Choosing the right kind of assistance
Start with the commercial objective: entering a contract, changing ownership, raising finance, resolving a dispute or managing risk. Identify the legal entity and who may give instructions. A company, its directors and its shareholders do not necessarily have the same interests.
Working with a firm in Melbourne CBD
A Melbourne CBD search can be useful for comparing teams with different specialisations. Ask who will do the work and who will supervise it, especially when a firm has several practice departments.
For business & commercial, ask which parts of the work the firm handles itself and whether it has relevant VIC experience. Let the lawyer know if a property, employer, other party or existing proceeding is outside Melbourne CBD. Your home address alone does not determine the applicable process.
How the engagement may progress
- 01
Explain the transaction, amount involved, parties and desired result. Provide the current agreement and relevant entity or trust details.
- 02
Ask which risks need legal, accounting, tax or technical advice. Identify essential terms and those you are willing to negotiate.
- 03
Agree who negotiates, approves documents and tracks continuing obligations. Clarify whether post-completion advice is included.
Fees and the scope of work
Request a defined scope or staged budget with assumptions about document review and negotiation rounds. Personal guarantees, tax and related disputes may need separate work.
Ask for a written scope identifying the work you are authorising, the person responsible and when costs will be reviewed. If you only want advice on one step, say so before the firm begins wider work.
Dates to raise at first contact
Highlight signing dates, finance conditions and demands. Raise an inability to meet debts immediately so appropriate advice can be identified before further commitments.
Questions to ask a business & commercial adviser
- Who is your client: the business or me personally?
- What specialist input is required?
- Which risks and exclusions should I understand before approving the document?
