Corporate and Commercial Lawyer and Law Practice Areas

Other than the work responsibilities, the business including corporate and commercial sectors deal with different complex agreements, arrangements, contracts etc. Guidance is a must for a smooth and profitable running of business and legal services. This is the place where a professional corporate and commercial lawyers play a crucial role.

Leading law firms that come with experienced corporate and commercial lawyers are known to serve different participants of the business world, like the entrepreneurs, enterprises, businessmen, corporations, business organizations and various companies. The experts deal with different matters of their clients by taking into accounts the intense competitive business practices and trends.

Through this article, we will come to know more about the corporate and commercial law practices and lawyers in detail. Please go through the points discussed below.

Corporate Compliance

Every national or international business is required to follow some strict regulatory rules and regulations. A breach of such rules can result in corporate probation or may be any kind of ignominious legal actions. Professional corporate lawyers believe that these rules and regulations are essential to follow for maintaining the profitability, goodwill and popularity of any company or corporation. This is why they serve clients with corporate compliance legal services to different sectors of the economy.

Law Practice Areas

If we talk about the law practice areas, the experienced lawyers working in a law firm offer legal assistance for different commercial issues, like advices for the formation of any company, services for varied commercial and corporate contracts etc.

More about the law practices; the attorneys also serve individuals looking for legal assistance related to intellectual property matters, capital market, insurance matters, public relations, industrial relations, human resource management etc.

Research Aspects of Corporate Law

Like a personal injury lawyer and other kinds of professional attorneys, a corporate lawyer also opt for researching different aspects of law including accounting, securities law, bankruptcy, tax law, intellectual property rights and other regulations concerning business specifics. The lawyers always keep one thing in mind that a transaction is not conflicted with different kinds of law including federal, local or state laws.

Team Oriented

As compared to other kinds of trial law, the corporate law is found as team-oriented. Rather than behaving as strict competitors in the court, they work on common goals that can help clients of both. They make use of their incisive mind and skills to make things clear between the parties, both in terms of written and oral form of communication.

Thus, from the above discussions, it can be said that corporate and commercial law practice areas and lawyers come with different aspects as compared to other trial laws and lawyers.

Why Seeking Experienced Estate Lawyers Is A Wise Investment

In the legal field, one of the processes that are an acknowledged minefield is the issue of estate probates. For those readers who are unfamiliar with this term, a definition is mandatory. A probate is a legal procedure that is designed to ensure that the estate of a deceased individual is dispersed as instructed to the parties that are stated in the testament or will. Prior to the dispersal of this estate, there are terms and conditions that have to be fulfilled to ensure that local estate laws have been complied with. This involves ensuring that matters of tax compliance are settled, debts are settled, and beneficiaries are acknowledged and notified.

In theory, it sounds like a simple exercise. Reality however is something else and frequently a spanner is thrown in the woodwork, which results in the proverbial logjams. When you are caught up in such a quandary, or better yet before it happens, it is a smart move to ensure that you seek the advice of an estate lawyer. Estate lawyers specialize in probate law and consequently are best placed to help you travel down this tedious road. This is irrespective of whether you are caught up in a succession battle or are simply following the due process of the law.

When you engage the services of an estate lawyer some of the services that you should expect to receive include locating and securing both probate, and non-probate assets, obtaining a death certificate from the authorities and acquiring an estimate of the deceased party’s estate and addressing income tax issues. Also, settling issues that could be disputed or cause miscommunication among the beneficiaries of the estate. Aiding the executors, preparing and filing all probate documents that are required by the court in a timely manner could be some of the duties required. These are but some of the services that one will benefit from when they hire the services of an estate lawyer.

It is not difficult to find an estate lawyer as there are many practicing in every city. Finding an experienced lawyer from a reputable legal firm is a little more challenging. There are individuals that specialize in the law of succession either as a part the general services that they offer the public or strictly as their area of specialization. For the specifics details on what a particular law firm has to offer, one need to check on the profile at a website (the law firms) or from a legal directory.

The firm that you are dealing with should ideally be in good professional standing with the bar association – minimal citations, the presence of a practicing silence and that sort of thing. The firm should also have a profile to prove their pedigree, and lastly professionalism should be the cornerstone of their operation. Moreover, remember when you are dealing with the grieving process, you will need a helping hand. A helping hand in this instance comes in the face of an estate lawyer. Call on the professionals; call on a law firm that understands probates. It is a choice that you will not rue.

