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If you treat Commercial Law assistance as a distress purchase, you’re doing it wrong

If you treat Commercial Law assistance as a distress purchase, you’re doing it wrong

We all fear the unknown. This is especially true when engaging unexpected legal services where the process can be unfamiliar and costs can be excessive, unplanned and sometimes unachievable. No-one wants to pay to deal with property issues, family disputes or defences to combat unwarranted litigation – it’s just something that needs to be dealt with.

However, Commercial Law should not be viewed in this way. Commercial agreements are the lifeblood of businesses – without having a written contract, you risk the relationship / deal / transaction falling apart without any consideration of the legal repercussions. Uncertainty can create a dispute time bomb.

Contracts are therefore an integral part of securing stability for your business and presenting yourself as a professional operation to potential clients. Engaging a solicitor to assist you with these elements should be seen as a positive purchase which helps drive your business forward.

Tailored T&Cs

Firstly, having your own contract templates or bespoke T&Cs means that you can tailor the terms in your favour. You have an opportunity to set out your expectations in relation to how you will deal with clients and third parties. By having a clear and structured set of terms that are unique to your goods or services it reduces the risk of the other side seeking to impose their own (probably more onerous) terms.

Whilst it can be tempting to copy T&Cs from online sources, if you’re serious about your business then this probably won’t cut the mustard. We have seen a number of instances where UK clients have terms governed by a completely different body of law and are subject to the exclusive jurisdiction of a foreign country. No-one wants to be travelling to another country to bring legal proceedings under their own terms! This is just one example where contracts can go wrong, but ideally you want to have an experienced lawyer who can assess the risks under the contract and propose innovative, commercially focussed solutions.

T&Cs can even be tailored to reflect your marketing messages. They don’t just have to be pages and pages of block text or contain aggressively worded clauses. Aligning your legal terms with your business’s tone of voice can significantly improve the customer experience and it is therefore worth investing in getting it right.

Increased Bargaining Strength

Secondly, Commercial Law assistance can massively increase your bargaining strength when undertaking negotiation on your terms or third party contracts. If you are dealing with a global powerhouse then there is a risk that you can be forced into accepting their terms on a ‘take it or leave it’ basis.

However, by using an experienced solicitor you will be armed with the knowledge of what is reasonable and what is not and your lawyer will be able to articulate this to the other party in a way which can defend your own terms or achieve a more balanced position in a third party agreement.

Legal Certainty

Lastly, purchasing Commercial Law services can give your business legal certainty. A commercial lawyer’s objective is to help introduce a legal process into commercial decisions. Often, there will be a number of things that business owners will not have considered from a legal standpoint, such as data protection compliance or IP protection and they can help steer you in the right direction.

The key thing to stress is that Commercial Law assistance should be something you deal with in advance of problems arising, in the same way that you purchase property insurance to cover you if your house burns down. If a key client contract is breached or terminated, you want to make sure that you know exactly what your rights are in that instance and what your risk is.

Our Services

We primarily work on a retainer basis with clients and we seek to become an extension of their business. This approach reflects the ‘positive purchase’ mantra advocated above in relation to the use of Commercial Law services.

We have sought to remove the gut-wrenching feeling that can occur when obtaining a quote from a solicitor. We provide clear, fixed monthly fees which enable you spread the cost of any work provided and ensure that we are on-hand whenever you need Commercial Law assistance. We aim to solve your business’s problems, not bill hours.

Getting your contracts, data protection policies and IP in order from the outset can reduce the risk of disputes or fines arising down the line. However, failing to sort these things in advance can turn a potentially positive purchase into a much more costly distress purchase if you find yourself on the wrong end of a dispute.


If you would like to discuss our Commercial Law Retainer Services with us, please get in touch by calling us on 01603 339044 or emailing contact@cracknelllaw.com.