Why Don’t Small Breweries Get a Lawyer?

I just responded to an email about breweries and lawyers. Trying to develop a niche practice in serving the craft beer industry is tough and I thought about why that is. I believe craft beer (whether brewing, distributing, or serving) people often don’t consult an attorney because either

  1. “I can handle all this stuff myself. If I ever need to trademark something, then I’ll get a lawyer.” OR
  2. “All lawyers do is make things more complicated and cost money. Why should I pay for them to get in my way.” OR
  3. “I think I need some help here, but I can’t afford one, so I guess I’ll go it alone anyway.”

I’ve been working with the NC Brewers Guild to try and educate brewers and the support industries (who are also largely small or Mom & Pop shops) about how attorneys can actually make things easier and protect you from future issues.

I also spend a good deal of time counseling people on the concept that an attorney – a good attorney – is one that will work with you on your business. Someone that’s interested in seeing your business grow and helping to manage your risks before they become problems. I can only speak for myself, but I want to help you make things less complicated. Make things easier now *and* in the future. I really feel that’s a critical role for a lawyer.

Thinking that you “can handle” all the aspects of your business by yourself is just silly. You may know more about your body than anyone else, but that doesn’t mean that you should perform your own gall bladder surgery. The same applies with brewing equipment, accounting, and legal issues. If you don’t have special training or expertise in the area, get some help.

Also, thinking that you can’t afford an attorney is also not right. If you’re concerned about that, talk about it with your attorney. More than likely, they’ll work with you to come up with a plan that fits your needs and budget. No one wants to see you or your company struggle because of a legal issue or not get help when you need it.

What have been your experiences with this? If you’re a brewer/brewery/bar why don’t you get a lawyer involved?

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