When it comes to commercial property dealings, it is best to seek the help of a law specialist who understands the law and can protect your interests. This is especially important in Melbourne, where the property law act governs many rules and regulations.
A specialist can help you navigate the complex legal landscape,ensuring you comply with all the relevant laws and regulations. They can also help you negotiate favourable terms with landlords, tenants and other interested parties.
Moreover, by seeking the assistance of a property law expert, you can resolve any disputes that may arise during your commercial property dealings. They can advise on various issues, including tenancy agreements, rent reviews, building repairs and maintenance, etc.
However, how do you pick the ideal one with so many commercial property lawyers in Melbourne? Always choose a firm like Madison Marcus, which is experienced and knowledgeable in commercial property law.
What Does a Commercial Property Lawyer Do in Melbourne?
The primary role of a commercial property lawyer in Melbourne is to protect their client’s interests. This includes ensuring that all legal requirements are met and that disputes are resolved quickly and efficiently.
Hence, commercial lawyers can assist a business in many ways, including providing legal counsel on issues, such as intellectual property, contracts and company structure.
A commercial property lawyer can provide a range of services, including:
1. Drafting Legal Documents
Documents are essential for the smooth running of any business. A lawyer can help you draft contracts, agreements, leases and other documents, ensuring they are legally binding and protect your interests.
These documents might include:
- Letter of demand
- Cease and desist letter
- Partnership agreement
- Business merger agreement
- Shareholders agreement.
2. Anticipating Legal Concerns
A good lawyer will be proactive and identify any potential legal concerns that might arise. These professionals advise businesses on possible legal matters in specific sectors or with particular procedures. They assist firms in identifying when operations may fall outside the rule of law and offer critical legal issues that the organisation must address.
Commercial and property lawyers can also assist businesses with writing internal policies to protect the company from legal liability. For example, the firm might create a contract between consumers and the business that states there is no corporate responsibility for damages obligations. Commercial lawyers help companies prepare ahead by preventing avoidable expenditures or court actions.
3. Addressing Legal Problems
When legal problems in property law in Australia arise, commercial lawyers are there to provide support and guidance. They can advise on how to resolve the issue best whilst minimising damage to the business. In some cases, they may need to represent the company in court.
For instance, if the court punishes a business for safety breaches, a commercial lawyer may investigate the incident, collect evidence on behalf of the firm and file an appeal.
Some of the common legal issues that businesses face include:
• Employment Law
Businesses must comply with various employment laws, including wages, working hours and health and safety. Disputes can arise when these laws are breached, or an employee is unfairly dismissed.
• Commercial Contracts
Contracts are essential in business, but they can be complex and confusing. Disputes often arise when one party breaches the contract or when there is a misunderstanding about the terms of the agreement.
• Intellectual Property
Intellectual property (IP) refers to creations of the mind, such as inventions, designs and trademarks. Businesses need to protect their IP from infringement by others.
• Negotiating with Other Businesses
It is common for legal counsel to take charge of the negotiation process or actively participate in the negotiation procedure between two businesses. As a company representative, the commercial attorney may make judgments that are in the firm’s best interest and negotiate to ensure suitable conditions.
• Protecting Business Property and Assets
Businesses must protect their property and assets, including their premises, equipment and data. A commercial lawyer can advise on the best way to do this and help you draft the necessary agreements.
For example, you might need a lease agreement if you rent premises for your business. This document would outline the terms of the deal, including the length of the lease, the rental amount and any conditions on the use of the property.
Businesses must also protect their intangible assets, such as their intellectual property. A commercial lawyer can help you register trademarks and patents or draft confidentiality agreements.
• Representing Clients in Court
A commercial lawyer serves as the company’s representative in court when necessary, such as if the business is ever sued or needs to appeal before a judge. Likewise, a commercial lawyer will represent the company’s interests if a business dispute ends up in court. They will work to achieve the business’s best outcome, whether negotiating a settlement or fighting the case at trial.
Commercial lawyers have a detailed understanding of the law and how it applies to businesses. They can offer expert guidance on a range of legal issues, from employment law to intellectual property. If you are starting a business or running an existing one, you must have a good relationship with a commercial lawyer.
What Makes a Good Commercial Property Lawyer?
A good commercial property lawyer should have a strong understanding of the law as it relates to businesses. They should be able to advise on a range of legal issues, from employment law to intellectual property.
• Well-Versed With Your Business Operations
Whether in the business world, technology or another sector, having a commercial lawyer who fully understands your business model can be empowering and beneficial. A good lawyer will quickly learn about your business, how it operates and what objectives you’re looking to achieve.
• Proactive and Has a Strategic Vision
The best commercial property lawyers can see the big picture and have a strategic vision for your business. Your lawyer should be able to detect potential legal issues before they develop and provide viable solutions to help you avoid them.
• Active Listener
A good lawyer is an active listener and will take the time to understand your objectives. They should be able to provide insights and recommendations based on their understanding of the law and your goals.
You should be able to rely on your lawyer to respond to your inquiries promptly. This is especially important if you have a time-sensitive issue or are dealing with a legal matter that requires quick action.
How Madison Marcus Can Help You
Running a business can be complex, with many legal issues to consider. If you need assistance with any aspect of property law and other business dealings, it’s best to hire a commercial lawyer.
At Madison Marcus, we have a team of experienced commercial lawyers who can provide practical and strategic advice on various legal issues.
For all enquiries or a free 15-minute consultation,contact us here.