Strategic Alliances: Selecting a Good Lawyer

Tom Pedreira

Strategic alliances have become an integral part of doing business, and many lawyers have developed areas of expertise that specifically cater to strategic alliance issues.

When a strategic alliance involves a simple contracting arrangement or a joint venture between two privately held local businesses, the expertise of a business or corporate lawyer may be more than sufficient for your needs. At the other end of the spectrum, though, a complicated merger or a deal between publicly held companies is more likely to need the horsepower of a large law firm with lawyers who have expertise with mergers and acquisitions, securities laws, antitrust, banking and finance.

Regardless of where your situation falls, you may already have a list of prospective lawyers. If you don't , though, a great place to start your search for a lawyer is right here at lawyers.com. You can do a free search to come up with a list of lawyers by using the Find A Lawyer search box that can be accessed from anywhere on lawyers.com. (You should see a search box on the right side of your computer screen.)

Once you have a list of lawyers, you will want to find out every thing you can about them, and then do some initial screening to whittle down your list to three or four prospective candidates:

  • Look at the biographies and Web sites for the lawyers and their law firms. Do they appear to have expertise in the area of business law that you need? Do they have any information on their Web sites that is helpful to you?
  • Look for a list of representative clients. Are they the types of clients that you'd want your lawyer representing? Does the lawyer represent other businesses similar to yours?
  • Search the Internet under the name of the lawyer and his or her law firm. Can you find any articles, FAQ's or other informational pieces the lawyer has written that give you a level of comfort?
  • Ask other people if they have heard of the attorneys and what they think about them.
  • Contact your state bar association or go to their Web site to find out if the lawyer is in good standing.
  • Check out the yellow pages of your telephone directory. Does the lawyer advertise? If so, do you find the ad compelling? Helpful? Tasteful?
  • Check out the archives of your local newspaper. Has there been any publicity about the lawyer or the cases that he or she has handled?
  • Consider any special needs you have. For example, could you benefit from an attorney who speaks a language other than English?

Business Lawyers

If you have a business alliance that's gone sideways, you probably want a business lawyer who handles lawsuits (called a business litigator). If you're putting together an alliance or exploring legal strategies, la lawyer who handles contracts and corporate matters (sometimes called a transactional lawyer) may be your best bet.

If you may need a lawyer in the future, think about retaining a lawyer or a law firm that has areas of expertise to cover all of your anticipated business needs. It's not a bad idea, for example, to look at a "full service" firm that does both transactions and litigation.

Look to see if a lawyer is connected with associations that cater to your legal issues. For example, most bar associations have sections in business law and other related categories. Having a lawyer who is involved in a chamber of commerce or other local organizations may also be a good sign, depending on your legal needs.

Unless there are special circumstances, you'll want to hire a lawyer with an office that is not too far away from your business. Special circumstances where you may have to go out of town would include a situation where local attorneys don't specialize in the area where you have specific legal needs, or where you're planning on expanding operations to another location. If you're involved in negotiating an alliance where your company will end up doing business in different cities or out of state, you should also consider a lawyer or law firm with offices ( or with affiliations with other lawyers or firms) in some of those locations.

Before You Meet With A Lawyer

  • Ask for references. You'd want to talk to people who could comment on the lawyer's skills and trustworthiness. Get a reference from a bank and from other lawyers. A business lawyer should also be able to give you the names of several CPA's as references.
  • Ask about conflicts of interest. Does the lawyer represent any potential alliance partners? Does the lawyer represent any of your competitors?
  • Ask for a copy of a firm brochure and promotional materials the firm may have. Crosscheck these materials against your other sources and references.

Tom Pedreira is a business lawyer handling matters throughout the Western U.S.  He is with the Seattle law firm of Mikkelborg, Broz, Wells & Fryer, and he can be reached at tpedreira@mbwf.com.

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Meeting With A Business Alliance Lawyer
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