Originally published in Lawyers Weekly
In a profession where the meaning of success can become so fundamentally skewed, it’s time to redefine what successful legal practice is.
As a business lawyer, and a business owner, professionalism is something that is always top of mind for me. It’s also a regular topic of conversation, especially of late as people are navigating the merger of work and home lives.
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If you run a business and you have a website, then my question to you is “why wouldn’t you want Website Ts & Cs?”
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If nothing else, the events of 2020 so far have meant that the time is gone where business owners can dismiss concerns by saying ‘it won’t happen to me’ or ‘I’ll deal with it later’.
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When it comes to remote work, it is critical that employers get it right, or the consequences can be serious for both employers and employees (and the livelihood of the business).
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Starting a business is much like starting a relationship – the right time is when it feels right, and when you are so passionate about it that you just can’t wait.
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By focusing on the things we can control (our actions) rather than the things we can’t (such as what is going on in the world right now), we can make objective decisions and often navigate our way through uncertainty.
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In a world where the meaning of success has become so fundamentally skewed, it is so rewarding to be taking steps to redefine what this means for women in workplace culture.
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This year we are seeing more and more small business in rural and remote areas subjected to the pressures of drought, floods, and bushfires. These challenges can feel like they are never ending for many, and often it is hard to see the light at the end of that tunnel.
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In business, there will always be unexpected things that happen. Despite best intentions, things can go wrong from time to time. Often these things catch you off guard, making the situation uncomfortable and unsettling.
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We need to give ourselves permission to say no to the work that doesn’t suit us, and to the clients who we know we can’t add value to. We need to do this so that we comfortably look forward to the quality relationships that we can develop by saying yes to the work that best suits us.
Having a template can be great to help guide you in understanding what to look for in your business documents and contracts. However, they can also see us thinking we’re covered for everything, when that may not be the case.
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Getting across your business’ terms & conditions, and understanding the difference between these and your website terms & conditions is not something that should be filed away ‘to do later’. If you don’t get this right, you may not be protected and could find yourself with all sorts of problems (for example, if a customer doesn’t pay; if there is confusion around expectations; if a dispute arises in relation to what you are delivering).
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When you entered into the partnership with your business partner (or partners), hopefully you took the time to have a partnership agreement drafted, and hopefully it was done with the level of skill and care required to reflect the agreement between the parties. If you did, then you will have a carefully prepared dispute resolution process to step through in the event of a dispute.
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The legal system in Australia is just that, a legal system. Often this can be quite separate to the delivery of justice.
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If a document isn’t signed correctly on behalf of a company, it can mean that it is not valid, and is unenforceable against the company.
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There is no substitute to preparation, so take the time to know what you are getting into before you sign up to a franchise.
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Success is about understanding your values as a person, being clear on your responsibilities and duties as a lawyer (to the court, to your client, and to your opponents) and then living by your values and discharging your obligations to the best of your ability - Every. Single. Day.
During my time in legal practice I have seen clients caught out or taken by surprise at various points in their commercial leases.
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The short answer is yes. You can complain to the Australian Financial Complaints Authority (AFCA). But only about certain things, and you can only seek certain outcomes.
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