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4 Cases Where You Will Need Assistance from a Legal Counsel

Reading time: 7 mins

legal counsel is sometimes known as an in-house lawyer. Legal counsel deliver legal advice from within a business. A legal counsel may work as part of an in-house legal team or as a sole lawyer for a business that needs regular and ongoing legal advice.

A general practice lawyer usually deals with different areas of law. Importantly, an in-house legal counsel is a trained and qualified lawyer. However, they tend to work more closely with a business than a private law firm lawyer.

A legal counsel’s client is a company, not a person

If you are a business that is looking to hire legal counsel on an ad hoc or interim basis, engaging with a law firm like Prosper Law is a good idea.

We have our very own lawyer, Farrah Motley, who is able to provide legal counsel services (similar to a secondment arrangement) to businesses across Australia.

We provide businesses with high-quality, experienced legal counsel services.

In this article, we take a look at the following 4 cases where you will need assistance from a legal counsel:

  1. to review contracts
  2. to manage your trademark portfolio
  3. to provide employment law advice for your workforce
  4. to provide legal compliance advice

Your business needs counsel to review contracts

A business contract is a legally enforceable agreement between two or more people (including businesses).

As a prudent business owner, you understand the importance of using specialist legal counsel services to review contracts.

legal counsel can help you with:

  • draft a new contract (including contract templates) for your business
  • examine and conduct a contract review of an agreement
  • ensure that contract terms are explained to you and your team members
  • negotiate contracts in the best interests of your business

Because many contracts must follow precise wording and format standards to be legally binding, a contract review will ensure that your document:

  • is legally enforceable
  • reflects the commercial agreement with the counterparty
Legal Counsel

Your business needs counsel to manage your trademark portfolio

You should apply to register your selected brand name as a trademark once you’ve determined that it’s clear to use. A registered trademark gives you the ability to restrict third parties from using the same or a confusingly similar mark for products or services that are the same or similar to yours in certain circumstances.

This exclusive right over your business’s trademark is a powerful tool to ensure that your business fully owns its brand and cannot be used or exploited by others.

To ensure legal rights are appropriately protected, trademarks must be monitored, updated and maintained. Trademark portfolio management, which includes a trademark audit, title changes, and other services, can be accomplished by using an in-house lawyer.

The trademark has to be registered for a variety of goods and services. Many nations operate on a first-to-file basis, which means that if two companies apply to register the same trademark at the same time, the first application will be accepted and the second would be rejected.

Do you have a portfolio of trademarks that you’ve used and earned throughout time?

Prosper Law can offer legal services to assist you to meet deadlines, filing paperwork, and advising your company on how to best secure your important assets with strong trademark protection.

We assist companies to protect their trademarks and goodwill.

The administration of a client’s trademark portfolio will vary depending on the needs of the client, but it will typically comprise analysing, registering, and enforcing the marks against potential infringement.

Your business needs an in-house lawyer to provide employment law advice for your workforce

For organisations that have a large workforce, legal counsel can provide employers with fast employment legal advice. This in-house legal advice can be used to:

  • prepare new employment agreements or revise existing employment agreements so that they comply with updates to legislation and Modern Awards
  • advise businesses and human resources staff on the best process to follow when looking to terminate a staff member’s employment
  • manage and respond to Fair Work claims, including unfair dismissal claims and general protections advice


Even for small businesses, using legal counsel on a part-time basis can be invaluable. Many of the employment laws that apply to large companies also apply to small businesses.

Employment laws can be difficult for small businesses to manage where they do not have the benefit of full-time human resources staff.

In those circumstances, legal counsel (particularly when hired under a retainer arrangement) can ultimately save businesses money in the long run.

Legal Counsel

Your business needs a legal counsel to provide legal compliance advice

The process through which a corporation complies with the complicated regulations, policies, and procedures that govern business operations in a certain country is known as legal compliance.

Legal compliance is becoming increasingly important for organizations. Non-compliance with the law can have serious ramifications, including financial penalties, reputational damage and third-party legal claims.

Expert legal counsel can assist in reducing these risks and avoiding unwanted consequences.

To monitor, audit and verify legal compliance, you should engage legal counsel services.

Key Takeaways

  • Having a lawyer for your business is crucial for reviewing contracts, managing trademarks, giving employment law advice, and ensuring legal compliance.
  • Legal counsel is important for protecting a company’s interests. It ensures that legal documents are valid and safeguards trademarks. Legal counsel also advises on employment issues and ensures compliance with laws to prevent risks and consequences.
  • Businesses can benefit significantly from the expertise and guidance provided by legal counsel in navigating complex legal issues and ensuring legal protection and compliance.

Frequently Asked Questions

What are small businesses?

Last 9 November 2023, the definition of small business have been expanded. Now, businesses with fewer than 100 employees or an annual turnover of less than $10 million are considered as small business. Employees are counted at the time the contract is agreed, including regular casual employees but excluding employees of related entities.

In other Law Firms, cost ranges from $385 per hour to $765 per hour. However, in Prosper Law, we provide a Fixed-price for our retainer services. These are as follows:

For Part-time legal counsel:

  •   Hourly: **$250 + GST
  •   Weekly: **$2,500 + GST
  •  Monthly: **$10,000 + GST


For Full-time legal counsel:

  •  Hourly: **$250 + GST
  •   Weekly: **$5,000 + GST

Legal counsellors work exclusively for the organization, focusing on its legal concerns. Independent solicitors typically have multiple clients and cannot dedicate all their time to one organization.

About the Author

Farrah Motley
Director of Prosper Law. Farrah founded Prosper online law firm in 2021. She wanted to create a better way of doing legal work and a better experience for customers of legal services.

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About Prosper Law

We provide legal advice to business and individuals across Australia, no matter which State or Territory you are located. Our easy-to-access, online legal services mean that you can talk to our lawyers wherever you are, at a time that suits you.


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