Why Hiring a Lawyer is Crucial To Your Success

Putting it bluntly, if you’re being sued it’s too late. There are countless times I’ve received a frantic call from someone who is in urgent need of legal advice.  While we endeavour to do everything we can to get these people out of the situation they find themselves, in most instances the horse has already bolted and we need to do the best we can to mitigate as opposed to prevent.

Things a Good Lawyer Should Be Doing For you:

  • Making sure your compliant

  • Copyright and trademark needs

  • Employment law

  • Business structuring and shareholder agreements

  • Liability and risk

  • Privacy and data protection

  • Advertising – such as the SPAM act, social media, use of images

  • Lease negotiations

Just to name a few.

As the saying goes “It’s easy to get to court, but very difficult to get out.” We get it – no one likes to pay legal fees and in fact some of you probably don’t even like dealing with lawyers full stop. But a fee to keep you out of trouble, is a small fraction of what you’ll pay once you’re in it. Once you’ve been served a summons, received a complaint, breached some legislation you didn’t know existed – it’s too late. 

So, what should you look for in a GOOD lawyer: 

1.Big Or Small?

 Bigger the firm, generally, bigger the fees. They have more overheads to cover and fancier offices to pay the upkeep on. However, one advantage of a firm with multiple lawyers is specialisation. In that there is generally a lawyer within the team that has a deep understanding of a specific area of law. This is crucial when it comes to legal matters; as the laws in certain areas can be incredibly complex.  So rather then you bouncing around from law firm to law firm, your matters an all be kept “under one roof” – so to speak. TIP: Look for a firm that has lawyers who specialise in multiple disciplines; but not so big their fees are through the roof. A medium size firm can  offer just enough clout that correspondence sent by them (on your behalf) will carry enough weight to get a response, and be more reasonably priced. If dealing with a larger firm always ask who will be actually working for you – often who is meeting with you, and who is doing the work are two different people. 

2. What Is Their Specialisation?

 Like doctors, lawyer are and should be specialists in their field. There are all types of lawyers out there:

  • Family lawyers

  • Criminal lawyers

  • Patent lawyers

  • Personal injury lawyers

The list goes on…Suffice to say choosing the right speciality is important. A family lawyer for example isn’t going to be much help advising on compliance matters.The lawyer your engaging to act on behalf of your business should have the following skills:

  1. Negotiation: You need a lawyer who has mastered the art of negotiation and can sit on the other side of the table and negotiate on your behalf for your benefit.

  2. Contracts: you need a lawyer who is well versed in reading and quickly understanding complex business contracts and agreements.

  3. Business Structure: you’ll need a lawyer who is experienced in advising on and setting up different types of business structures. As you grow this will become critical to your success.

  4. Leasing: entering into a commercial or office lease will potentially be one of the largest decisions you’ll make. It can lock you in for a 5 to 10 year period – so it’s a decision that needs to be made with lots of consideration. You need a lawyer who knows the ins’ and outs’ of lease negotiation.

  5. IP and Trademark: Your business is worth more than just its physical assets. A good lawyer will help you protect your IP. This can include trademarks, copyrights and patents.

3.Are They Well Connected?

Communicate is key so  a good lawyer will be well-connected.  Your lawyer should be able to diagnose your legal need quickly, trouble shoot any immediate issues and work with you on longer term plans to ensure your set up for success.

Your lawyer should be able to communicate your options to you clearly. They should be well connected to other lawyers who they can engage for more specialised advice, so you don’t need to go find your own lawyer every time something crops up. Check out their Social Media accounts - are they 'active' and do they have lots of connections online?

4.How Do They Communicate With You?

A good lawyer should also be good teacher. They should take the time to educate you and your staff on legal issues impacting your business and take the time to explain it in a way that is understood. The right lawyer will provide information to you that you don’t always have to pay for and considers their relationship with you to be the most important aspect. Not just the dollars.

A good lawyer will charge a fair and reasonable fee for the services they deliver.  They will also be happy to quote a flat fee for standard requirements – such as drafting an employment agreement.  In more complicated matters, your lawyer should be able to provide a solid estimate of costs and keep you up to date on current fees. A good lawyer won’t ever leave you wondering what they are going to charge at the end of the month.

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