Do I need a lawyer to start an LLC?
Small business · 3 minute read
In most states you can file the paperwork for an LLC yourself. Whether you should talk to an attorney depends less on the filing and more on what happens after it.
The short answer
No state requires you to hire a lawyer to form an LLC. Every state has an online filing process, a form, and a filing fee, and many people complete it themselves in an afternoon.
That is why the question people are really asking is usually different: not "can I file this myself", but "what am I likely to miss if I do".
What filing actually covers
Filing creates the company as a legal entity in that state. It does not decide how you and a partner split ownership, what happens if one of you leaves, how you will be taxed, what your contracts with customers say, or whether you are using the business name correctly.
Those are the areas where business owners most often wish they had asked someone first. The form is the easy part. The agreements around it are where money and friendship get lost.
When people tend to want a professional involved
Common situations: there is more than one owner, money is coming from someone outside the business, you are signing a lease or a long customer contract, you are hiring, or you are taking on work that carries real risk if something goes wrong.
None of that means you must hire an attorney. It means a short conversation is usually cheaper than a fix later. A half-hour call before you sign a five-year lease is a different expense from unwinding one.
What it costs to do it yourself
State filing fees vary widely — from under fifty dollars in some states to several hundred in others — and most states also charge an annual report or franchise fee to keep the company in good standing. Check your own Secretary of State website for the current figures rather than trusting a third-party page.
Registered agent services, if you do not want your home address on the public record, are usually an additional yearly cost. None of that is legal advice; it is administration.
The cost problem
The reason many owners skip the conversation is not that they think it is unnecessary. It is that they do not know what it will cost, and hourly billing makes it hard to ask a small question.
Membership-style legal plans exist for exactly that reason — a fixed monthly cost so asking a question is not a financial decision each time. Flat fees for defined projects do the same job in a different shape.
A reasonable order of operations
Decide who owns what and write it down. File with the state. Get an EIN from the IRS, which is free and takes minutes. Open a separate business bank account so your personal and business money never mix. Then put your customer agreement in writing before you take the first job.
If any of those steps makes you pause, that pause is the signal to ask someone. It is rarely the filing itself.
Quick questions
- Can I form an LLC without an attorney?
- Yes. Every state allows you to file the formation paperwork yourself through its Secretary of State website. An attorney is optional, not required.
- What does an LLC not protect me from?
- An LLC does not protect you from your own personal acts, from debts you personally guarantee, or from claims where you did not keep business and personal finances separate.
Free self-assessment
Take the free Business Legal Risk check
Eight quick questions about how your business is set up. You get a directional score and the areas worth a closer look. Free, about a minute, no legal advice.
Related answers
For LegalShield associates
See every answer, grouped by topic →
This page is general education, not legal advice, and reading it does not create an attorney-client relationship. Laws differ by state and every situation is different. For advice about your own situation, speak with a licensed attorney.
NexPhase is an independent platform and is not affiliated with, endorsed by, or sponsored by LegalShield or Pre-Paid Legal Services, Inc. LegalShield is a registered trademark of PPLSI.