How Do I Prepare for my first consultation with an Attorney?
In part that depends on what type of matter you are seeking advice on. Let’s take the scenario of a new entrepreneur with a business idea that you want to make sure is protected when you start selling. As your potential attorney, I would want to know the basics first, such as your contact information and the best way to communicate with you. Some people like text, or email, and others prefer phone calls. I would also want to know where you are located because if you want our assistance on a legal matter at the state level, you would likely have to be physically located in New Mexico. If you are forming your business on tribal land, I would still want to know where you are physically located so as to determine whether you may want to form and register your business under tribal or state law.
The next question I would have for a potential client is what is your business and what product or service do you plan to sell? If you have a website that is already active or simply a domain that you have purchased, this is important to communicate with your attorney. Next, it is great if you know what your principal place of business will be and if you have a business address. I would want a potential client to establish a place of business that is separate from your home address.
If you have not already registered your business with the Secretary of State, then we would discuss how to go about that and how an attorney can help you through that process, and what the best type of business entity is for you. If you have already established your business entity and registered it with the State or Tribe, it would be important for you to provide those underlying documents to your attorney, such as the application you filed with the Secretary of State, the approval, and the Articles of Incorporation, if it is a Limited Liability Company.
If you want to register your mark for a good or service with the United States Patent and Trademark Office, I would need to know what type of mark it Is: a design or word mark, and whether you have ownership of the mark. I would need to know the state that your business entity is organized under, and if you were currently using the mark or whether you plan to use it.
I would also want a good description of the good or service and an example of what it looks like. Then there is the essential question of how long you have been using your mark to sell your goods or service in the United States.
This is an overview of the types of questions you will discuss with your attorney during a consultation. It is okay if you do not have all the answers to these questions the very first time you meet, but at some point, you will need to be able to provide this information!
