Human beings are more reactive in nature than anything else because it is difficult for us to perceive danger when it is not present. Therefore, the decision to seek legal advice is often made after a crisis point has already been reached. While the law is adept at mitigating these crises, it exists to be used as a shield before a sword.
Of course, there will always be case-specific circumstances that could not be predicted but, when it comes to contract law, seeking legal advice as early as possible is your best option.
Alternative dispute resolution (ADR) processes exist so that going to court can be a final resort once all other options have been exhausted. Once a case has been taken to court, the court determines the law and imposes the decision on both parties. ADR can lead to more mutually favourable outcomes.
Yet, Hollywood blockbusters and courtroom dramas have led people to believe that legal advice should only be sought once a crisis has happened. In some cases, involving a legal expert earlier in proceedings could prevent a situation from reaching a crisis point in the first place. Even if this is not the case, it will significantly save time, money and stress.
What can a legal expert help with prior to a crisis?
The main way legal experts can help you prior to a crisis is via contract advice and drafting. Individuals and SMEs usually enter contracts to conduct business, providing a clear framework that will govern a commercial transaction or relationship. These contracts will often include rights, risks and obligations.
A clearly and professionally constructed contract will act as a roadmap for any dispute resolution processes. Seeking expert legal advice at this stage will ensure that the terms and conditions of the contract reflect your desired objectives whilst mitigating the risk of disputes.
Whether you are an employer, hiring a key individual for a highly confidential project or drawing up a confidentiality agreement, it’s vital that you do not cut corners when it comes to contract drafting.
Even with these contracts drawn up, disputes still arise. However, seeking legal advice during this stage will ensure you are prepared for all eventualities.
What happens if you hit a crisis point?
It is never too late to seek legal advice. However, the length of time you wait will affect factors such as the favourability of the outcome and the cost of legal aid.
Mercantile Barristers have expertise in providing advice and representation in contractual drafting; contractual negotiations; and contractual disputes, whether they are businesses or individuals; or commercial law solicitors.
We have particular experience in advising clients on drafting commercial contracts. We also have experience in taking instructions from commercial law solicitors representing their clients in proceedings concerning breach of contract before the county court; High Court; Court of Appeal and Supreme Court.
