Orange County attorney article review:
Hiring a lawyer can be a difficult task, but with the advice and tips in this
article it can put you at ease.
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Tech Companies: How To
Hire A Lawyer
By Barbara Payne
So you’re starting or currently running a technology company! It’s a
well-known fact that most small companies with limited budgets and multiple
demands simply don’t think about
hiring a lawyer until a problem develops.
How and when does a startup or young tech company decide to choose a
legal
representative? Procrastinating or going cheap on this decision can cost
your company dearly later on.
You make the call. But even if you don’t engage a lawyer right away, it’s
absolutely essential to obtain the services of a good tax accountant from
the very start, said veteran Cleveland lawyer Ralph Scola. Many small
companies rely on their financial advisor for certain legal matters—and that
generally works for a while. But “you can’t represent yourself in a lawsuit
if you’re a corporation,” said Mr. Scola. So, “if you’re going to form a
corporation, get one.”
 | Protect your IP. Any tech company’s first priority is protecting its
intellectual property. But according to Mr. Scola, threats can come to any
company in a host of disguises: a key employee goes to work for a
competitor, you get sued, you sign a big contract and the client breaks it
off, your vendors don’t deliver on a high-dollar deal, or they go
bankrupt.
“When a technology company comes to us without legal representation,”
said Michael DeAloia of SS&G Accounting in Solon, “we get [it for them] as
quickly as possible.”
|
 | Be proactive. To protect your business before problems develop, an
attorney must know everything about how you do business—and that just
doesn’t happen when you hire legal help on a bits-and-pieces basis.
Instead, you can easily end up paying more when a problem does develop.
|
Common sense is as good a guide as any for
choosing an attorney.
- Identify your most pressing issues: for technology companies that’s
always intellectual property — typically your embedded capital: what’s in
your employees’ heads. “If that is not well protected,” said Mr. Scola,
“you’ll be out of business.” Patent protection is critical, so pick a
legal representative who has a broad and deep understanding in this arena.
- Make sure you—and anyone else who’ll be dealing with him
frequently—feel comfortable with your attorney. “The biggest hurdle is
temperament,” said Mr. DeAloia. “Do these people get along?”
A good generalist lawyer will take a much broader view than an accountant
or a narrow specialist. But If you need help with a large and critical
business transaction (such as a funding round, or selling your business),
said Anita Campbell of Anita Campbell & Associates, make sure he’s handled
several similar transactions. “When you’re negotiating one of the biggest
deals of your company's life,” said Ms. Campbell, “you want a lawyer who has
been down the road before. This is not the time to be working with a general
practice attorney, however competent he may be.”
How can you know it’s competent advice?
“You can’t,” said Mr. Scola. “It’s impossible to know whether your
professional is doing a good job,” unless you get into serious trouble
because of something she does. Unless you’re in the profession, you can
really only tell if you’re receiving good service. Tips include:
Hire someone who can directly or through another party obtain patents and
copyrights (software) and who understands trade secrets (if it’s not
patentable or copyrightable, you must exercise trade secret protection).
He should also have expertise in handling issues that arise, for example,
when an employee is leaving: enforcing any non-compete agreements and
prosecuting violations, protecting against the employee walking away with
critical information, etc.

Injured people with lawyers receive 3.7 times more than injured people without
lawyers.
Insurance Research
Council National Survey of auto injury claims

You can choose to:
 | Hire someone from a firm—the most frequent choice. One person is your
contact but she can recommend a specialist in the firm for any particular
area of the law. |
 | Hire a sole practitioner with the background and resources to be good
at both general legal issues and intellectual property protection. This
works if you choose someone with a broad and deep knowledge base built up
from years of experience in diverse areas—and who can recommend experts in
other areas as needed. |
In summary: go shopping early for legal help, use common sense and pick
someone you trust who gets results.
Disclaimer: The information provided in this
article is general information on the
legal issues presented and
should not be regarded as a substitute for
individual
legal advice
from an attorney.
The above article is presented as a community
service by
San
Diego lawyer for you with the permission of the
author.
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