If you’re running a company or you are a part of a thriving business entity, then you will probably need a lawyer at some point. Business lawyers have some very specific skills and specialized knowledge. If you retain one, then they can often help you in many ways.
In this article, we’ll talk about some things a business lawyer can do for you. We will also cover a few that they can’t.
They Can Consult with You and Advise You on Business-Related Matters
If you get a business lawyer and establish a working relationship with them, then they can advise you any time you need guidance about a business-related matter. You can feel secure when you talk to them in this way. Many times, attorney-client privilege will apply when you have these conversations.
Understanding the nuances of attorney-client privilege sometimes requires a little research. You should know that certain conversations you have with your attorney will not have that label. For instance, if you consult with your lawyer with others present, that’s not a privileged conversation. It’s also not privileged if you suggest or imply that you’ll do anything illegal.
In general, your business lawyer will know about the particular niche or industry in which you operate. When you hire them, you’re getting that expertise. Sometimes, if you’re facing a difficult business-related decision, talking with your lawyer will help to clarify matters. The path forward for you will then become obvious.
They Can Write Up Contracts for You
Your business lawyer can also draw up contracts for you. They will know all about the language that goes into these contracts. They will know how to word them so they’re legal and acceptable according to the latest standards and practices that exist within your particular industry.
They can also modify existing contracts if there’s something about one that you don’t like. Your business lawyer should always have your best interests in mind. Accordingly, they can suggest changes to a contract before you offer it to a person or entity with which you’re collaborating if it makes sense to do so.
They Can Peruse Contracts That Others Offer You Before You Sign Them
Along those same lines, your business attorney can look over any contracts that another person or company offers you before you sign them. Many times, if you’re running a company that wants to expand or you’re getting ready to launch a new line of products, you will have many contracts you must sign.
You may have them with not just your employees, but also suppliers, providers of software, shipping companies that will move your physical products, etc. You may not have the time or the expertise to know whether one of these contracts looks good or not. You might miss a vital clause that would put you at a disadvantage or one that would result in you not getting a fair deal.
Since business lawyers know what looks like standard contract boilerplate and what doesn’t, they will usually notice anything that seems out of order or that doesn’t appear to be standard. They can either point it out to you or talk to the person or entity with which you’re collaborating.
Without a business lawyer, you might sign a contract without looking over or completely understanding all of the details. That could put you in a potentially disastrous situation if you sign a contract featuring a clause that really hurts your business in some way.
They Can’t Usually Advise You on Non-Business Matters
A business lawyer can’t do everything for you, though. If you have a question that’s not business-related, it’s not too likely that your business attorney can answer it. It’s true that some individuals end up forming more personal relationships with their lawyers. Some people in the business arena even become friends with their lawyer if they retain them for long enough.
That doesn’t mean you should look to your attorney for advice about everything, though. For instance, they probably can’t tell you what to do if you’re having relationship troubles. Usually, it’s best if you keep your relationship with your business lawyer professional. By doing so, you’ll keep things transactional, with no personal feelings entering the picture.
They Can’t Protect You if You Do Something Illegal
Your business lawyer is not a criminal appeals lawyer, so they can’t do much to protect you if you propose or do something illegal. Most individuals in the business world understand this. They’d never put their attorney in a position where they’re on questionable legal grounds. Still, it’s best you understand this explicitly before you and a lawyer form a business relationship.
A lawyer can’t tell any lies for you or on your business’s behalf. In other words, the lawyer cannot misrepresent the quality or nature of your company or how it conducts itself during contract negotiations or similar dealings. If they did anything like that, they could potentially lose their license and face criminal charges. Obviously, most lawyers won’t willingly do that, especially if they enjoy their job and feel passionate about it.
On a related topic, your business lawyer can’t use an affirmative defense in the case of a wrongful dismissal lawsuit on your company’s behalf if they know that the facts don’t back up that defense. They must tell the truth in court or in any other legal proceeding having to do with your company or how it operates.
Now, you have some idea of what your business lawyer can and can’t do. If you get one, you should probably state from your relationship’s onset what you need most from an individual in their position. You can ask them if they have the specialized skills and knowledge for which you are looking.
If they do, and you can agree on a reasonable price, they can become a part of your business enterprise. If things work out between you, then you might have an ongoing relationship that lasts for months, years, or even decades in some instances.