Get a Commercial Real Estate Lawyer to Handle All Your Transactions

Lawyers usually play a very important role in broking real estate deals. By employing the services of a lawyer in your transactions, you will realize that your clients trust you more. Furthermore you will save time by letting your lawyer to handle all the transactions on your behalf. In addition to these, a commercial real estate attorney will come in handy in various stages of transactions and exchange of property to representing you on litigation matters. Therefore, regardless of your level of capitalization, whether you are a small time or big business owner; commercial property lawyers are there to take care of all players in the industry. You can always count on commercial lawyer for professional, knowledgeable and responsive services. Such lawyers cover extensively matters involving both huge sums of money as well as small investments.

Parties that can seek services of real estate lawyers

The industry is detailed and complex by virtue of the items being traded as well as different people and professionals that are involved. As a result anyone that operates in this industry that is not necessarily a buyer or seller of property can actually seek legal solutions from the estate lawyers. Such people include: Contractors, Tenants, ordinary citizens, Foremen, engineers and all players that are involved in one way or the other in building and construction have the access of commercial real estate lawyer. A lawyer will be helpful in cases where there is:

Breach of contract.

Work delay and or termination.

Injury to workers.

Issues of non-payment and collections.

Poor workmanship.

Use of poor quality materials.

Family estates and inheritance

Estate lawyers can also be very good advisors on real estate transactions and step in to resolve disputes arising from inheritance and property rights. Disagreements about property and inheritance are matters are always common. To prevent disputes that emanate from inheritance matters; the services of a commercial attorney will be very vital. Under this category, the lawyers can offer myriad services concerning family and personal property. First of all they can help in drafting wills. Estate lawyers can help you in drafting wills that determine the beneficiaries of your inheritance. This will be done with great considerations of the existing laws of inheritance as well as the desires of the property owner. Furthermore, the lawyers and their law firms can also act as custodians of such property in case of the demise of the proprietor and beneficiaries haven’t attained the age of property ownership. You can also handover the management of your property to commercial real estate lawyer so he or she operates under your instructions.

Important advice

When dealing with commercial real estate lawyers, it is always good to know the charges in advance before you commence any dealings. The firms that charge a flat fee are better than those that charge hourly. Furthermore a flat rate fees enables you to budget so that your problems solves.

How to Be a Great Corporate Lawyer

Average lawyers abound, good lawyers are common, but great corporate lawyers are hard to find. What is the mantra that makes a good lawyer GREAT? Great lawyers love what they do and it is this passion towards their work that separates them from mediocrity.

Step 1. Know your subject & law thoroughly. In-depth and sound understanding of the substantive law is a must. Know your subject, its nuances, interpretations and important case laws to have a command on the law that you are practicing. No amount of communication or writing skills can gloss over the lack of knowledge in law which comes from continuous reading & practice. Repetitive reading of law with an open mind brings different connotations and opens the door for creative interpretations. I have personally read same clause differently at different times which new perspective each time.

Step 2. Know the facts crisp & clear. Complete understanding of the facts of the transaction helps correct application of law as law applies differently to different facts. No two matters are similar so grasp the facts correctly to assess an issue. Misreading of a fact may change the entire structure and the end result sought to be achieved. My senior and mentor in law late Mr. J.K. Gupta had the ability to get to the crux of the matter by sheer power of crisp reading and clarity of thought. I continuously strive for that clarity.

Step 3. Understand the objective sought to be achieved. Empathize with the needs of your client, dynamics of the transaction and what is intended to be achieved. Alignment with the objectives of your client coupled with certain analytical & assessment skills helps in gaining long lasting confidence of the client. One possible way of gaining this insight is by having an earnest need to know your client’s business and by feeling the passion he/she feels for the issue.

Step 4. Know your environment. Make a conscious effort to read new developments in the practice area that you are specializing in; understand its dynamics, rules and regulations, latest amendments and changes in law and the transactions closed in the sector. This will help in gaining the confidence of the client and also structuring the transaction better. Client’s expectation from a good corporate lawyer is usually a mix of good legal understanding and sound commercial assessment/advice.

