Blog

The Dangers of “Do-It-Yourself Lawyering” for Small Businesses

Posted by Bray Dohrwardt | Aug 28, 2024 | 0 Comments

In the age of instant information and countless DIY (Do-It-Yourself) guides, it's tempting for small business owners to take matters into their own hands regarding legal issues. After all, why pay for professional legal services when you can find templates and advice online? However, this approach, often called “do-it-yourself lawyering,” can lead to severe risks that far outweigh any perceived savings. In this article, we'll explore the dangers of DIY lawyering and why small business owners must engage with qualified legal professionals. The Dohrwardt Law Firm offers flat fees and General Counsel subscriptions to give you access to an on-call legal department at a fraction of the cost. Contact the Dohrwardt Law Firm today to hear how we can help you get business done.

1. Complexity of the Law

The law is inherently complex, with intricate rules, regulations, and case law that vary depending on the jurisdiction and industry. While a DIY approach might seem straightforward, it fails to account for the nuanced legal interpretations and applications that could impact your business. Misunderstanding or misapplying the law can lead to costly mistakes, legal disputes, and potential penalties that could have been avoided with proper legal guidance.

For example, drafting a contract using an online template is cost-effective. However, without a deep understanding of your business's specific terms and conditions, you may inadvertently create an unenforceable contract or put your business at risk. An experienced attorney can tailor contracts to your needs, protecting your rights and interests.

2. Unintended Legal Consequences

One of the most significant dangers of DIY lawyering is the potential for unintended legal consequences. Small business owners may need to fully understand the implications of their legal decisions, which can lead to unexpected liabilities or disputes down the road.

Consider the example of forming a business entity. While filing the necessary paperwork to form an LLC or corporation may seem simple, the choice of entity type can have far-reaching implications for taxes, liability, and governance. A business owner might inadvertently choose the wrong structure, resulting in personal liability for business debts or higher-than-necessary taxes. A knowledgeable attorney can guide you through this decision-making process, helping you select the best entity type for your situation.

3. Inadequate Legal Protections

DIY lawyering often leads to inadequate legal protections, leaving your business vulnerable to legal challenges. Intellectual property (IP) protection is a critical area where small businesses must take care when handling legal matters independently.

Failing to protect your IP correctly—such as trademarks, copyrights, and patents—can result in lost opportunities and revenue. A poorly drafted IP agreement or an incomplete registration can expose your business to infringement claims or the loss of exclusive rights to your brand or product. An experienced attorney can help you navigate the complexities of IP law, ensuring that your business's most valuable assets are protected.

4. Time and Resource Drain

While DIY lawyering might seem like a time-saving option, it often leads to the opposite result. Small business owners can spend countless hours researching legal issues, filling out forms, and trying to understand complex legal jargon. This time could be better spent on growing and managing the business.

Moreover, if a legal mistake is made, the time and resources required to correct it can be substantial. Litigation, dispute resolution, or just amending a poorly drafted contract can be costly and time-consuming. By working with a qualified attorney from the outset, you can avoid these pitfalls and focus on what you do best—running your business.

5. Lack of Strategic Legal Advice

The most significant drawback of DIY lawyering is the need for more strategic legal advice. Legal professionals do more than draft documents and file paperwork; they provide valuable counsel to help you make informed decisions that align with your business goals.

For example, a business attorney can help you anticipate and mitigate risks, plan for future growth, and navigate regulatory challenges. They can also offer insights into industry-specific legal issues, helping you stay compliant and competitive. You cannot get this strategic advice from a DIY approach.

6. False Sense of Security

DIY lawyering often gives small business owners a false sense of security. They may believe their legal matters are in order because they have used a legal template or followed an online guide. However, the reality is that these DIY solutions are often generic and may not address the specific legal needs of your business.

Without the guidance of a seasoned attorney, you may not even realize that you've overlooked a critical legal issue until it's too late. This false sense of security can lead to significant legal and financial repercussions that could have been avoided with proper legal representation.

Conclusion

While the allure of DIY lawyering may be vital for small business owners looking to save money, the risks far outweigh the benefits. The complexity of the law, the potential for unintended consequences, inadequate legal protections, and the lack of strategic advice are just a few reasons why working with a qualified attorney is essential.

Engaging a legal professional is not just about avoiding mistakes—it's about proactively protecting your business, ensuring compliance, and making informed decisions that will contribute to your long-term success. Investing in proper legal counsel lets you focus on what you do best while knowing that your business is on solid legal ground. The Dohrwardt Law Firm offers flat fees and General Counsel subscriptions to give you access to an on-call legal department at a fraction of the cost. Contact the Dohrwardt Law Firmtoday to hear how we can help you get business done.

 

The information provided is only for general information and is not meant to be legal advice.  Information on this website, including third-party links, may not include the most up-to-date information, so you should contact your attorney to discuss your particular matter. Third-party links are provided for convenience only and are not an endorsement by the Dohrwardt Law Firm.

About the Author

Bray Dohrwardt

As an accomplished attorney with over 22 years of experience, Bray Dohrwardt has built an impressive career, enabling business growth and commercial success for many companies from start-ups to large corporations and nonprofits. He focuses his practice on business law and energy law.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Bray Dohrwardt is Responsible For the Content of this website

Bray Dohrwardt is licensed to practice law in Minnesota and Texas. Please contact the Dohrwardt Law Firm to discuss how the firm can help you get business done.

Menu