• Have the attorney estimate the cost of each matter in writing, so you can decide whether it’s worth pursuing. If the bill comes in over the estimate, ask why. Some attorneys also offer “caps,” guaranteeing in writing the maximum cost of a particular service. This helps you budget and gives you more certainty than just getting an estimate.

• Learn what increments of time the firm uses to calculate its bill. Attorneys keep track of their time in increments as short as six minutes or as long as half an hour. Will a five-minute phone call cost you $50?

• Request monthly, itemized bills. Some lawyers wait until a bill gets large before sending an invoice. Ask for monthly invoices and review them. The most obvious red flag is excessive fees; this means that too many people—or the wrong people—are working on your file. It’s also possible you may be mistakenly billed for work done for another client, so review your invoices carefully.

• See if you can negotiate prompt-payment discounts. Request that your bill be discounted if you pay within 30 days of your invoice date. A 5 percent discount can add thousands of dollars to your yearly bottom line.

DIFFERENT STROKES

When you’re hit with a lawsuit, the costs can be mind-boggling—even if you win. That’s why more and more small businesses are using alternative dispute resolution (ADR), a concept that includes mediation, arbitration and other ways of resolving disputes without resorting to litigation. Both in contracts between businesses or in agreements between employers and employees, people are consenting ahead of time to submit future disputes to ADR. Here are the most common forms of ADR:

• Negotiation. In the simplest form of ADR, the two parties (or their lawyers) discuss their differences and agree on a settlement.

• Mediation. When the two parties need more help in working out a solution, they can hire a neutral third party (a mediator) skilled in asking questions, listening and helping make decisions. The result is a written agreement to settle the dispute; both parties share the mediation costs.

• Arbitration. An arbitrator hears a case like a judge, then issues a decision. The parties have control over who hears the case—often, an expert in their field. In nonbinding arbitration, the arbitrator makes a recommendation that parties can accept or reject. In binding arbitration, the arbitrator’s decision is legally binding.

• Mini-trial. Less common, this gives both parties a sense of how their disagreement might resolve in court. They watch their lawyers argue the case as if they were at trial. In most cases, the parties are better able to see the other side and end up settling the case.

• Summary jury trial. Here, a jury of citizens hears a shortened trial and makes a nonbinding decision. Again, this usually helps the parties agree on a settlement.

Any time two parties enter a contract, they can include an agreement to submit any disputes to a specified type of ADR. Your attorney can help you draft a clause specifying how the situation will be handled. If you have employees sign an ADR agreement, make sure they understand that they will lose the option of a jury trial.

Even if you don’t have an ADR clause in your contracts, it’s still possible to suggest using ADR after a dispute arises. Once they understand how much money, time and aggravation ADR can save, the other side may agree to use it ... even if they still don’t agree with you.

• Be prepared. Before you meet with or call your lawyer, have the necessary documents with you and know exactly what you want to discuss. Fax needed documents ahead of time so your attorney doesn’t have to read them during the conference and can instead get right down to business. And refrain from calling your attorney 100 times a day.

• Meet with your lawyer regularly. At first glance, this may not seem like a good way to keep costs down, but you will be amazed at how much it reduces the endless rounds of phone tag that plague busy entrepreneurs and attorneys. More important, a monthly five- or ten-minute meeting (even by phone) can save you substantial sums by nipping small legal problems in the bud before they even get a chance to grow.

Making the Most of Your Lawyer

Once your relationship with your lawyer is established, keep the lines of communication open. In addition to brief regular meetings, sit down with your attorney once annually to discuss the past year’s progress and your goals for the coming year. Meet at your place of business so the attorney can get to know your operation.

e-FYI

Need a quick, free expert answer? Go to sba.gov and/or write to answerdesk@sba.gov, or call (800) U-ASK-SBA. The Answer Desk, according to the SBA, is the only national toll-free telephone service providing information to the public on small-business problems and concerns. They’re ready to talk Monday through Friday, from 9 A.M. to 7 P.M. EST.

How can you tell if your attorney is doing a good job for you? The quickest measure is how many legal difficulties you’re having. Lawyers should be fending off legal problems. A good attorney identifies potential problems in advance.

