When Should You Call an Attorney? When Should You Call an Attorney? Many small businesses operate without legal advice, but this can be risky. Although you may not need to keep an attorney on retainer or hire in-house counsel, you may benefit from legal consultation when: Starting a business: Should you incorporate or be a sole proprietor? Will you run a C corporation or an S corporation? Negotiating contracts: You want the best deal you can get. An attorney can point out potential loopholes that could help or hurt you. Dealing with employees: Compliance with labor laws and regulations is vital to the survival of your business. An improper action toward an employee could come back to haunt you.