How can a lawyer help your business?

Prevention

1. Risk management and the appropriate allocation of risk; 
2. Ensuring that your own contracts are commercially attractive and legally sound; 
3. Reviewing and amending (where appropriate) the other side’s contract (terms and conditions); 
4. Seeking to limit your business’s exposure to commercial risk and where possible to exclude, cap or limit your liability for direct loss of profits and business opportunities and indirect (consequential) losses; 
5. Ensure there is an ‘entire agreement’ clause in the contract; 
6. Insert an English choice of law clause and provide for English courts to have exclusive jurisdiction in respect of the agreement; and 
7. Carrying out regular fixed - price contract audits particularly around Brexit. 

Cure

1. Identifying the legal issues in a commercial dispute and advising on the respective strengths and weaknesses of those arguments; 
2. Prioritising those issues that need action immediately to protect the client’s interests; 
3. Developing a strategy with the client and preserving the key factual evidence and speaking to those individuals who were involved in the contract; 
4. Identifying whether expert evidence is required; 
5. Making cogent, firm and persuasive legal arguments such that all forms of dispute resolution mechanisms are fully explored; 
6. Making use of effective without prejudice negotiations often in parallel with the open discussions; 
7. Not taking a ‘how long is a piece of string?’ approach but rather being dynamic in the problem solving and ensuring, wherever possible, a swift resolution of the dispute thus saving the client time and money; and 
8. Seeking to avoid protracted and costly litigation which should only be ‘a last resort’. 

Established in 2006 in London, JKW Law has been offering legal services over several practice areas to discerning clients achieving successful outcomes at excellent commercial rates. John Walmsley leads a team of 4 experienced consultants offering expertise and a personal approach to supporting your business in challenging times. We take the time to understand your business and anticipate issues before they have arisen.

If you have something on your mind (or plate) and would like an informal chat or even a second opinion, please drop John a line - john@jkwlaw.com

For more about JKW Law - www.jkwlaw.com

What is the point of your lawyer?

Perhaps a pertinent question in these turbulent times. The traditional answer might be to provide legal advice either on one or two discrete areas as a specialist or across several practice areas as a trusted adviser to the business. The lawyer can then identify the legal issues, advise and ensure that the appropriate strategy is adopted to limit any damage or to shape or influence the path to be taken.

‘Lawyers advise and clients decide’ is certainly true but often clients expect and demand more from their legal advisers than advice alone. Clients tell me they want a lawyer who is prepared to be robust in their appraisal of the situation and not afraid to ask difficult questions; Better now than in court. Also a lawyer who anticipates a problem even before the loss or damage has occurred perhaps through a contract audit. At the end of the day, it is about making the client more financially sound and this involves understanding the client’s business and for the client to see the effect of your advice on their cash flow.

As a client told me recently ‘A lawyer should work with the client right from the start of the business and ideally help prevent any legal difficulties instead of only showing up to solve them’.

How should a good lawyer behave?

Clear, consistent and commercial advice;
Understand the business plan of the client;
Look to develop a long – term relationship and behave accordingly;
Respond quickly, accurately and succinctly;
Anticipate problems wherever possible; and
Share their network to allow you to prosper from their connections*

Does your lawyer tick all of the above boxes?

If you identify any more crucial qualities, or have something on your mind and would like to meet for a coffee, please drop me a line: john@jkwlaw.com


*On the point of sharing my network - please note that I am holding an event at Heeltap, SE1 on Tuesday 20th June to watch the British & Irish Lions’ game against the Chiefs from 8am. There are still some spaces available. Please drop me a line for full details.

Please take a moment to look at some of my recent seminars.
I am happy to discuss a tailored presentation to your organisation.