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Your Business, Your Solicitor – Adding Value to your Business with Legal Advice.

Business Law

Last week we took part in Solicitors Chat with the Law Society as part of their ‘Your Business, Your Solicitor’ campaign. Gareth Thompson, Head of Commercial at CJCH sat down to talk about the various ways a commercial lawyer can use their business law expertise to facilitate properly informed decision making for their clients.

What are the benefits of consulting a solicitor for business law advice?

Solicitors can carry out proper due diligence and risk assessment. Consulting a commercial lawyer can add value to a business by promoting legally compliant and ethical business dealings.

What issues do you advise businesses on as a solicitor?

Commercial lawyers can give advice on a wide range of business matters. Everything from commercial acquisitions, employee relations, asset securities, business structuring and raising investment capital.

How do you work with your clients to make sure their needs are met?

The most important job of a commercial lawyer is to understand the business structure, aims and objectives of your client. Communicating constructively with your client and managing their expectations correctly to meet their needs.

Ultimately, a good commercial lawyer will act like a business partner, not just a service provider. Advice should always be relevant, and outcome focused.

As a solicitor, what value do you feel you can bring to a business?

Solicitors can add value to a business by being proactive at managing risk, protecting revenue, maintaining cash flow and maximising profits. Commercial lawyers can provide tailor made solutions to businesses of all sizes – from start-ups, medium size or large organisations.

What are the key things that make a positive solicitor/client relationship?

There needs to be understanding of the client and solicitor’s roles, needs, objectives and goals. It is important to be honest about your intentions, expectations and the ability to deliver. You must be transparent about time, costs priorities and resource management. Ultimately, for a positive relationship there needs to be trust – in expertise best intentions and commitment to outcomes

How can we help?

If you have an inquiry about your business, CJCH’s commercial services span the full spectrum of corporate and commercial requirements. Talk to a qualified member of our commercial team today.

Get in touch via:

Telephone:  0333 231 6405

Email: commercial@cjch.co.uk

Need to recover debt from an individual or sole trader? New protocol in place from October 2017.

By Nerys Thomas – Solicitor (Head of Litigation and Dispute Resolution)

From 1st October 2017 a new Pre-Action Protocol will be introduced which sets out the steps needed to be taken when looking to pursue a debt claim (The Pre-Action Protocol for Debt Claims). 

All businesses (including public bodies and sole traders) seeking to recover a debt from an individual will need to comply with the Protocol.   

The Protocol will not apply to business-to-business debts unless the Potential Defendant/debtor is a sole trader. 

As is the case with all Protocols, the intention is for the procedure to provide a way of filtering through potential claims, possibly facilitating a resolution where possible, or if the matter could not be resolved the parties will hopefully be in a position where the issues have been narrowed and/or a clearer understanding of the issues in dispute will be known.    

It is the intention that the Protocol will complement any regulatory regime to which the Potential Claimant/creditor is subject and should any conflict arise between the regulatory obligation and the Protocol, the former will take precedence.   

The likely impact upon the Potential Claimant/creditor in complying with the Protocol is the cost of preparing the required correspondence and responding to queries, should any be raised. 

Furthermore, the Protocol specifies deadlines, of mostly 30 days, which become relevant at various stages of the procedure, hindering the Potential Claimant/creditor from being able to issue the claim at their own discretion.

From a Potential Defendant/debtor’s perspective, a Letter of Claim requires a Reply Form being completed and possibly, depending upon the response being given in the Reply Form, a Standard Financial Statement which requests a great deal of personal information surrounding the person’s/sole trader’s finances, something a great deal of people/sole traders are likely to be uncomfortable with due to the imbalance this presents between parties.  

As with all Protocols, unless there is a justified reason for not using it, there may be cost consequences for failing to comply with the process.

Should you have any queries in relation to the above or any other dispute matters, please contact Nerys Thomas and the rest of the Commercial Law team on commercial@cjch.co.uk