1. Expertise Matters
Law is a broad field, and not every attorney is equipped to handle restaurant-specific issues. Just as you wouldn’t hire a plumber to fix a roof leak, you shouldn’t hire a general attorney for specialized restaurant matters. Look for lawyers with:
•    Industry Expertise: Attorneys with experience in the restaurant industry understand its nuances, from liquor licensing and health regulations to tipped wage laws and employment disputes.
•    Specialized Knowledge: Depending on your needs, you may require expertise in areas like labor law, intellectual property, or commercial leasing.
A lawyer familiar with your industry can not only solve immediate problems but also foresee potential issues and provide preventative solutions.
 
2. Evaluate Experience and Track Record
When hiring an attorney, their experience can be a game-changer. Look for:
•    Years in Practice: Attorneys with years of experience are more likely to have encountered and resolved issues similar to yours.
•    Case Studies and References: Review articles, testimonials, or case studies showcasing their success in handling restaurant-specific cases.
•    Reputation in the Industry: Ask fellow restaurateurs or industry associations for recommendations and feedback on prospective attorneys.
 
3. Billing and Fee Structure
Legal services can be expensive, so understanding how attorneys charge is critical:
•    Hourly Rates vs. Flat Fees: While traditional firms may charge by the hour, many boutique and mid-sized firms offer flat or capped fees for specific services. These arrangements provide cost certainty and align the attorney’s incentives with your interests.
•    Alternative Fee Arrangements: Look for attorneys willing to structure fees in a way that reflects an understanding of your financial pressures.
•    Transparency: Ensure billing practices are clear and that no additional fees are hidden in the fine print.
 
4. Responsiveness and Communication
Time is of the essence in the restaurant industry. Whether it’s a pending lawsuit or a pressing compliance issue, delays can be costly. When evaluating an attorney:
•    Ask About Response Times: A good attorney should respond to calls or emails within a set timeframe (e.g., two hours) unless unusual circumstances arise.
•    Client Service Philosophy: Inquire about their approach to communication and whether they offer regular updates on your case.
•    Accessibility: Ensure they are willing to be a true partner, providing guidance when needed and not just when issues arise.
 
5. Breadth of Services
While you might initially need help with a specific issue, a full-service firm with expertise across multiple legal disciplines can offer long-term value. Services to consider include:
•    Employment Law: Guidance on wage and hour laws, tip credit rules, and employee disputes.
•    Real Estate and Leasing: Negotiating favorable lease terms and addressing zoning or permitting issues.
•    Intellectual Property: Protecting your brand through trademarks and copyrights.
•    Regulatory Compliance: Navigating health, safety, and liquor licensing regulations.
If working with a full-service firm, appoint one attorney as your primary contact. This person will act as a quarterback, coordinating resources and ensuring your legal needs are met efficiently.
 
6. Location vs. Expertise
With modern communication technology, location matters less than it used to. A great attorney from a neighboring city or state may be worth considering if they specialize in restaurant law. However, there are benefits to local representation, such as:
•    Familiarity with Local Regulations: A local attorney will understand municipal codes and licensing requirements.
•    Network Connections: Local lawyers often know other specialists, judges, and government officials, which can be advantageous.
 
7. Build a Long-Term Relationship
Establishing a relationship with an attorney before a crisis occurs is essential. A lawyer who knows your business can provide proactive advice, helping you avoid costly mistakes. To build a strong partnership:
•    Invest Time: Allow your attorney to understand your business, culture, and operations.
•    Set Expectations: Clearly define your needs and expectations, including response times and billing practices.
•    Communicate Regularly: Stay in touch with your attorney, even when no immediate issues are at hand.
 
8. Vetting and Recommendations
When considering an attorney, do your homework:
•    Ask for References: Request at least three references, preferably from other restaurants.
•    Dig Deeper: Beyond positive feedback, inquire about areas where the attorney or firm could improve.
•    Assess Their Network: If they don’t specialize in a particular area, can they refer you to someone who does?
 
Final Thoughts
Legal challenges can be stressful and disruptive, but the right attorney can provide peace of mind and allow you to focus on running your restaurant. By prioritizing expertise, experience, and responsiveness, and building a long-term relationship, you’ll have a trusted advisor ready to guide you through any legal challenges. Remember, investing in the right attorney is an investment in the success and longevity of your restaurant.