16/07/2012

One of the joys (?) of being a business proprietor is those occasional dealings you have with your lawyer. Whether it is to have a lease for your premises reviewed, a supply, distribution or employment agreement drafted, advice on the sale of your business or company or even for assistance with a minor work accident or traffic breach by an employee in the course of their employment, lawyers can have a major and positive impact on your business.

To help you deal effectively with your lawyer, here are three simple rules.

1. Give clear instructions

You are the client and will generally (but not always) know what it is you want. Tell your lawyer in the clearest possible language what you want to achieve, when it is to be achieved and what matters are important to you. You can do this by phone, in a meeting or in writing (nowadays generally by email). Phone messages can be quick but, unless covered in file notes (see point 3 below), can lead to misunderstandings. A meeting may be useful, especially if it is a complicated matter but meetings can drag on and be expensive, particularly if you haven’t fully thought out what it is you want and you start thinking in the lawyer’s office.

In the writer’s experience, it is invariably better to put your thoughts into a letter or email and send that to your lawyer. Your lawyer can then come back to you with questions that should help you to better understand some of the issues that need to be dealt with in your instructions.  These can then be discussed on the phone or in a meeting or by further emails, as appropriate. This makes you think about what you want and put it into words and saves time and therefore money! If there are no questions, because you have given the lawyer a full description of what you want, s/he can get on with it.  

2. Have a clear idea about likely costs

NSW and most other States and Territories, lawyers will require you to sign a costs agreement. This should eliminate arguments about costs but of course it won’t because legal costs are difficult to estimate before the matter ends.  But, a written costs agreement can be studied by you before you agree so can raise issues before the work is done. If you do this and resolve any queries you have, chances are you will not get a shock when you get your invoice.

3. Do file notes of conversations

Last but certainly not least, take file notes when you have a meeting or phone conversation about the transaction. Lawyers are trained to take notes at meetings and on the phone. If they don’t do it at that time, they do it soon after. This helps to run the matter and is evidence later of what they were asked to do, what they were told and the like.

You should do the same. Get into the habit of keeping notes, in whatever format you are comfortable with, so that later you have a record of your dealings that you can show to your lawyer to give instructions or prove your points.  Emails are especially useful. They can be used to confirm conversations, ask further questions, raise new matters and so on.

If you remember these three simple rules and carry them through, your business life should be much easier. Believe it or not, your lawyer will enjoy dealing with you, because s/he will have clear communications and minimum doubt about what you want!

If you have any questions on this topic or any other legal question affecting businesses, please contact TOWNSENDS BUSINESS & CORPORATE LAWYERS on (02) 8296 6222 or send an email to info@townsendslaw.com.au.