Like any competent professional, a good lawyer also returns phone calls promptly, meets deadlines and follows through on promises. A good lawyer is thorough in asking for information and discerning your goals. And good lawyers either research what they do not know and explain your options, or refer you to someone who can help.

In evaluating the attorney’s work on any matter, consider whether you have been able to meet your goals. If you have met your goals without undue costs, the attorney is probably doing a good job. Once you have found a lawyer who understands your business and does a good job, you have found a valuable asset.

Hiring an Accountant

Don’t assume only big companies need the services of an accountant. Accountants help you keep an eye on major costs as early as the startup stage, a time when you’re probably preoccupied with counting every paper clip and postage stamp. Accountants help you look at the big picture.

Even after the startup stage, many business owners may not have any idea how well they’re doing financially until the end of the year, when they file their tax returns. Meanwhile, they equate their cash flow with profits, which is wrong. Every dollar counts for business owners, so if you don’t know where you stand on a monthly basis, you may not be around at the end of the year.

ALL THE RIGHT QUESTIONS

Here are ten questions to ask when interviewing a potential accountant:

1. Are you a CPA? (Don’t assume every accountant is.)

2. Are you licensed to practice in your state?

3. When and where did you receive a license to practice?

4. Where did you go to school, and what degrees did you earn?

5. Who are some of your clients? (Call them.)

6. In what area do you specialize?

7. How big or small are your clients, and what size were they when you began your relationship with them?

8. How accessible are you? (Some accountants are only available during business hours; others will give you their home or pager number.)

9. To what professional organizations do you belong? How active are you in those groups?

10. What are your fees? (Ask to see some current invoices.)

While do-it-yourself accounting software is plentiful and easy to use, it’s not the sole answer. Just as having Microsoft Word does not make you a writer, having accounting software doesn’t make you an accountant. Software can only do what you tell it to do—and a good accountant’s skills go far beyond crunching numbers.

In fact, perhaps no other business relationship has such potential to pay off. Nowadays, accountants are more than just bean counters. A good accountant can be your company’s financial partner for life—with intimate knowledge of everything from how you’re going to finance your next forklift to how you’re going to finance your daughter’s college education.

While many people think of accountants strictly as tax preparers, in reality, accountants have a wide knowledge base that can be an invaluable asset to a business. A general accounting practice covers four basic areas of expertise:

1. business advisory services

2. accounting and record-keeping

3. tax advice

4. auditing

e-FYI

The American Institute of Certified Public Accountants has a website that provides news updates, information about legislative activities and general consumer information, as well as links to state CPA societies, where you can get CPA referrals. Visit aicpa.org.

These four disciplines often overlap. For instance, if your accountant is helping you prepare the financial statements you need for a loan, and he or she gives you some insights into how certain estimates could be recalculated to get a more favorable review, the accountant is crossing the line from auditing into business advisory services. And perhaps, after preparing your midyear financial statements, he or she might suggest how your performance year-to-date will influence your year-end tax liability. Here’s a closer look at the four areas:

1. Business advisory services. This is where accountants can really earn their keep. Since the accountant is knowledgeable about your business environment, your tax situation and your financial statements, it makes sense to ask him or her to pull all the pieces together and help you come up with a business plan and personal financial plan you can really achieve. Accountants can offer advice on everything from insurance (do you really need business interruption insurance, or would it be cheaper to lease a second site?) to expansion (how will additional capacity affect operating costs?). Accountants can bring a new level of insight to the picture, simply by virtue of their perspective.

2. Accounting and record-keeping. Accounting and record-keeping are perhaps the most basic accounting discipline. However, most business owners keep their own books and records instead of having their accountant do it. The reason is simple: If these records are examined by lenders or the IRS, the business owner is responsible for their accuracy; therefore, it makes more sense for the owner to maintain them.

Where accountants can offer help is in initially setting up bookkeeping and accounting systems and showing the business owner how to use them. A good system allows you to evaluate your profitability at any given point in time and modify prices accordingly. It also lets you track expenses to see if any particular areas are getting out of hand. It lets you establish and track a budget, spot trends in sales and expenses, and reduce accounting fees required to produce financial statements and tax returns.

3. Tax advice. Tax help from accountants comes in two forms: tax compliance and tax planning. Planning refers to reducing your overall tax burden; compliance refers to obeying the tax laws.

