The short answer is “no,” a lawyer is not required to fill out the appropriate paperwork, pay the filing fee, and file it with the Secretary of State. Many business owners go this do-it-yourself route, some successfully, others not so much. What many people do not realize, and what LegalZoom, RocketLawyer, BizFilings, and others fail to mention, is that properly starting a business involves more than merely filing the correct form with the correct government agency; that is but one piece of the puzzle. Many other factors must be considered, including: choice of entity type, choice of state, tax considerations, permitting requirements, employment considerations, state and federal rules and regulations regarding securities laws, and inter-partner planning to name a few, and this is where a Texas Business Lawyer earns his pay.

Spending a little bit up front can save you a lot more down the road when something goes wrong. Businesses often start out great, with all of the business partners getting along due to the excitement about the future potential, until somewhere down the road, something unexpected happens. And when this happens, frequently due to either financial success, financial stress, or unforeseen tragedy, what will you do? Will your corporate governance documents help guide you through the process or will they compound the problems and make them worse? We have seen more than one successful business destroyed due to the deadly combination of business partner disagreements and poorly drafted governance documents, be they partnership agreements, operating agreements, shareholder agreements, or bylaws. When this happens, it is almost always those who were pennywise and pound foolish, turning what could have been a $2,000 solution if done properly in the beginning, into a $20,000+ problem that winds up in costly, drawn-out litigation, leaving businesses, livelihoods, and friendships destroyed. It truly is a tragedy, and this is why I recommend that every person who is serious about starting up a new business, go talk to a business lawyer. We offer a 30 minute consultation for Twenty Dollars ($20.00), credited towards your account if you hire us, so that we can sit down and talk about your business and figure out how we can help you succeed.

During the consultation, we gather key information about your future business plans, business partners, funding objectives, and more; information that will help us guide you in the right direction when it comes time to deliver the key services such as consultation on choice of entity type, tax considerations, permitting requirements, and custom lawyer-drafted and reviewed documents that fit your individual circumstances and address the common business pitfalls. This type of service can only be provided by a lawyer and it does not come in a form that you can download from a website.

The need for legal advice, and the cost, is not the same for everyone. The simplest situation involves a small business single-owner entity with no employees and no outside investors. The most complex situations involve fast-growth businesses with multiple owners intent on raising large sums of capital from multiple outside investors and redistributing ownership through stock option plans. However, even the single-owner can benefit from an experienced business lawyer’s advice on selecting the correct entity, and operating the business properly so as not to personally expose the owner to the business’ liabilities. Incorporation is not a one-size-fits all business, and our fees adjust to the level of your needs. If you would like more information about how we can help, please call us to setup your 30 minute consultation.

More information about our incorporation fee schedule…