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By Grace de la Gueronniere
Founding Attorney

Forming a limited liability company (LLC) is a popular choice for entrepreneurs and small business owners in Florida. It offers personal liability protection, flexible management, and favorable tax treatment—without many of the formalities required by corporations. With online services making it easier than ever to file the necessary paperwork, you may be wondering: Do I really need a lawyer to set up an LLC?

The short answer is not always—but working with an attorney can help you avoid common mistakes, reduce future risks, and ensure your LLC is structured properly from day one. If you’re establishing a business in Wellington, West Palm Beach, or anywhere in Florida, read this blog from Gueronniere, P.A., to learn what to consider before deciding how to proceed.

What Does It Take to Set Up an LLC in Florida?

At its core, forming an LLC in Florida involves several key steps:

  • Choose a Name for Your LLC: The name must be distinguishable from other businesses registered in Florida and include “LLC” or “Limited Liability Company.”
  • Designate a Registered Agent: This is the person or entity responsible for receiving legal documents on behalf of your LLC.
  • File Articles of Organization: You’ll need to file this form with the Florida Division of Corporations and pay the applicable fee.
  • Draft an Operating Agreement (optional but recommended): This internal document outlines how the business will be managed, how decisions are made, and how profits and losses are distributed.
  • Obtain an EIN from the IRS: This number is needed for tax purposes and is typically required to open a business bank account.
  • Meet any local licensing or zoning requirements: Depending on your location and industry, you may need additional permits or registrations.

On the surface, this process seems straightforward. So where does legal guidance come into play?

Why Consider Hiring a Lawyer?

While many business owners start their LLCs using online platforms or DIY methods, this approach often overlooks key legal and operational issues. Here are some reasons why hiring a business attorney can benefit you in the long run:

Tailored Legal Advice

Every business is different. An attorney can help determine whether an LLC is the right structure for your goals or whether another entity type—like a corporation or limited partnership—might offer better tax advantages or liability protection.

Custom Operating Agreement

The operating agreement is the backbone of your LLC. While Florida law doesn’t require one, having a thorough, well-drafted agreement can help prevent disputes between members, clarify management roles, and outline procedures for adding or removing members, resolving deadlocks, or dissolving the business. Template documents may not adequately address your specific situation.

Avoiding Mistakes in the Filing Process

Incorrect or incomplete filings can delay your business launch and even put your liability protection at risk. An attorney can ensure your paperwork is accurate, complete, and filed correctly with the state.

Compliance with Local and Industry Requirements

Forming an LLC is only one part of legal compliance. Depending on your business type and location in Florida—including places like Wellington and West Palm Beach—you may need zoning approvals, local business tax receipts, or professional licenses. A lawyer can help you navigate these requirements and avoid costly penalties.

Ongoing Legal Support

Many business owners form an LLC and then discover legal questions arise later—about contracts, hiring employees, protecting intellectual property, or resolving disputes. Working with a lawyer from the outset builds a relationship and ensures someone familiar with your business is there when you need them.

When It Might Be Okay to Go It Alone

If you’re starting a very simple, single-member LLC with no partners, no outside investors, and no unusual legal considerations, and you’re comfortable handling paperwork and researching Florida law, then using online resources or filing directly with the Division of Corporations might be sufficient—especially if you’re working with a tight budget.

However, keep in mind that what you save upfront in legal fees could cost much more later if a dispute arises or a legal oversight puts your liability protection at risk.

Peace of Mind for Florida Business Owners

At Gueronniere Law, P.A., we help entrepreneurs and small business owners throughout Wellington, West Palm Beach, and greater Florida set up LLCs with confidence. We take the time to understand your business model and help you lay a legal foundation that supports your long-term goals.

Setting up an LLC is a big step in your business journey. While it’s possible to do it on your own, hiring a lawyer can provide the peace of mind that your business is built on a solid legal foundation. If you’re serious about protecting your investment and avoiding common pitfalls, it’s worth having a professional in your corner. Contact us today to take the first step toward your new future.

About the Author
Grace de la Gueronniere is the founder of Gueronniere, P.A. Grace graduated cum laude from the University of Miami in 2009 and Vanderbilt University Law School in 2012. Grace has extensive civil litigation experience, regularly provides legal advice on due diligence and corporate transactions, and specializes in equine law.