Skip to Content

What Does A Small Business Attorney Do and Are They Essential?

When starting a business, hiring a small business attorney isn’t the first thing that comes to mind, mainly because we don’t imagine getting sued.

However, since you cannot completely protect your businesses from experiencing a lawsuit, hiring a small enterprise lawyer is advisable.

This post may have affiliate links, meaning we earn a small commission on purchases through the links (at no extra cost to you). This does not change our opinion but does help support the site. Thank you!

Stick around to learn more about small business attorneys, including the various types of business lawyers, when you should hire one, and more!

What Does a Business Attorney Do?

In simple terms, a small business attorney helps us understand the necessary legal rules and regulations of running a startup business.

small business owner talking to a lawyer

What’s more, they give us advice and guidance on how to solve legal problems that we may encounter while running our small enterprises.

Fernweh Editions Fern & Petals Candle

Let’s take a closer look at some of the areas a small business lawyer may be of assistance.

Forming Contracts

Consulting a business lawyer is critical when drafting a contract as they will ensure that it is as effective as possible.

For starters, a small business attorney helps us ensure that the contract has all the key terms and conditions of the agreement.

This makes the contract enforceable in court if the second party doesn’t do what is required of them according to the agreement.

Having a lawyer guide you when drafting the contract can also be helpful in the following ways:

  • Ensure that it contains what the other party is supposed to do to hold their end of the agreement
  • It explains what will occur if they don’t abide by the terms and conditions in your contract

Representing You During Legal Disputes

There are many legal disputes we may encounter while running our small enterprises. For example, you may be sued by a disgruntled employee on the grounds of unfair dismissal.

A small enterprise attorney will help you formulate a defense strategy and will represent you in court.

They may also represent you in case your business encounters other legal problems, such as issues with workplace safety, discrimination, and so on.

Different Types of Small Business Lawyers


Much like entrepreneurs, there are various types of small enterprise attorneys who specialize in different fields in the business context. Here are some of the different kinds of small business lawyers.

Fernweh Editions Candles

Contract Attorneys

Using already drafted contract templates from the internet can be quite tempting because of how affordable they are.

However, most of them may not be tailored to meet the needs of your business. What’s more, since we may not understand most of the legal language used in the contract, they may end up tying us to unnecessary obligations.

A business contract attorney will help you draft a contract that will cover all the specifics of your small company. They will also help you know what is expected of you and the other party according to the contract.

Employment Attorneys

An employment lawyer specializes in helping small business owners comply with the necessary laws and regulations about the employment process.

They also will help know how to approach and handle crucial employment matters such as terminating an employee.

Employment attorneys also help small enterprise owners understand the measures they can take to protect their businesses against sexual harassment against employees and workplace discrimination.

Real Estate Attorneys

A real estate lawyer reviews documents related to real estate, such as purchase documents and mortgage documents.

They may also represent you during the process of purchasing or selling a real estate property to ensure your interests are well expressed.

Real estate lawyers also guide small business owners through legal procedures while acquiring real estate properties.

Tax Attorneys

A tax lawyer can help you understand how to comply with the necessary tax rules and regulations.

What’s more, they also can assist you in taking legal advantage of the available tax deductions and exemptions.

They also represent small business owners if tax authorities want to pursue legal action against their companies.

Do You Need an Attorney for Your Small Business?

As we mentioned earlier, hiring a small business attorney is critical since we do not know what legal obligations and challenges lie ahead of us.

attorney explaining contract to a client

You may also need help to go through various legal processes like drafting and signing contracts.

Fernweh Editions Candles

Having a small business lawyer by your side will help avoid getting into problems that could significantly affect your small enterprise.

When to Hire a Small Business Lawyer?

The situations you may need to hire a small business attorney include:

  • When drafting or signing a contract
  • When buying or selling a real estate property
  • If an employee, client, business partner, or any other party has decided to take legal action against your business
  • If you require guidance on how to go through critical processes, such as terminating an employee.

What Is the Cost of Hiring a Small Business Attorney?

Usually, small enterprise lawyers charge their services per hour. This could be anywhere between $140 to $325 per hour.

The hourly fee depends on factors like their experience and the complexity of their work.

However, it is essential to find a lawyer that offers a small business attorney free consultation to help you determine if they are a good fit.

How to Find the Right Small Business Lawyer?

Now that we’ve looked at the importance of hiring a business lawyer, let’s look at how to find the right one.

Know Why You Need a Small Business Attorney

Determining why you need a business attorney will help you identify what type of lawyer you would like to hire.

For instance, you may be having some legal issues with your tax authorities. In this case, you will need the services of a tax lawyer.

Ask for Recommendations

Among the best ways to find the best lawyer for your small business is through your personal or professional network. You could ask your fellow business owner or friends and family for recommendations.

Asking a professional you work with, such as an accountant, is also an excellent idea because there is a high possibility they may know a reliable one.

Use the Right Questions to Compare Different Lawyers

Once you have enough recommendations, it is advisable to schedule a consultation meeting with each of them. Like we mentioned before, it is essential to go for those that offer free consultation sessions.

This will allow you to ask the crucial questions that will help you know their experience, charges, competence, and so on.

Final Thoughts

Hiring a small business attorney is an excellent investment for your small business. They will help you navigate smoothly through many legal processes you may encounter while operating your company.

But, it is crucial to consider a couple of factors, such as the lawyer’s credentials, when selecting the right attorneys for your business.