The law is at the heart of how societies and businesses work. A good lawyer is an artery to that heart!
Every business will, from time to time, need a lawyer. Whether it’s to buy or take on premises, to draw up employment contracts, to defend an employment law claim made against it by an employee, or to buy or sell a business, legal advice will be essential.
Retail specialists
Most law firms today offer a range of services to cater for various legal needs. Consequently, it’s not surprising that many tend to specialise in areas such as employment, commercial issues, property, IT, private clients and so on rather than on a sector or industry basis.
However, that’s not to say that there aren’t law firms that specialise in retail; those that do can assist with, for example, landlord and tenant matters, e-commerce issues and brand management.
Broadly, there are three types of lawyers: Solicitors are most likely to be spoken to first. They can provide expert legal advice and support. They deal with the paperwork and communication of your case or legal issue. They can also negotiate with the other side if you are having a dispute. If the case ends up in court, your solicitor will find a barrister to work on your case. Barristers are generally hired by your solicitor on your behalf to work on your case. They tend to become involved in a case when it goes to court or to advise on a very specific area of law. They represent you before the judge by presenting arguments to support your case. Legal executives are similar to a solicitor, but they are only qualified to practice certain areas of law, such as employment or conveyancing law. While legal executives are often very experienced, they’re more likely to handle relatively straightforward legal issues and may direct you to a solicitor if your case is more complex.
Finding a good one
There are several possible routes to follow when searching for a lawyer.
First off, nothing will ever beat a personal recommendation. Either through friends, family, friendly rivals or via networking, a personal recommendation is a great way to find a reliable lawyer. Beyond that, other advisors, such as an accountant or financial advisor may have suitable contacts within the legal profession.
Alternatively, you can consult one of the two widely recognised ‘professional bibles’ – The Legal 500 (legal500.com) and Chambers and Partners Directory (chambers.com). Both provide reviews of lawyers with listings of firms by region, their specialities, and the firm’s own editorial about themselves. They also include a breakdown of the lawyers’ experience, fees, and the names and addresses of the partners. There’s also the Law Society’s Find a Solicitor database at solicitors lawsociety.org.uk that details some 200,000 legal professionals and their firms, along with their established expertise in specific areas.
The era of generalists is over, and today, every field demands expertise. Therefore, it makes sense to enquire about a prospective lawyer’s experience in the area of law where help is needed; evidence of this should be sought. Check to see if the lawyer is known as an expert – ask how often they have handled issues that are relevant to the advice being sought?
While the web has made it easy for businesses and organisations to publicise themselves, it should be remembered that glossy brochures and city centre postcodes invariably translate into cost that has to be recovered through fees. In other words, to save on fees consider looking to out of town legal practices or even those that work remotely.
Next, all stakeholders should meet. At this meeting, you may need to prove your identity, so have proof on hand. Consider the questions you wish to pose and make notes of what is said. Ask if this first meeting is chargeable.
During this first meeting it’s essential to discuss fees and the expectations of either side. If fees aren’t mentioned by the lawyer, they should be brought up by you. At this point budget should be outlined along with options to keep costs in check along with the hourly rates of the lawyer or lawyers involved with the work. Similarly, invoicing options should be discussed and agreed.
It’s worth noting that the Solicitors Regulation Authority professional standards require solicitors to be price transparent with information that: “must be presented in a clear and easy to understand format.” This means that the basis of charging must be explained, and if VAT is included. If disbursements are separately chargeable it needs to be highlighted. The aim is to avoid nasty surprises.
At the same time as agreeing fees, the lawyer should be provided with all the relevant information they need to understand the business and any potential issues.
It’s important to agree the contact information. Ask if there will be a single point of contact or if the relationship will revolve around a team of individuals. Best practice normally means a partner to manage the relationship with others brought in when appropriate.
Next, assuming all are happy to proceed, it’s crucial to clearly outline each party’s obligations and responsibilities. A letter of engagement from the lawyer will help and it should cover the expectations of all, the main contact for each party, budget limits, and the complaints procedure. The Law Society requires the complaints procedure to be mentioned before the working relationship commences, as per Practice Rule 15.
Once the relationship is up and running, all of your staff members should be reminded that documents – email – are of utmost importance when it comes to the law. They should be reminded that they need to diligently file all relevant documents (letters, email, minutes of meetings and so on) properly. And when copying contracts, they must remember to copy the reverse side as terms are often printed there.
Of course, the points above apply, albeit to a lesser extent, if the lawyer is only needed for a one-off task.
Summary
Choosing a lawyer for a business is very much a personal choice combined with consideration for service and costs. There are many lawyers out there offering their services and a little time spent checking the market will be well worth the effort.