Corporate & Business Attorneys

What do corporate and business attorneys do?

Corporate attorneys advise clients who operate businesses in the form of a corporation. Corporations exist under state law and may have a for-profit or not-for-profit status.

Note: Some corporate attorneys are general business attorneys who can advise you about other forms of business such as sole proprietorships, partnerships, limited liability companies, and franchises. If you need advice about any of these other forms of business, ask the corporate attorney whether he or she can provide such advice to you.

Where do corporate matters occur?

Operating a business corporation always involves state law, and often involves federal law, depending on the nature of the business, its size, where its shareholders reside, whether the business is operated for profit or not for profit, and whether the business is privately or publicly owned.

When would I need a corporate and business attorney?

You need a corporate attorney in any of the following situations:

  • you want to form, dissolve, or sell the shares or assets of a corporation;
  • you want to convert the corporation to another form of business, such as a limited liability company;
  • you are considering the merger of multiple corporations or the acquisition of another corporation;
  • you want guidance about the legal formalities required to operate as a corporation;
  • you have questions about business taxation;
  • you have questions about how to comply with federal or state securities laws; or
  • you need advice about your rights and duties as a shareholder, director, or officer of a corporation.

Why do I need a corporate and business attorney?

Corporations are created by state corporation statutes that can be complex. Moreover, the chief benefit of operating a business as a corporation is to protect the owners from personal liability for the debts of the business. To preserve that immunity from liability, a corporation’s owners, directors, and officers must observe certain legal formalities. Because of these numerous complexities, it is advisable to retain a competent corporate lawyer to counsel you.

How do I select a corporate and business attorney?

It is not feasible to list all the considerations related to selecting the right attorney to advise you about forming or operating a business corporation, but here are some general guidelines and questions in four areas—knowledge, experience, availability, and your personal level of comfort with that attorney—that you can use to decide whether to retain a particular attorney.

Knowledge

  • If you need legal help with another form of business, such as a partnership or limited liability company, can the attorney help you with that form of business? If not, can he or she refer you to another competent attorney who can assist you?
  • Is the lawyer prepared to counsel you about the following areas of corporate law:
    • state corporation laws,
    • federal and state taxation,
    • federal and state securities laws,
    • corporate governance,
    • preserving limited liability for the shareholders, and
    • rights and duties of shareholders, directors, and officers?

Experience

  • Has the attorney previously counseled corporate clients?
  • Is the attorney familiar with your particular industry or area of business?
  • Is the attorney willing to refer you to specialists if you require advice in an area of law with which the attorney is not very familiar or experienced?

Availability

  • Ask whether the attorney has any potential conflicts of interest: does he or she represent any individuals or businesses that might enter into transactions or relationships with your business?
  • Does the attorney have adequate time to spend on your case?
  • Does the attorney communicate with you regularly and return your phone calls and e-mail messages promptly?

Level of comfort in dealing with them

  • Do you feel comfortable and confident in dealing with the attorney?
  • Does the attorney answer your questions in a way that you can understand the answers?

How can I find a criminal defense attorney?

Attorneys Catalog provides a list of corporate and business attorneys licensed to practice law in several states: