Family Best Time >> Work

Need legal advice for your business:who to turn to?

In the event of a dispute or conflict, to negotiate a contract or simply for advice, it is possible to obtain legal aid. To find it, you have to identify the right professional. Legal adviser, notary, lawyer or bailiff, who to turn to? Discover their role and quickly benefit from the legal support you need.

The legal adviser:who is he?

If as a professional you may need legal advice. Also, quite logically, you can turn to legal counsel. This specialist in law is most often a lawyer, in other words a professional registered with the bar. He has an excellent knowledge of the law and procedures. Among the legal advisers, there are also notaries. In both cases, they are called upon by companies wishing to obtain advice or support in the event of litigation or any other legal procedure. Note that legal advisers can also be consulted by individuals.

In what cases should legal counsel be sought?

The need for legal advice

As the name suggests, a legal advisor gives advice. It can therefore be consulted by professionals looking for information. Indeed, on a daily basis, companies must ensure that they remain within the law. By being accompanied by a legal adviser, they can count on a professional who knows the law and even its developments. It should be noted that all large companies have a legal advisor within their team. This can be requested by all departments and employees.

Accompaniment in the event of a procedure

A company can face litigation. Whatever their status in the procedure, they can call on a legal adviser to be accompanied. In this case, the role of the professional will be to become aware of the situation, analyze it and establish their rights and interests.

Preparation of the financial and commercial consultation

The consultation on the economic and financial situation of a company is a presentation. This is provided by management and concerns large companies. It provides information on the situation of the company. During this consultation, a quantified presentation is made. It concerns the year that has just passed. It is possible to recall previous years if relevant. The consultation ends with the outlook for the current year and possibly the objectives. The role of the legal advisor here is to ensure the veracity of the figures.

Drafting acts

The drafting of deeds is one of the main activities of legal advisers who practice with companies. Whether they are lawyers, bailiffs or notaries, they produce deeds to ensure the legal security of a company. Here are some examples of operations that require the drafting of an act.

  • Constitution of Civil Society
  • Incorporation of SARL
  • Constitution of SA
  • Sale of goodwill
  • Sale of shares
  • Commercial lease

Unpaid

In the event of non-payment, companies can call on a legal adviser to recover the sums due. The professional helps to set up the right procedures and monitors them.

To reduce the risk of non-payment, companies can rely on factoring. The process makes it possible to assign an invoice to a financial institution and to be paid. A commission is of course applied. Immediate payment of receivables is an asset for companies that preserve their cash flow.

Drafting employment contracts

The legal advisor is also a person who can intervene for the drafting of employment contracts. He ensures their legality. Calling on a professional for employment contracts can be essential if the company wishes to include a non-competition clause or an exclusivity clause.

  • The non-competition clause limits the freedom of an employee once he is no longer under contract with his employer. He is not entitled to exercise equivalent functions with a competitor or as a freelancer for a defined period.
  • The exclusivity clause prohibits an employee from exercising a professional activity in addition to that which he exercises with his employer. The prohibition concerns contracts with another company such as self-employed activities.

Finally, the legal advisor can intervene in the event of breach of contract or dismissal.

The negotiation

Medium and large companies may need legal counsel for the negotiation of these contracts. If this is the case, it may be necessary to contact a professional specialized in business law. Knowledge of international law may also be essential.

Where can I find legal counsel?

Sometimes, professionals manage to identify their need in terms of legal aid. But they don't always know where to find that help. Here is more information.

  • The houses of justice and law are present in the big cities. Under the authority of the Public Prosecutor and the President of the High Court of his sector, they direct individuals and companies to the right professionals according to their needs.
  • The departmental centers for access to law are public bodies. As their name suggests, they are present in each department. They bring together many professionals such as lawyers, notaries and bailiffs.

Of course, companies can also go to a law firm. It should also be noted that professionals take out numerous insurance policies. Some contracts include legal assistance. Before paying for the services of a legal advisor, it is worth taking stock of the guarantees taken out and activating them!