How to Locate the Best Business Attorneys in Ohio

The Importance of Having Legal Representation for Ohio Businesses

Ohio is a state that poses unique legal problems for businesses. You may not need a business lawyer in York, North Carolina, but keep reading if you’ve gotten this far.
Employment-Related Issues
Growing companies can have considerable difficulty assessing legal rights and obligations when it comes to hiring and employment of their new employees. While they may feel confident in their budding business knowledge, a Cleveland based business attorney can help guide companies through the legal pitfalls involved in building an effective workforce.
Privacy and Information Concerns
Cell phones, text messaging, email and social media are certainly keys to doing business in the modern world. However , they also open the door to numerous types of privacy liability. Government regulations now require that business take responsibility for protecting client information from data breaches, as discussed by a recent article on Silicon Valley Business Journal. A local Cleveland business lawyer can help you navigate these regulations.
Government Contracts
If you do business with a government entity in Ohio though a government contract, then you’ve likely anticipated the paperwork and regulations that accompany this. However, many small businesses do not anticipate common issues that can quickly divert government contract resources and harm profitability.

Common Legal Services Provided by Business Attorneys in Ohio

A business lawyer’s role can vary greatly depending on the needs of the company. Typically the range of services is broad, and it encompasses the breadth of business transactions from the very basic to the highly sophisticated, at each stage of a company’s development. The following are some common services business lawyers provide:
Business Formation / Governance – While many entrepreneurs may start their businesses on their own, it is wise to consult a business lawyer on the proper way to form a business entity and to create a governance structure that minimizes risk such as personal liability. Even corporations and LLCs have different legal protections and how the governance structure is set up can affect that. An Ohio business lawyer can help you choose the proper entity, such as an LLC, C Corp, S Corp or partnership, and also help with bylaws, organizing meetings and keeping corporate records.
Contract Drafting, Review and Negotiation – Business contracts are anywhere from relatively simple to extremely complex. Your business attorney can draft most typical business contracts, including sales agreements, purchase agreements, consulting agreements, leases, supply contracts, employment agreements, licenses and joint venture agreements. And be sure to consult your lawyer before you sign anything! Your lawyer can negotiate the terms of a proposed agreement and spot problems you may not have noticed. Contracts often include details that can unfairly benefit clients who simply present a form without negotiation.
Compliance – An experienced Ohio business lawyer knows the laws and regulations that govern various industries. For example, the laws that govern family businesses are different from those that govern a professional practice. You don’t want to be blindsided by industry rules and regulations.
Litigation, Dispute Resolution, and Arbitration – Business lawyers can represent clients in many commercial disputes. Your attorney can litigate or mediate a case on your behalf or advise you on the best way to avoid a dispute in the first place. This type of litigation encompasses contract disputes, and many other forms of litigation including business torts, breach of contract, fraud, licensing disputes, employee matters, securities, non-compete agreements and fiduciary duties to name just a few.
Intellectual Property – As the internet becomes more open to all users and more new technologies emerge, intellectual property protection has never been more important for innovators and those who invest in them. Copyrights, trademarks, patents, and trade secret or proprietary information are all increasingly at risk from hackers, imitators, and even government appropriation. Your Ohio business lawyer can help you protect your property.

How to Select an Ohio Business Attorney

When searching for a business lawyer in Ohio, you’ll want to look for a couple of key factors that will make your decision easier. First, start with experience in the process. Look for an attorney who has a wealth of experience in starting and running a business. This experience could be in personal business or with someone else. You’ll want a person who can advise you on the best practices in your new venture. Someone who’s already walked the path is going to offer some invaluable insights above and beyond the paperwork and procedural needs.
Second, you’ll want to look for specialization. An attorney whose entire practice is dedicated to business law, and business law exclusively, is what you’re looking for. Many attorneys have a large enough business following that they can dedicate a portion of their practice strictly to business. However, if you’re starting a business, you’ll want a person who hasn’t spread themselves too thin into other areas of law. Business law requires a delicate attention to details that can get lost if the lawyer is trying to manage a full load of cases in multiple areas. There’s nothing resourceful about paying an attorney to handle a case they are not prepared to deal with as expediently as possible.
Third, look for testimonials from previous clients. An attorney with a successful track record is an asset to any client. Testimonials can speak volumes toward helping you determine the caliber of person you’ll be getting and how responsive they are to their clients.
Finally, make sure you review their professional background. Many times, advanced standing can be acquired through years of experience and additional certifications.

