October 11, 2024

5 Legal Hacks Every Entrepreneur Should Know Before Launching a Business

5 Legal Hacks Every Entrepreneur Should Know Before Launching a Business

Starting a business is exciting, but it comes with a long list of legal to-dos that many entrepreneurs overlook in the rush to get things off the ground. While you might be tempted to skip or delay some of these legal steps to save money, the truth is that failing to prepare properly can cost you far more in the long run.

Legal mistakes, such as not choosing the right business structure or failing to protect your intellectual property, can result in hefty fees, lawsuits, or even breakdown of your business.

Luckily, there are DIY legal hacks that can save you thousands upfront and protect you from costly legal issues down the road.

1. Choose the Right Business Structure

One of the most important decisions you’ll make as an entrepreneur is selecting your business structure. The structure you choose—whether it’s a sole proprietorship, LLC, or corporation—will impact everything from your personal liability to how much you pay in taxes. For instance, if you operate as a sole proprietor, your personal assets could be at risk if the business faces legal trouble. On the other hand, forming an LLC separates your personal assets from your business, offering protection.

DIY Hack: You don’t need a lawyer to form an LLC or corporation. Many entrepreneurs spend thousands in legal fees to set up these structures, but you can easily do it yourself. Most states allow you to file LLC paperwork online for under $300. Compared to the typical $1,500 - $3,000 fee that lawyers charge, this DIY approach could save you up to 80% in upfront costs.

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Risk of Not Doing It Right: If you skip this step or choose the wrong structure, you might face unlimited personal liability for business debts or even lose out on tax savings. Fixing a poor choice later could cost thousands in back taxes or legal fees to reclassify your business.

2. Trademark Your Business Name

Your business name is one of your most valuable assets, but if you don’t trademark it, someone else could take it—and there’s little you can do to stop them. Registering a trademark not only protects your brand identity but also gives you legal leverage if a competitor tries to operate under a similar name.

DIY Hack: You can conduct a free trademark search on the U.S. Patent and Trademark Office (USPTO) website to ensure your business name isn’t already taken. If it’s available, filing a trademark application yourself costs around $250–$350, depending on the filing class. Hiring an attorney for the same process could cost between $1,000 and $2,500.

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Risk of Not Doing It Right: Failing to secure a trademark could result in legal battles over your business name. If a competitor registers your name first, rebranding your business could cost you much more in lost revenue and legal fees. The average cost of a trademark invalidation lawsuit, which typically involves trademark infringement, can range from $10,000 to $750,000.

3. Draft Strong Contracts

Contracts are the backbone of any business relationship—whether it’s with clients, vendors, or employees. A poorly drafted contract, or worse, no contract at all, leaves you vulnerable to misunderstandings, payment disputes, and even lawsuits. While hiring an attorney to draft custom contracts can cost thousands of dollars, DIY solutions can be equally effective for standard agreements.

DIY Hack: Use contract templates as a starting point. Websites like Rocket Lawyer and LegalZoom offer affordable contract templates for various business needs, from service agreements to non-disclosure agreements (NDAs). These templates often cost between $20 and $50, compared to the $500 to $1,500 you’d typically pay for a custom contract from a lawyer.

Risk of Not Doing It Right: A weak or incomplete contract can lead to disputes or lost revenue. For example, not clearly defining the terms of a client agreement could result in unpaid invoices or deliverable confusion. Worse, fixing contract disputes through litigation could cost tens of thousands in legal fees.

4. Get Familiar with Intellectual Property

Every business has intellectual property (IP)—whether it’s your company’s logo, a unique product design, or proprietary software. Protecting your IP from the start is crucial to avoiding theft or misuse by competitors. This includes knowing the difference between copyrights, patents, and trade secrets.

DIY Hack: Start by identifying what intellectual property your business holds. Then, use NDAs to protect your ideas when discussing them with potential partners or employees. Standard NDA templates are available online for around $20, or you can create one with a simple generator. Filing for a copyright on creative works costs around $35, while patents can be more complex but are often eligible for reduced filing fees.

Risk of Not Doing It Right: If you don’t secure your intellectual property, competitors could copy your ideas or even patent them first. The cost to recover IP rights or file lawsuits can easily run into the tens of thousands of dollars. On average, patent litigation costs range from $2.3 million to $4 million. For cases with less than $1 million at risk, median costs are around $650,000 to $1 million. When $1 million to $25 million is at risk, costs can reach approximately $2.5 million. For claims over $25 million, expenses can escalate to around $5 million.Securing your IP early can prevent these expensive battles later.

5. Comply with Employment Laws

Hiring employees or contractors is a big step, but misclassifying workers or failing to comply with employment laws can lead to serious financial penalties. One common mistake is misclassifying employees as independent contractors to avoid paying benefits or payroll taxes. However, if the IRS or Department of Labor finds misclassification, your business could face steep fines and back taxes.

DIY Hack: To avoid these issues, make sure you fully understand the legal distinction between employees and contractors. The IRS provides free guidelines to help businesses properly classify workers. Also, use online templates to create compliant employment contracts, which are typically available for $30-$50. Compare that to the cost of attorney-drafted contracts, which can range from $500 to $2,000.

Risk of Not Doing It Right: Misclassification fines can add up quickly. If you’re found to be in violation, you could owe back wages, benefits, and penalties that could total thousands of dollars—far more than the cost of getting it right from the start.

Litigtaions are way more costly. On average, defending an employment lawsuit can cost employers around $75,000 to $160,000 if settled before trial. If the case proceeds to trial, costs can escalate significantly, often exceeding $200,000. Out-of-court settlements typically average around $40,000, but can reach up to $1 million in some cases. Legal fees for attorneys range from $200 to $650 per hour, adding to the overall expense.

Conclusion

Skipping over important legal steps can put your company at risk.

By using these DIY legal hacks, you can protect your business without spending a fortune on attorney fees. For example, forming an LLC yourself instead of hiring a lawyer can save you up to $3,000, while drafting your own contracts or using templates could save you thousands more.

Remember, the key to avoiding costly legal issues down the road is taking care of these legal basics upfront. If you’re looking for more in-depth guidance, check out our range of e-books, guides, and online courses designed to help entrepreneurs navigate the legal landscape with confidence and ease.

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