How do I set up and register a law firm
Setting up a law firm is not one decision; it is a sequence, and the steps gate each other. You cannot bind malpractice coverage without an entity, you cannot open an operating account without an EIN, and you cannot legally take a retainer without an IOLTA trust account. Do the steps out of order and you stall. Here is the working order used by solos who actually opened this year, with the law-specific traps a generic “how to form an LLC” article will never mention.
Choose a professional entity, not a plain LLC
Your first decision is the structure, and law is a special case. A regular LLC will not do in most states because law is a licensed profession; you form a Professional Limited Liability Company (PLLC) or a Professional Corporation (PC) instead. The rules that come with it are strict: every member or shareholder must be a licensed attorney in that state, and the entity cannot shield you from your own malpractice, only from the firm’s ordinary business debts and, in most states, from a co-owner’s malpractice.
For a solo, a single-member PLLC is the usual answer: liability separation for business obligations, pass-through taxation, and simple filing. A PC taxed as an S corp starts to make sense once net profit clears roughly $80k to $100k, because it can cut self-employment tax by splitting your take into salary plus distributions. File your articles of organization or incorporation with the secretary of state, then apply for a free EIN on irs.gov, which takes about ten minutes and unlocks every account downstream. The broader strategy of choosing your structure ties into the best way to start a firm.
| Structure | Who it fits | Liability separation | Tax note |
|---|---|---|---|
| Sole proprietor | Almost no one in law | None | Simple but exposes personal assets |
| Single-member PLLC | Most solo attorneys | Business debts, not own malpractice | Pass-through by default |
| PC taxed as S corp | Solos over ~$80k net | Same, plus co-owner malpractice | Splits salary and distributions to cut SE tax |
| Partnership / PLLP | Two or more attorneys | Varies by state | Each partner’s own malpractice stays personal |
Bind malpractice coverage before you open accounts
Professional liability insurance, malpractice coverage, is the real cost of setup and, in a handful of states like Oregon, is mandatory. Even where it is optional, practicing without it is reckless, and many referral sources and courts effectively expect it. Bind a policy before you open your bank accounts, because a claims-made policy’s retroactive date should line up with the day you start taking clients, and gaps in coverage are hard to fix after the fact.
Expect roughly $1,200 to $5,000 a year for a solo, driven by your practice area and limits. Low-risk work like estate planning or business formation sits at the bottom of that range; higher-risk areas like litigation, personal injury, or securities push toward the top, and some specialties (like patent or securities) cost more still. Carriers that write solo policies include The Bar Plan, ALPS, and many state-bar-endorsed programs. Buy claims-made with an eye on tail coverage, because when you eventually close or sell the practice, you will want the option to cover claims filed after you stop working.
Open two accounts: operating and IOLTA
Every law firm runs two bank accounts, and confusing them is how careers end. The operating account holds the firm’s own money, earned fees, and pays your rent, software, and salary. The IOLTA (Interest on Lawyers’ Trust Account) holds money that is not yours, client retainers, settlement funds, and advanced costs, until you have actually earned or spent it. The interest on the pooled trust account flows to a legal-aid foundation, not to you or the client.
Open the IOLTA at a bank on your state bar’s approved list, and connect it to your practice-management software so every deposit and disbursement is tracked against a specific client matter. The cardinal rules: never mix client funds with firm funds, never let any client’s ledger go negative, and reconcile the trust account monthly against both your books and the client sub-ledgers. This is not bookkeeping hygiene; it is the ethics rule regulators watch most closely, because it protects money that belongs to other people.
Register the name, then handle taxes and hiring
With the entity, insurance, and accounts in place, register your trade name. If your firm operates under anything other than the exact PLLC name, file a DBA or assumed-name registration with your county or state, and check your bar’s advertising rules, because some states restrict firm names (no misleading “and Associates” if you are solo, for example). Register for state and local business taxes and any local business license your city requires; law is a service, so sales tax rarely applies, but a local business tax or occupational license often does.
Hiring changes the paperwork again. The day you bring on a paralegal, legal assistant, or associate, you need workers’ compensation in most states, payroll tax registration, and unemployment insurance, plus the discipline to supervise non-lawyer staff so they never cross into unauthorized practice. The timing and cost of that first hire is covered in when and how to hire staff, and the full launch order lives in how to start a firm step by step.
Home office vs leased office at launch
- A home office keeps overhead near zero, often the difference between profitable in month three and month twelve.
- Video consults and e-signature mean many practice areas never need clients to visit at all.
- You can lease a real office later, once revenue is proven, instead of betting rent on an unproven caseload.
Home office vs leased office at launch
- Some clients and matters expect a professional address; a home address on filings can feel less credible.
- Zoning or an HOA may bar client visits to a residence, and confidentiality is harder to guarantee at home.
- A virtual-office or shared-suite address (Regus, a local bar’s shared space) fixes both for $50 to $300 a month without a full lease.
Getting found is the part that decides everything
A perfectly registered firm still needs clients. Two moves are free and worth doing this week: claim and complete your Google Business Profile, and ask your first happy clients for reviews. For a new practice, referrals from CPAs, realtors, and adjacent-area lawyers do the heavy lifting, so tell them exactly what you take. The playbooks are in how to get clients for a law firm and how to advertise a law firm.
Then the high-stakes part. Your website is your intake funnel, and the gap between one that books consultations and one that just looks fine is invisible until you compare the numbers, while attorney advertising rules can turn a careless page into a grievance. That is our work. To have it handled, get a free video walkthrough. For SEO and paid ads run inside the ethics rules, see our services. If you need the business plan first, start at expntl.com.
Frequently asked questions
Do I form a regular LLC or something else?
In most states you cannot use a plain LLC for a law practice; you form a Professional Limited Liability Company (PLLC) or a Professional Corporation (PC), and every owner must be a licensed attorney in that state. The professional entity separates you from the firm’s ordinary business debts but never from your own malpractice. Check your secretary of state and bar for the exact professional-entity requirement before filing.
What is an IOLTA and do I have to have one?
An IOLTA is a pooled trust account where you hold client money, retainers, settlement funds, advanced costs, separately from the firm’s own funds, with the interest going to a legal-aid foundation. Yes, you must have one before accepting client funds; it is a core ethics requirement in every jurisdiction. Open it at a bank on your state bar’s approved list and reconcile it monthly.
How much does it cost to register a law firm?
The government and bar side is modest: roughly $500 to $2,500 covering entity filing, DBA, local business tax, and dues. The larger recurring cost is malpractice insurance at about $1,200 to $5,000 a year depending on your practice area and limits. Office space, if you lease any, is separate and often the biggest line, which is why many solos start from home.
Do I need malpractice insurance to practice?
A few states, such as Oregon, require it, and a growing number require you to disclose whether you carry it. Everywhere else it is technically optional but practically essential, because a single missed deadline can produce a six-figure claim you would otherwise pay yourself. Bind a claims-made policy before you take your first client so your retroactive date covers all your work.
Can I run my firm from home?
In many practice areas, yes, and it keeps overhead low while you prove the caseload. Watch three things: local zoning or HOA rules on client visits, your bar’s advertising rules about the firm name and address, and client confidentiality in a shared living space. A virtual office or shared legal suite gives you a professional address and meeting room for a fraction of a full lease if a home address will not work.