4. Auditing. Auditing services are required for many different purposes, most commonly by banks as a condition of a loan. There are many levels of auditing, ranging from simply preparing financial statements from figures that the entrepreneur supplies all the way up to an actual audit, where the accountant or other third party gives assurance that a company’s financial information is accurate.

AHA!

If you’re looking to master accounting for your new business—or simply don’t want to be left in the dark when talking to your accountant—check out Small Business Accounting Simplified by Daniel Sitarz (Nova Publishing). This useful reference book features easy techniques you can use, simple solutions to common problems, and everything you need to gain an overall understanding of the accounting process. It also includes a CD with commonly used forms.

Today, more and more accountants are moving into a fifth area: personal financial planning. For many, this is a natural extension of their familiarity with their clients’ financial affairs.

Choosing an Accountant

The best way to find a good accountant is to get a referral from your attorney, your banker or a business colleague in the same industry. If you need more possibilities, almost every state has a Society of Certified Public Accountants that will make a referral. Don’t underestimate the importance of a CPA (certified public accountant). This title is only awarded to people who have passed a rigorous two-day, nationally standardized test. Most states require CPAs to have at least a college degree or its equivalent, and several states also require post-graduate work.

Accountants usually work for large companies; CPAs, on the other hand, work for a variety of large and small businesses. When dealing with an accountant, you can only hope he or she is well-educated and well-versed in your business’s needs. Passing the CPA exam, however, is a guarantee of a certain level of ability. Once you have come up with some good candidates, a little preparation is in order before you interview them. The first step in setting the stage for a successful search is to take an inventory of what you will need. It is important to determine beforehand just how much of the work your company will do and how much of it will be done by the accountant.

Accounting services can be broken down into three broad categories: recording transactions, assembling them, and generating returns and financial statements. Typically, the latter part—that is, the generation of returns and financial statements—requires the highest level of expertise. But though the other activities require a lower skill level, many firms still charge the same hourly rate for them. Given the level of fees you are prepared to pay, you must decide where your responsibility stops and where the accountant’s begins.

A LITTLE HELP FROM YOUR FRIENDS

Mentors can be valuable sources of information at any stage of your company’s growth. It is always in your best interest to reach out to a variety of sources of information when you make decisions, advises SCORE. An SBA partner, SCORE offers 12,400 volunteer members and 364 chapters throughout the United States.

Mentors can often give you a fresh perspective on problems or challenges because they’re not personally involved with your business like other advisors, including attorneys, accountants and friends. For this reason, it’s important to find not only a mentor who has experience and knowledge, but also someone you can trust and feel at ease with.

Building a relationship takes work on your part, too. Everyone likes recognition, to get a note, to have someone say thank you. You get goosebumps just thinking about it. That’s better than anything for a mentor.

To get matched with a mentor, your first step should be locating your local SCORE chapter. Call (800) 634-0245, or visit score.org. If there’s not a chapter near you, no problem. SCORE also offers free e-mail counseling provided by its 12,400 volunteers.

Other mentoring resources can be found through networking in your community. Join the local chamber of commerce, Rotary Club or Toastmasters. Attend luncheons, seminars, and conferences related to your business and talk to guest speakers. Find out what types of business organizations closely match your company so you can team up with other individuals with similar interests and concerns. Developing these types of personal and business relationships can put you in touch with successful people who may be potential mentors.

Once you have compiled your documentation and given some thought to your expectations, you’re ready to interview your referrals. Five candidates is a good number to start with. For each candidate, plan on two meetings before making your decision. One of these meetings should be at your site; one should be at theirs. Both parties need to know the environment the other works in. During the ensuing interviews, your principal goal is to find out about three things: services, personality and fees.

1. Services. Most accounting firms offer tax and auditing services. But what about bookkeeping? Management consulting? Pension fund accounting? Estate planning? Will the accountant help you design and implement financial information systems? Other services a CPA may offer include analyzing transactions for loans and financing; preparing, auditing, reviewing and compiling financial statements; managing investments; and representing you before tax authorities.