An Overview of Business Law in Ohio

Ohio houses a robust and varied business ecosystem, each sector governed by its own set of laws and regulations. Entrepreneurs in the state are subject to a multitude of federal, state and local business laws, including the taxation of their choice of entity, worker classification, minimum wage and occupational licensing requirements. Additionally, Ohio does not have its own business corporation statute; if you are considering forming a corporation, you must form under the laws of another state.
For set up, Ohio imposes two sets of taxes on corporations: the Commercial Activities Tax and the Corporate Franchise Tax. The Commercial Activities Tax is imposed on "gross receipts" generally at various rates, depending on your annual receipts. By contrast, the Corporate Franchise Tax is imposed on "net income," a base that includes the "taxable value" of corporate capital. Under current law, the Corporate Franchise Tax will be phased out by 2013. The Ohio Budget Bill has a graduated reduction schedule, with a major cut in the tax rate in calendar year 2012. However, the Budget Bill also serves as an extension of the phase out, meaning that if the amendment passes, it will not be needed again until 2017.
Under the Ohio Revised Code, most employers are generally subject to both the Ohio Workers’ Compensation Act and Ohio Public Employment Risk Reduction Standards Act. Open enrollment begins on October 1, 2014 and under the Affordable Care Act, employers with 50 or more full-time employees (or full- staffs) must provide health insurance to employees at minimal levels of coverage. The Ohio Revised Code also imposes minimum wage requirements, which vary depending on whether your business is located in a municipality or not. Lastly, whether you need a specific license or certificate for an occupation will depend on your business type; all occupations fall under an Ohio occupation law.

The Advantages of Local Knowledge: Legal Insight in Ohio

Finding a "Top Business Lawyer near me" who is familiar with the complex and nuanced business landscape specific to Ohio can make all the difference in the success of your legal matters. The local expertise of Ohio-based counsel allows you to gain insight into Ohio-specific legal challenges, ensuring that your legal strategy is guided by an attorney who not only knows the law, but also understands the unique characteristics of the local legal environment.
The benefit for Ohio clients of hiring counsel who is familiar with Ohio law is that they are able to avoid common mistakes such as overlooking capping considerations or failing to comply with local notice requirements . Cumulative errors in these areas can delay or derail an otherwise viable deal.
In addition, there are many state specific considerations that must be taken into account in the structuring of complex transactions. For example, when structuring a merger or recapitalization under state law, it is important to consider whether prima facie conflict is present. Thousands of dollars can be lost in legal fees and expert fees reviewing a transaction if the transaction falls within an exception to prima facie conflicts. An experienced counsel can quickly identify that prima facie conflicts are not present and avoid unnecessary expenses for their client.

Success Tales: Using Ohio Business Attorneys

One of the most widely accepted methods for evaluating an attorney is to contact prior and current clients. Most notably, ask clients about their legal matters and the resolution. While I cannot contact my clients from a previous legal matter, I can find numerous examples of "success stories" for Ohio business lawyers from sources compiled for advertising programs and, in particular, lawyer review websites. My friend and partner, George H. Huffman, III, was quoted in a Canton Repository article on his representation of a local restaurant owner who purchased a piece of property he thought had the zoning he needed to operate his restaurant. It didn’t. The 1.25 acre site was zoned R-4. After an 18-month battle, the Stow City Council held a special meeting and approved a change in zoning to B-3 (general business). "Without working hand-in-hand with the city officials, this never could have happened", Huffman said after the public hearing. He has already been contacted by developers looking to purchase the property or to put a drive-thru through the site so that a bank can be built there, he said. Here is another real-life situation that doesn’t end as favorably: A restaurant opened in 2007 in Columbus, Ohio where several family members of the 23-year-old owner all had employment. Unfortunately, this restaurant was subjected to theft by an employee and when the restaurant ended its business relationship with this employee, they initiated a lawsuit claiming retaliation and wrongful termination. The family attorney sued for $500,000 and the case went to federal court because the employee claimed they were pursuing a racial discrimination cause of action. It would take a deposition, filing of numerous pleadings, telephone depositions, and the employment of an employment expert before the case was eventually settled for less than his attorney’s fees.

The Journey to Affordable Business Legal Services in Ohio

An entrepreneur’s budget is typically stretched thin. Having legal issues to deal with on top of every other matter leaves your already limited financial resources even more constrained. However, finding affordable legal services doesn’t have to mean sacrificing quality. To assist you, I have provided below some of the most important factors to consider when budgeting for legal services and trying to get the most for your money.
Clearly Define Your Legal Needs
This seems like an obvious step, but in my experience many Ohio business owners seeking legal counsel to meet a specific need are unclear about that need. If this is the situation, it is imperative to consult an experienced business attorney before becoming engaged is any substantive legal work.
It is also important to clearly identify what ongoing legal needs you will have. For the long-term success of your business, you must always keep an eye towards your future business and legal needs and how to meet them in a cost-effective manner.
Invoicing/Telling Time
How are your legal services billed? Is the billing done in tenths of an hour (i.e. six minute segments)? Make sure you understand these details at the start of the working relationship to avoid any potential "billing surprises" later.
Similarly , make sure you understand the billing process. Do you have access to the lawyer’s time entries? How often will you receive invoices? Will the lawyer bill you directly, or will you be billed through a managing attorney? Does the lawyer bill all of his or her time, or are there some matters that are not billed (for example, are initial consultations free)?
Determine What You Want to Pay, Not What You Have to Pay.
It might sound like an obvious step, but it is important to remember that affordability is a relative term. Your budget should be couched in terms of a value proposition: What kind of value can you expect to receive for your investment? There are advantages and disadvantages to almost every attorney, and you have to evaluate those considerations against your own budget. For example, does attracting high-end clientele demand hiring a firm with the biggest name? Or can you get the same or a similar result for less? These are questions only you can answer.