1) Is it necessary to hire a lawyer who specialize in ecommerce when I create my own website for my own business? 2) what kind of service does an ecommerce lawyer provide? 3) what is the price range for the service? 4) can I hire a lawyer from a different state than Where my business registers/operates?
Andrew Kevin JacobsonBusiness AttorneyOakland, CA ·
1) Is it necessary to hire a lawyer who specialize in ecommerce when I create my own website for my own business?
As someone who does a lot of work for websites, I think the experience can be quite helpful, and that makes it both cheaper and more efficient for you. However, a lawyer may not be the best investment of limited funds. While lawyers are valuable and important, an accountant or at least bookkeeper would be your first stop.
2) what kind of service does an ecommerce lawyer provide?
We can provide advice on things like privacy notices (required in California), terms of service, help with copyright and trademark issues, and many, many other things.
3) what is the price range for the service?
A lawyer with experience in the area will charge at least $250 an hour, up to as much as $600 an hour.
4) can I hire a lawyer from a different state than Where my business registers/operates?
I am a California lawyer, so I have a conflict of interest, but I would have my concerns about how much the lawyer from a different state knows about California law -- and they probably cannot practice here anyway. There is no advantage to being cheaper if he or she doesn't know the law.
There are a lot of great lawyers in the Bay Area that know a lot about ecommerce and other issues with being online. Meet with two or three who give free consultations to see who you feel most comfortable with.
1) There are many issues surrounding start up of a new business. The e-commerce, or internet law, issues are only one type of issue. You also have copyright, trademark and possibly patent issues to deal with, to name just a few intellectual property issues.
It is not NECESSARY to hire an attorney to start a new business, but it is money well spent and is typically just a cost of doing business. For me, I have the individual skills to build a small house, but I would hire a contractor to do it because I do not have the expertise to coordinate all of the aspects of the individual tasks.
2) Services provided: Depends on the attorney. I would, if it were me, get a good corporate attorney to advise me on the type of entity I needed, and then ask that corporate attorney for a reference to a good IP or Internet attorney.
3) Depends widely on location and scope of services. Also, fees can be negotiated.
4) You can, but I would get someone admitted in the state in which I do business. For example, I see you are in San Francisco. I would also look in Nevada because there are many attorneys there who are admitted in both states.
Good luck!
It is not necessary, as in required by law, to hire a lawyer. A lawyer may be aware of specific requirements and hazards and could be of significant assistance.
An "ecommerce" lawyer is probably a person with knowledge of licensing and contracts. He or she may be primarily involved with Intellectual Property matters including Trademark, Copyright, Patent and Licensing law and may assist in avoiding TM, Copyright, Patent and Licensing challenges.
The cost will depend on time and expertise and is not likely capable of estimation.
A lawyer from a different state may find that working on contracts from other states comprises the unauthorized practice of law. The attorney you contact should have that in mind and make their own decision. You should consult an Intellectual Property attorney.
Q:"1) Is it necessary to hire a lawyer who specialize in ecommerce when I create my own website for my own business?
A: Yes. Not legally, but a as practical matter. There are so many Internet law issues and state law issues specific to web business that you better do that.
Q:"2) what kind of service does an ecommerce lawyer provide?"
A: Spot and solve all the issues you have including those you don't know exist. In short, prevent you from making a huge blunder due to lack of knowledge of Internet or business law.
Q:" 3) what is the price range for the service?"
A: In CA, the fees range from about $200-$600 per hour. The total cost will be roughly the same because the fee is generally proportional to experience and experience often determines how quickly the lawyer can solve your needs. Opting for higher quality at higher hourly rate often is actually cheaper in the long run and makes for a safer setup.
Q:" 4) can I hire a lawyer from a different state than Where my business registers/operates?"
A: Yes. In fact, many eCommerce businesses deliberately set up outside CA for a number of reasons. Delaware and Nevada are quite popular. Others want the cache of a Silicon Valley headquarters and proximity to eBay. Seattle is also popular due to Amazon being there and state of the art harbor facilities. Depends on what you are hawking and how you will transport what you sell.
My colleagues offered some great insights. I think anyone that claims to be an ecommerce "specialist" is pandering. Any business lawyer these days has to deal with websites and related internet issues. Ultimately, what will be helpful is a lawyer that has both business and IP acumen. Some such as our firm craft flat fee arrangements and others still work on an hourly billable. The costs will really vary and depend greatly on the scope of your need here.
You are free to hire counsel from anywhere as lawyers are required to be licensed where they practice not where each of their clients are. These days you have a lot of options and the terms and policies would need to comport with the laws of all the states in which you care to attract business not just CA of course.
I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.
Best regards,
Frank
Natoli-Lapin, LLC
Though it's not necessary to hire a lawyer to form an ecommerce site, the biggest areas of concern should be (i) do I have the right organization for limiting my liability and paying taxes, and (ii) do I have sales tax obligations in the locations that I am selling. As your business grows, you may want to have the right answers to these questions as early as possible.
1)Not necessary but probably advisable to consult with someone who is net-savy and has background in trademark/patent law. 2) Incorporation; trademark protection 3) varies. Usually hourly fee; 4) Yes