Although smaller accounting firms are generally a better bet for entrepreneurs (see “The Size of It” on page 171), they may not offer all these services. Make sure the firm has what you need. If it can’t offer specialized services, such as estate planning, it may have relationships with other firms to which it can refer you to handle these matters. In addition to services, make sure the firm has experience with small business and with your industry. Someone who is already familiar with the financial issues facing your field of business won’t have to waste time getting up to speed.

2. Personality. Is the accountant’s style compatible with yours? Be sure the people you are meeting with are the same ones who will be handling your business. At many accounting firms, some partners handle sales and new business, then pass the actual account work on to others.

THE SIZE OF IT

Are you dithering over the choice between that large, fancy law or accounting firm with offices in every corner of the globe, or that humble, one-person legal or accounting office down the street? Before you bust your budget to retain Squelch, Withers & Ream, know this: When it comes to professional service firms, bigger isn’t always better.

A big law or accounting firm may boast impressive credentials on your first meeting with them. The problem is that they usually boast an impressive price to match. What’s more, the hotshot you meet with on your initial conference may not be the person who will actually work on your legal cases or taxes. That task is likely to fall to a less experienced junior partner with limited know-how. This isn’t necessarily bad, but make sure you know who will be working on your file and what their experience is. Also be sure you’re billed correctly and don’t get charged $300 an hour for something a paralegal did.

Only you can decide what is right for you, but make sure you’re not being swayed by a big name or a fancy office. While a big law or accounting firm may be right for some small businesses’ needs, the reality is that your company will make up a much smaller share of such a firm’s client list. As such, you may not get the attention they’re devoting to bigger clients. In other words, if Standard Oil has a sudden tax emergency, your file is likely to get put on the back burner. This is one situation where it’s better to be a big fish in a small pond.

When evaluating competency and compatibility, ask candidates how they would handle situations relevant to you. For example: How would you handle a change in corporation status from S to C? How would you handle an IRS office audit seeking verification of automobile expenses? Listen to the answers, and decide if that’s how you would like your affairs to be handled.

Realize, too, that having an accountant who takes a different approach can be a good thing. If you are superconservative, it’s not a bad thing to have an accountant who exposes you to the aggressive side of life. Likewise, if you are aggressive, it’s often helpful to have someone who can show you the conservative approach. Be sure that the accountant won’t pressure you into doing things you aren’t comfortable with. It’s your money, and you need to be able to sleep at night.

3. Fees. Ask about fees upfront. Most accounting firms charge by the hour; fees can range from $100 to $275 per hour. However, there are some accountants who work on a monthly retainer. Figure out what services you are likely to need and which option will be more cost-effective for you.

Get a range of quotes from different accountants. Also try to get an estimate of the total annual charges based on the services you have discussed. Don’t base your decision solely on cost, however; an accountant who charges more by the hour is likely to be more experienced and thus able to work faster than a novice who charges less.

TIP

Find out how well-connected the CPA and his/her firm are before making a final decision. CPAs are often valuable resources for small businesses needing to borrow money or to raise capital from other sources. A well-connected CPA might help you get a foot in the door with a bank or investor.

At the end of the interview, ask for references—particularly from clients in the same industry as you. A good accountant should be happy to provide you with references; call and ask how satisfied they were with the accountant’s services, fees and availability.

Good Relations

After you have made your choice, spell out the terms of the agreement in an “engagement letter” that details the returns and statements to be prepared and the fees to be charged. This ensures you and your accountant have the same expectations and helps prevent misunderstandings and hard feelings.

Make the most of the accounting relationship by doing your part. Don’t hand your accountant a shoebox full of receipts. Write down details of all the checks in your check register—whether they are for utilities, supplies and so on. Likewise, identify sources of income on your bank deposit slips. The better you maintain your records, the less time your accountant has to spend—and the lower your fees will be.

TIP

If you are starting a retail or service business involving a lot of cash, make sure the CPA has expertise in providing input on controlling your cash. As you grow, this becomes an increasingly vital issue, and a good CPA should be able to advise you in this area.

It’s a good idea to meet with your accountant every month. Review financial statements and go over any problems so you know where your money is going. This is where your accountant should go beyond number-crunching to suggest alternative ways of cutting costs and act as a sounding board for any ideas or questions you have.

A good accountant can help your business in ways you never dreamed possible. Spending the time to find the right accountant—and taking advantage of the advice he or she has to offer—is one of the best things you can do to help your business soar.