Legal Foundations: Your Step-by-Step Guide to Working with a Business Lawyer
As a business owner, knowing when and how to engage with a business lawyer can feel overwhelming. I've had countless conversations with clients who've sat on the fence, unsure where to even begin. In this blog, I want to demystify this process and walk you through exactly where to start—because honestly, it doesn't have to be complicated.
Start with Your Client Agreements: Your Business Foundation
Let me be crystal clear here: your client agreement is where everything begins. Whether you're a fresh startup about to launch your services or an established business refining your offerings, this is your non-negotiable first step. And here's why this matters so much—you need someone who understands your industry.
Think about it: when you work with a lawyer who has deep experience in your field, you're not just getting a document. You're getting years of insight into what goes wrong, what needs protecting, and all those "I never would have thought of that" moments that can save you from future headaches.
The Essential Website Trio: Your Digital Protection Suite
Now, let me share something personal: whenever I land on a new business website, the first thing I do is scroll straight to the bottom. Why? Because those footer links tell me everything about how seriously a business takes their professional obligations. And let me tell you—if I don't see proper terms and conditions and a privacy policy, I'm out. Because it signals one of two things: either they don't know about these requirements, or they don't care. Either way, it’s not great.
Your website needs three core documents (and yes, I say this with love—DIY is for Bunnings, not for your legals!):
Website Terms and Conditions
This isn't just some template you can copy and paste. Your business is unique, and your terms need to reflect that. Whether you're showcasing your portfolio, dropping nuggets of gold in your blog, or offering free downloads, it all needs proper protection.
Click-Wrap Terms and Conditions
Here's where a lot of businesses get confused—these are different from your website terms! These are the specific terms that pop up with that little checkbox at purchase time. Whether someone's booking your services, grabbing your latest ebook, or joining your membership, each type of offering needs its own tailored protection.
Privacy Policy
Let's get real about privacy—if you've got a "Contact Us" form on your website (and who doesn't?), you're collecting personal data. That means you need a proper privacy policy that actually complies with the Privacy Act. This isn't just about ticking boxes; it's about building trust with your audience.
Moving Beyond the Basics
Once we've nailed these foundations, that's when our conversations naturally flow into other areas. Usually, this leads us to chat about your team—are your contractors really contractors? Do you have the right agreements in place? These are crucial conversations that protect everyone involved.
The Proactive vs. Reactive Approach
Look, I'm a realist. Sometimes people come to me because they're already in a pickle—maybe there's an unhappy client, an unpaid invoice, or worse, legal proceedings. Can I help in these situations? Absolutely. But let me tell you, it's so much better (and usually cheaper!) to be proactive.
Your Next Steps
If you're sitting there thinking, "Right, I need to sort this out," here's what I suggest you do:
Get clear on your service offerings and delivery processes.
Think about how you want your client relationships to work.
Look at what's happening on your website.
Consider your team structure.
Remember, you don't need to have all the answers. That's literally what we're here for! A good business lawyer will guide you through this process, asking the right questions to ensure you get exactly what your business needs.
In fact, I've created the Essential Legal Checklist specifically for service-based business owners to help navigate these conversations. It's designed to be your regular legal health check—something you can review at the start of each calendar or financial year to make sure you're covered.
The bottom line? Your business deserves proper protection, and getting to this point doesn't have to be overwhelming. Start with these foundations, and the rest will naturally follow. Trust me, your future self will thank you for it!
You may also like to listen to Episode #190 of the Rise Up in Business podcast Where To Start When Working With A Business Lawyer.
Need help establishing your legal foundations? Start by downloading our free Essential Legal Checklist for service-based business owners, and then book in for your Complimentary Introduction Call here.