Starting and running a small business can be an exciting and rewarding experience, but it also comes with its fair share of challenges and legal complexities. For entrepreneurs and small business owners, having a small business lawyer on their side can make a big difference.
In this article, Micaela Diaz, a small business lawyer and Solicitor at Prosper Law, explains what a small business lawyer is and how they can provide invaluable assistance to entrepreneurs and small business owners.
What is a small business lawyer?
A small business lawyer provides legal advice and assistance to small businesses. They help entrepreneurs and small business owners navigate legal complexities, achieve their goals, and comply with Australian law.
Small business lawyers work closely with clients to understand their business needs and goals and provide tailored legal advice and solutions for their unique situations. They help to minimise legal risks so that business owners can focus on running and growing their business.
Why should small businesses hire a lawyer?
Here are some reasons how a small business lawyer can help your business:
Follow the law properly
The legal landscape is complex and constantly changing. Small business owners do not always have the time or expertise to keep up with all the legal requirements and regulations that apply to your business.
Failure to comply with these legal requirements can have serious consequences. In fact, some legal violations may expose you to personal liability, potentially putting your personal assets at risk.
A small business lawyer can help you understand your legal obligations and follow the law properly. For example, they can advise you on how to classify employees and contractors to avoid misclassification problems that can lead to significant legal liability.
They can help protect your personal assets by ensuring that your business is set up in a way that protects your personal assets from business liabilities. For example, a lawyer can advise you on choosing the right business structure, such as forming a corporation or LLC, which can help limit personal liability in case of a lawsuit or other legal action.
Draft legal documents
Drafting legal documents can be challenging for small business owners, especially if you have no legal training or experience. You may not be familiar with the legal terminology or procedures involved in drafting legal documents. You may have difficulty understanding the legal implications of the language used in contracts, agreements or policies, leading to confusion or uncertainty about their rights and obligations.
A small business lawyer can provide valuable legal services in drafting and reviewing various legal documents. These may include letters of intent, contracts, trademarks and agreements with buyers and sellers. They can ensure that these documents are properly drafted and contain all the necessary legal provisions to protect the interests of the business.
Small business lawyers can review contracts and agreements with your vendors and customers. For example, if you are considering selling your products to a larger company, they can help review the proposed contract to make sure it is fair and favourable. Additionally, a lawyer can help you negotiate the contract’s terms to protect your interests.
Settle disputes and prevent future litigations
Litigation can be difficult and stressful for small businesses. They can arise from various situations, such as disputes between employees, contract disputes and regulatory violations. Such litigation can be time-consuming and costly and significantly affect a company’s business and reputation.
A small business lawyer can help you resolve disputes and avoid future litigation in several ways.
First, they can review the case and assess how strong the other party’s claims are. This can help you understand their legal position and potential liability.
Second, a small business lawyer can help you develop a legal strategy to defend yourself against the claims made by the other party. This can include drafting legal responses, filing motions, and negotiating with the other party’s legal team. They can also represent you in court proceedings and advocate for your rights and interests.
Finally, a lawyer can help you understand your legal obligations and responsibilities during litigation. This may include explaining how to preserve evidence, comply with discovery requests, and avoid making statements that could be used against you in court.
Set up proper sexual harassment prevention training
Sexual harassment is a serious issue that can result in costly lawsuits and damage to a business’s reputation. Therefore, it is essential for small businesses to take steps to prevent sexual harassment in the workplace.
A small business lawyer can help develop a comprehensive sexual harassment prevention training program that is tailored to the specific needs of the small business. The training program can include information on what constitutes sexual harassment, how to report incidents of sexual harassment, and how to handle complaints of sexual harassment.
In addition, a small business lawyer can help establish policies and procedures that demonstrate the small business’s commitment to preventing sexual harassment. This can include developing clear guidelines for reporting incidents of sexual harassment, establishing a process for investigating complaints, and outlining the consequences for engaging in sexual harassment.
Set up labour rules in advance to avoid discrimination
Discrimination can take many forms, including race, gender, age, religion, and disability. If there is discriminatory behaviour in your business, you can face legal and financial consequences.
A small business lawyer can provide valuable assistance in establishing employment policies to prevent employee discrimination. They can help you create policies and procedures that promote a diverse and inclusive workplace. This can include establishing clear guidelines for hiring, promotions, and disciplinary actions free of discriminatory practices.
A small business lawyer can also provide advice on how to deal with situations where discrimination has occurred. This may include investigating complaints, responding appropriately to incidents of discrimination, and taking remedial action when necessary.
They can also help create a culture of diversity and inclusion by training employees and managers on how to recognise and prevent discrimination in the workplace. This can ensure that all employees know their rights and responsibilities and that the small business is committed to creating a safe and respectful workplace.
How Prosper Law Can Help?
Prosper Law is Australia’s online law firm. We provide legal advice to businesses and individuals across Australia. Our areas of legal practice include contracts, eCommerce, publishing, legal counsel and employment law.
If you need to talk to a small business lawyer, get in touch today.
Contact the team at Prosper Law today to discuss how we can provide you with advice for a fixed fee or at affordable hourly rates.
Micaela Diaz | Solicitor
M: 1300 003 077