obligated to the lawyer?). Anyway, I do know that they are good friends. The SBA counselor mentioned in passing once, that she was over to have dinner with him and his family. Also, when he holds classes for small businesses, she is often the lawyer that does the lawyer presentation part of the classes.
Tankey, I was just wondering, what is your new home business anyway? You may not need an Attorney right away.
Thanks for the advice Nikko. I never thought to contact my local bar association for a recommendation.
Janie, I am in the process of a content based website, where I provide a free service for people who register with the site (shopping referrals and recommendations), and earn money through advertising and affiliate programs on the site. I plan to direct my services to the locals of my area and to mainly support local businesses. I am still in the embryo stage. I am attempting to do marketing research now. I have a survey already developed and ready to deploy via email. In order to get people to take the survey, I plan on having a drawing, among those who take and complete the survey, for two winners of Visa Gift Cards. I wish to place fliers in various places throughout my community to solicit people to take the survey, in exchange for being placed in the drawing. However, I wanted to know, from my lawyer (or anyone else with knowledge on the matter), if I need to Trademark or Copyright my business before distributing fliers with my company`s name on it, and put the indication that I am Trademarked or Copyrighted on media I create with my company`s name.
Janie, I am in the process of a content based website, where I provide a free service for people who register with the site (shopping referrals and recommendations), and earn money through advertising and affiliate programs on the site. I plan to direct my services to the locals of my area and to mainly support local businesses. I am still in the embryo stage. I am attempting to do marketing research now. I have a survey already developed and ready to deploy via email. In order to get people to take the survey, I plan on having a drawing, among those who take and complete the survey, for two winners of Visa Gift Cards. I wish to place fliers in various places throughout my community to solicit people to take the survey, in exchange for being placed in the drawing. However, I wanted to know, from my lawyer (or anyone else with knowledge on the matter), if I need to Trademark or Copyright my business before distributing fliers with my company`s name on it, and put the indication that I am Trademarked or Copyrighted on media I create with my company`s name.
I am not an attorney, but I do not believe that getting a name trademarked or copyrighted at this stage is neccesary. It is not neccesary for distributing fliers. Definately do get a DBA, and a business license. You need to focus on getting your business going. If all goes well, than take the next steps. Trademarking is important when your name is important, branding etc
Good luck,
Janie.
Hey, Nikko, why do you delete your posts? They really are informative and helpful.
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