Summary
- As businesses grow, contracts and commercial relationships become more complex, increasing legal and financial risk.
- A commercial lawyer can help draft tailored agreements, manage risk, ensure regulatory compliance, and streamline contracting processes.
- Businesses should seek legal advice at key growth trigger points, such as complex negotiations, cross-border deals, and changes to regulatory obligations.
- This article is a guide explaining the role of commercial lawyers in supporting growing businesses in Australia.
- It is provided by LegalVision’s business lawyers, who specialise in advising clients on commercial contracts and business growth.
Tips for Businesses
Review contracts regularly to ensure they remain fit for purpose as your business grows. Seek legal advice before entering high-value, long-term, or cross-border agreements. Standardise routine contracts, such as terms and conditions, to save time and reduce risk. Check compliance obligations, particularly around data handling and consumer protection, as your operations scale.
As a business grows, it will face new challenges, including more complex legal and commercial risks. Growth often brings more intricate contracts, negotiations, and risks as projects expand or the client base increases. Seeking legal advice from a commercial lawyer can help manage these risks and prevent issues that could hinder progress and cause problems. This article explains how a commercial lawyer can support business growth and when a growing business should seek legal advice.
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What Is a Commercial Lawyer’s Role for a Growing Business?
A commercial lawyer can help support your business with legal issues, which can be important for your daily operations and business relationships.
From a contracts perspective, they can help you put in place robust and effective agreements to help your business with legal compliance and to reduce risk.
Any growing business should strongly consider working with a commercial lawyer who understands their industry and business, so they can add value and give the business more confidence and comfort when trading. They can:
- help to review contracts;
- identify potential risks; and
- explain the application of relevant laws.
This can help enhance business operations and overall confidence.
How Can a Commercial Lawyer Add Value to Your Business?
There are various ways a commercial lawyer can add value.
1. Help You with Strong Commercial Agreements
A commercial lawyer can help you to draft legally sound and tailored contracts that support your business objectives.
These may include various important contracts for a growing business, such as:
- supplier agreements;
- service contracts;
- licensing deals;
- data sharing agreements; and
- collaboration ventures.
2. Managing Commercial Risks
Contracts can often include significant obligations that could give rise to legal risk. For example, indemnity clauses may require one party to compensate another if certain events occur.
A commercial lawyer can help review whether contracts are reasonable and workable for your business. They can also help you to negotiate high-risk terms to prevent risks.
3. Considering Regulatory Compliance
Many business agreements must comply with laws and regulations, such as consumer protection and data protection rules, including the UK General Data Protection Regulation and the Data Protection Act 2018.
Failure to comply with legal requirements may result in regulatory action and various penalties. Legal advice from a commercial lawyer can help you understand which types of laws apply to your contracts and need to be considered when entering into them. They can also guide you on when to take specialist regulatory advice where needed, for example, if you operate in a niche industry such as financial services.
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When Should a Growing Business Work with a Commercial Lawyer?
As businesses expand and their commercial relationships become more complex, the need for legal advice will often become more important. This is particularly the case when contracts involve:
- greater financial value;
- higher levels of risk; or
- long-term commitments.
1. Drafting Bespoke Contracts
Standard contract templates might feel suitable for simple projects or at a start-up stage, but do not typically contain the necessary clauses to accommodate more complex business arrangements.
As your business grows, you may need to negotiate or implement bespoke contractual agreements that are tailored to cover niche issues.
2. Complex Negotiation Scenarios
Some commercial agreements involve significant financial or strategic decisions. These situations may include negotiating:
- major client contracts;
- supplier arrangements; or
- partnership agreements.
Growing businesses may want to expand globally. As such, you might need to enter into contracts with third parties outside of the UK. This can give rise to extra risks and considerations, including questions around:
- governing law;
- jurisdiction; and
- cross-border regulatory compliance.
Legal advice and support with negotiations can help you understand the risks and navigate them with better confidence. A commercial lawyer experienced in your sector can review these agreements and help you get deals over the line whilst still protecting your commercial position.
3. Understanding Legal Rules
Many commercial contracts often need to address legal compliance obligations, particularly where businesses handle personal data or sell goods and services to consumers. Regulatory authorities may investigate a business or impose financial penalties where its contracts fail to comply with legal requirements.
As you scale, these issues can become more relevant and higher risk. For instance, a scale-up business may need to enter into a complex data-sharing agreement to share customer data with a third party in an overseas country. In this scenario, the business must understand and ensure the contract is in line with mandatory data protection law principles.
A commercial lawyer can help you ensure that your agreements meet the relevant legal frameworks.
4. Streamlining Processes During Growth
As your business grows, you will likely handle more business deals at a pace. Without consistent documentation, contracting can become:
- rushed;
- a heavy task; and
- more risky.
A commercial lawyer can help you set up standard contracts such as:
- customer terms and conditions;
- supplier agreements; and
- confidentiality agreements and contract playbooks, which you can roll out regularly to avoid individual negotiation and save time.
Over time, growth can also require changes to your contracts. For example, a growing business often needs to revisit its commercial terms to check they are fit for purpose and effective enough. A commercial lawyer should be consulted to check if agreements are still fit for purpose or need changes as a business grows and its processes change.
How a Commercial Lawyer Can Help Your Business
To obtain the most value, a growing business should seek legal advice that is specific to its operations from a commercial lawyer.
A commercial lawyer can guide you on how they can add value where you require it. This might include:
- a review of particular contracts;
- guidance on risks to be aware of during growth; or
- suggestions on how to streamline contractual processes or approach contract negotiations.
Every business is different and requires tailored advice depending on its activities, which can add high value and help inform key legal decisions during growth.
Key Takeaways
A commercial lawyer can add significant value for a growing business. This support can help reduce the risk of disputes and legal exposure. There are many trigger points where a growing business should consider legal advice, such as when negotiating complex contracts, navigating legal rules and streamlining contractual processes.
LegalVision provides ongoing legal support for businesses through our fixed-fee legal membership. Our experienced contract lawyers help businesses manage contracts, employment law, disputes, intellectual property, and more, with unlimited access to specialist lawyers for a fixed monthly fee. To learn more about LegalVision’s legal membership, call 0808 196 8584 or visit our membership page.
Frequently Asked Questions
Why should a growing business engage a commercial lawyer?
A commercial lawyer can add value by helping manage key risks contractually. They can draft and review important agreements and negotiate important contracts on your behalf.
How can my business know how a commercial lawyer could support it?
You can have a consultation with a commercial lawyer who is a specialist in your business sector. They can guide you on ways they can add value, such as by helping you strengthen your commercial agreements or negotiate contracts on your behalf as you grow.
How does a commercial lawyer help manage legal risk in contracts?
A commercial lawyer identifies high-risk clauses, such as indemnities, and negotiates terms that better protect your position, helping you avoid disputes and unexpected liabilities as your business scales.
Can a commercial lawyer help streamline my contracting process?
Yes, a commercial lawyer can create standard templates and contract playbooks for recurring agreements, allowing you to handle a higher volume of deals efficiently without sacrificing legal protection.
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