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Using Professional Assistance - Using a Solicitor
 

SOLICITORS

How Can They Help?

A solicitor can be involved for a number of reasons and may be determined by those factors that include the legal system. It is important that to obtain maximum benefit, you seek a solicitor that has expertise on the business side of law.

 

(i) Advice on Business Law

Depending on the form that your business takes (sole-trader, limited, and partnership), a solicitor can advise you on the related legal issues involved. If you have employees, they can be used to guide you through any legal disputes that have arisen or to generally outline conditions that are connected with employment. Further, advice and action can be given to help collect money from bad debtors to your business.

 

(ii) Assistance for Buying/Selling a Business

When buying a business, you should use a solicitor to investigate into any legal issues that may be connected. Likewise, if you are selling your business, then a solicitor is helpful to advising on the legal conditions that are involved.

(iii) Protection


This will include advice and action on the protection of:

(iv) Contracts


They can be used for settling contracts with employees, suppliers, customers and partners in the business. It will further involve determining the terms and conditions for the leasing of any equipment and also the purchase of franchises.

(v) Defence

If anyone is taking legal action against you, then you will need a solicitor to help defend your case.

 

Going Through It Alone

The law is very complex and a high understanding is required in most cases where it is involved. Not using a solicitor may be financially beneficial, but the outcome of the case will usually be determined by one of the most important factors: the amount of knowledge and skill held by that person. This person could be yourself or anyone that you have chosen to stand in for the task.

It may be that you have an understanding of some issues, for example contracts, and therefore decide that it isn't necessary to use a solicitor. There is no problem in using this approach but seriously consider using a solicitor when you are up against someone who is an expert in the case or if they involve a solicitor themselves.

Looking For a Solicitor

As with an accountant, the best recommendations will come from your business contacts that may have used solicitors or have heard about them through word-of-mouth. A list of solicitors in your area can be produced from referring to phone directories such as the Yellow Pages. Look at local newspapers to find descriptions and contact details of solicitors that may be advertising their service.

Solicitors specialize in different areas so be sure that those that you look for deal with the business side of the law. Some firms offer advice and assistance in all areas of the law which may involve a number of solicitors who deal with different issues. If you come across this, be sure that you contact the person you require directly when discussing your case which will be covered in the next section.

Choosing a Solicitor

The approach for choosing a solicitor will very much be the same as it would for the accountant. Remember to short list say, three or four, so that you can compare between them to select the most appropriate solicitor for your issue. After picking out a number of firms, you should phone them to confirm that they cover the area of work where you need the assistance.

If the firm is interested in helping you, then you need to meet the solicitors so that your issues can be made more clear and also for you to get to know more about them before making a final decision. Before you meet them, you should prepare all the information involved as the solicitor will be asking you questions. It is therefore important that you answer them with as much accuracy and detail as possible.

For you to feel more confident that the solicitor is capable of doing the job to a good standard, you should ask about previous experience that is similar to your issue. Determine the type and size of businesses that they have worked with and whether these are similar to your business: this too will reflect how appropriate they may be for the job. Ask for references from the solicitor or get them yourself by contacting those businesses. You may also want to follow up on their level of qualification and if they are registered to any Government institutions.

Don't always settle for the cheapest solicitor: depending how much you value your issue, you may want to go for someone who offers their service a little more pricey than the others. Although not always the case, you usually pay for what you get.

By developing a good relationship with the solicitor, you will benefit further: the key to a successful outcome is through good communication and understanding. Finally, like the point we made with the accountant: don't instantly go with the first firm you come across. Look around and compare between them and if you're not happy- again, keep looking.

The Costs of a Solicitor

Solicitors are usually very reasonable when it comes to costs but you should still ask for an estimate of the likely fees when you meet them for the first time. Those who cannot provide an estimate should be looked at with caution as they may hit you with a large figure at the end of their service.

Solicitors can work on both an hourly basis or on a fixed fee for the duration. Those who work on an hourly basis can soon add up especially if your issue is taking longer than planned. Some solicitors work to a conditional 'no win, no fee' basis if it requires a court case, but these are usually only given if personal injury, human rights or insolvency is involved. Although this basis may sound good, it doesn't always mean that you won't pay a penny: if you lose, you can end up paying the other party's expenses.

Before you pay anything, find out if you are legible for a 'legal aid' or you may even be covered by insurance to pay any fees.

Those solicitors who don't offer reasonable fees can be violating the law. It has been made a law requirement for them to be as fair as possible when issuing fees. If you are unsure that the figure you are being given is reasonable, you can ask the solicitor to obtain a certificate from the Law Society stating that their fee is fair.

Article Index

1. Using Professional Services - Accountants

2. Using a Solicitor or Going it Alone

3. Business Consultants, Banks, Brokers and Designers




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