As a small business owner who is working to get established, you will come across many legal issues that you may not know how to handle. Regardless of the nature of your industry or sector, there are times when you will need the help of a business lawyer to guide you through the legal red tape. Some of the common issues that may arise:
- Deciding on the name for your business, and ensuring that no other business has registered your name
- Registering your business with the Australian Business Register
- Deciding on the branding of your business and if it infringes on other business’ intellectual property
- Entering into leases if and when you are ready to move into new premises
- Drawing up or entering into contracts relating to the sale or purchase of your goods
- Writing up employment contracts when you are ready to hire your team
- Seeking legal advice on the relevant laws that affect your business
To have a successful business, hiring a lawyer isn’t just a smart idea – it’s crucial. Here are five questions to consider when evaluating a lawyer.
1. Does the lawyer have experience in my industry?
- Different types of business structures
- Various types of contracts
- Employment contracts
- Franchise agreements
2. What qualities should I look for in a lawyer?
In any relationship, you need trust, loyalty, and dependability. Your relationship with your lawyer shouldn’t be any different. It’s important that you are both on the same level – will they speak to you in a way that you understand? Are they honest and honourable? The right lawyer for you will:
- Respond to your queries within a reasonable time (for example 24-48 hours)
- Have the patience to listen to your problems and concerns
- Initiate a meeting for you to speak to a professional who can answer any questions that may be beyond the lawyer’s competence
3. Am I confident that the lawyer has my best interests?
You don’t have to like your lawyer. However, you must have the confidence that the lawyer has your best interests at heart, and will give appropriate advice, even if it may be distressing to you or displeasing to hear.
4. Is the lawyer invested in my business as much as I am?
- Information about the type of business structure that you are entering into
- Lease arrangements
- Franchise agreements (if relevant)
- Negotiations with staff
5. Can my lawyer help me with a Plan B?
You must have a Plan B in case something goes wrong with the business. Your lawyer will need to be aware of, and help you plan for, a situation where you will need to put Plan B into action.
You must be able to recognise and then extricate yourself from the problems at a minimal financial cost, with the help of your lawyer.
Where can I find an agent that ticks all the boxes?
Right here, at Rose Lawyers. We have over 35 of experience in providing excellent business law solutions to small businesses in Melbourne.
The law is complicated – but choosing which team you want to support your decisions, is not. We’ll put your mind at ease instantly and help you navigate your way through the processes and legalities around setting up your new business. We’ll speak your language so you’ll comfortably understand the advice we are providing you.
Contact us on [phone] for more information about how our lawyers can help you start off on the right foot.
A Solicitor and Barrister with diverse experience in many areas of law including Taxation, Commercial and Family Law. Highly regarded by clients for his attention...
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