Business and Startup related matter

Avoiding Common Mistakes: Why you should seek legal advice Before Making Big Decisions

Dr. Arvind Singhatiya
Dr. Arvind Singhatiya 04 min read 2558 Views
Last Updated: Feb 05, 2024
understanding why you should seek legal advice before making big decisions

 Introduction

We all at some point of time in life need to take decisions which are significant in their magnitude and impact, and these are inevitable moments; while they give a thrilling feel, filled with lots of possibilities, but also comes with some potential risks. This could be when you're starting a new business, buying a property with your hard-earned money, or dealing with personal stuff like getting married or planning what happens to your property and assets after you're gone. These decisions can be tricky because they often involve a lot of complex documentation with multiple set of applicable laws. Making a slightest mistake could end up being very expensive, both in terms of money and stress. This is why it's really important to get right advice from a legal professional before you make these kinds of decisions. This blog is going to show you some common mistakes that people make when they don't get legal advice, and why it's always a good idea to get this expert advice to help you make the best choices in your life.

 

Overlooking Crucial Legal Documents
Overlooking or misreading essential documents is one of the most common mistakes all make when embarking on significant decisions. Legal documents, such as terms and conditions, contracts, agreements, wills, form the backbone for big transaction. They hold key information and terms that dictate how a deal or decision should proceed. When these documents are not given the necessary attention, or are misunderstood, it can lead to disputes, delays, and financial losses. Without professional legal advice, people often overlook critical clauses, misinterpret legal jargon, or miss out on the consequences of signing certain documents. Consulting a legal professional can help you understand these documents in depth, ensuring you are fully aware of your rights, responsibilities, and potential pitfalls before making your decision.

            Get your document reviewed with expert lawyer

Example:
We witness almost every day when two-three friends decide to start a business together. They go great idea, got enough funds, invested in best equipment, secure a great location, hired staff, and started getting amazing demand.  However, they fail to procure required permissions and licenses, didn’t have a co-founder agreement, and hired without properly employment agreements. They are now left exposed to the business threatening potential legal disputes and financial liability down the line. By consulting with a legal expert and lawyer beforehand, they could have avoided these issues and established a solid legal foundation for their business.

 

Ignoring Intellectual Property Rights

Another area where people often make legal mistakes is in the realm of intellectual property (IP). This includes patents, trademarks, copyrights, and trade secrets. Failing to properly secure or respect IP rights can lead to costly legal disputes and harm your reputation.

             consult a lawyer on Intellectual property matters

Example:

Suppose you create a new product and use a name/logo to that of a familiar/established company, believing it's a clever homage. You also become a known brand and got your customer loyalty in short span of time but unfortunately, the established company sees it as trademark infringement and takes legal action against you, this may end up in completely shutting down the brand or changing it, which will kill your customer’s brand loyalty. This could’ve avoided with appropriate legal advice and proper documentation. You could have chosen a different brand name/logo or secured a permission from the company to use their trademark, avoiding a costly legal battle.

 

Misunderstanding Contractual Obligations

Contracts are a crucial aspect of business and failing to understand them fully can lead to disputes and financial losses. It's essential to review all contracts with a legal professional before signing, as they can help you understand the fine prints, your rights and responsibilities, suggest you negotiating points and identify potential pitfalls.

              Consult a lawyer for contracts and agreements

Example:

You hire a contractor to renovate your office space and sign the contract without fully understanding its terms. The contractor completes the work, but the quality is below standard. When you attempt to withhold payment, you discover that the contract contains a clause requiring you to pay regardless of the work's quality. Had you sought legal advice beforehand, you could have negotiated a more favourable contract or found a different contractor.

 

Failing to Properly Document Transactions

Proper documentation is essential for any transaction, as it can help prevent disputes and protect your interests in the event of legal action. Unfortunately, many people fail to document transactions adequately, leaving them vulnerable to legal issues.

Example:

You loan money to a friend to help them start a business, with the agreement that they'll pay you back with interest. However, you don't put the agreement in writing. When your friend's business takes off, they deny ever agreeing to repay you with interest. Without proper documentation, you may struggle to enforce the repayment terms in court. Consulting a lawyer and getting a proper loan agreement before remitting the loan could have helped protecting your money and interests.

Not Seeking Legal Advice

Perhaps the most common legal mistake is simply not seeking legal advice when making any critical business or personal decision. As former Supreme Court Justice Oliver Wendell Holmes Jr. once said, "A man who is his own lawyer has a fool for a client."

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