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Choosing the right lawyer is vital – sound legal advice protects your business and prevents costly issues, says Adam Bernstein

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 them by an employee, or to buy or sell a business.

Most law firms today offer a range of services to cater for various legal needs. However, that’s not to say that there aren’t law firms that specialise in retail or medical; those that do can assist with, for example, landlord and tenant matters, e-commerce issues, brand management and medical negligence.

Broadly, there are three types of lawyer.

Solicitors provide expert legal advice and support. They deal with the paperwork and communication of a 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.

The scene set, there are several routes to follow when searching for a lawyer.

In search of expertise

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 and Chambers and Partners Directory. There’s also the Law Society’s Find a Solicitor database at solicitors.lawsociety.org.uk that details some 200,000 legal professionals.

Today, every field demands expertise. Therefore, it makes sense to enquire about a prospective lawyer’s experience in the area of law that help is needed with; evidence of this should be sought. 

While the web has made it easy for businesses and organisations to publicise themselves, it should be remembered that city centre postcodes invariably translate into cost that has to be recovered through fees. 

To save here consider looking to out-of-town legal practices or those that work remotely.

Next, all stakeholders should meet. At this meeting you may need to prove your identity so have proofs 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 a budget should be outlined along with options to keep costs in check. 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, detail if VAT is included and highlight if disbursements are separately chargeable.

At the same time as agreeing fees, the lawyer should be provided with all the relevant information they need to understand your business.

It’s important to have the contact information of the preferred candidate. Ask if there will be a single point of contact or if the relationship will revolve around a team of individuals.

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. It should be noted that the Law Society requires the complaints procedure to be mentioned before the working relationship commences.

Once the relationship is up and running, all staff members should be reminded that documents – including emails - are of utmost importance when it comes to the law. They should be reminded that they need to diligently file all relevant documents properly. And when copying contracts, they must remember to copy the reverse side as terms are often printed there.

Choosing a lawyer for a business is very much a personal choice. There
are many lawyers out there offering their services and a little time spent checking the market could be well worth the effort.