Step 5. Keep the Right Attitude. It is the attitude that separates mediocrity from greatness in any profession. Sincerely loving the work that you do makes all the difference to the advice given. Believing in the work one does and the clients one represents is important to ignite that all so important passion – so therefore do not accept briefs that you not go well with your own belief system. There are times when I refuse briefs/transactions that require me to render advice or undertake work that goes fundamentally against my value system. Reinforcement of one’s commitment towards work and aiming for the satisfaction of the client also helps.

Step 6. Focus on interpersonal relationship and be available when it matters the most. Learn to listen (and not only hear) to the viewpoint of not only your clients but also your opponents, support team, and other associates. Watch closely how they think and what makes them happy – stroke their achievements. Being intuitive and perspective is one of the toughest part of being a great lawyer and being available for most part of the day is the other. However, accessibility brings trust and dependability – so go for it.

Step 7. Have an eye for detail. Pay attention to details and be methodical in going through the check list required to close each transaction. Or else hire someone who can assist you with that work. Shortcuts can lead you and your client to some serious mistakes – ensure that the advice is not only complete but is also duly implemented. For instance, it is not only important to close an investment transaction in an M&A deal but is equally important that the follow up conditions required are duly fulfilled or implemented. One of the common slip that I occasionally note is that endless effort is spent in carefully negotiating the terms of the acquisition & shareholder’s agreement but post acquisition, the investor either fails or forgets to insist on amendment of the articles of association to record the terms & conditions of the shareholders agreement, making most of those rights unenforceable. So keep at it till the last condition is satisfied.

Step 8. Develop objectivity and a holistic approach. Learn to Step back and take a holistic view of the matter and then structure a transaction. Of course the ability to assess the strengths and weakness of a matter does not come overnight but by experience and habit of pondering over at every detail.

Step 9. Know your weaknesses. Get out of your ego trip and identify not only your strengths but also your weakness. Either work on your weakness or hire a support who complements you as a team. It is better to work on your weaknesses than to pretend that you are not. As a corporate lawyer, communication and writing skills are important so work on that area if this needs attention.

Step 10. Grow a team. There is only so much time in a day – therefore learn to identify talent and nurture them as a team. One never wins a battle alone – surround yourself with a capable support team who does all the good work under your capable supervision.

Step 11. Be honest with your clients. Last but not the least, being honest and transparent with your client never hurts either you or your clients. Watch out to understand the difference between creative structuring and adventurous advice bordering potential violation. Advise your client clearly on the merits and pitfalls of what is being proposed and then Step back to let your client take the decision. For instance, in PE investments in public limited companies, the funds usually negotiate for various combination of exit options which are generally unenforceable under India laws vis a vis a public limited company. But most PE funds nevertheless insist on these rights under an investment transaction.

In my experience as a corporate lawyer, the single largest motivating factor that keeps me going is my passion for work, satisfaction of my clients and the sheer joy it gives me. There are no classes that one can attend to become a great lawyer – what ultimately counts is the way we approach our profession and I still have miles to go…

I would be happy to receive your feed back or inputs or additional points that I may have missed in our journey of being a Great Lawyer.

The author is a founding partner of a Delhi based law firm LexCounsel and is a corporate and commercial lawyer.

Simple Tips for Determining If Commercial Litigation Assistance Is Necessary for Your Business

Searching out commercial litigation assistance is an intimidating process, but if you follow these tips, you will be able to find the appropriate lawyer for your unique legal situation.

Understand What A Commercial Lawyer Can Do For Your Unique Business

Law firms can help businesses with a whole suite of cases ranging from landlord-tenant litigation to change of ownership to employment and consulting agreements. If you are unsure of how to proceed with a confusing legal matter, schedule an appointment with your lawyer. It is always best to consult with an attorney before proceeding with legal action because each case is unique and needs attention from an expert. Many legal firms offer a free 30-minute consultation where you will learn all your options.

Law Firms Will Assist You In Choosing What Type Of Business To Form

Attorneys have the ability to aid you in choosing your business formation when you are a new company, store, or restaurant. For example, there are multiple businesses to file as: corporations, LLPs, LLCs, sole proprietorships, joint ventures, and partnerships. Law firms will walk you through the meaning of each type and assist in choosing which category fits your business description. It is imperative to understand that each type has a different rule when it comes to distribution of profits, documentation, and asset protection.

What To Do If Your Business Has Been Sued

First of all, do not take action on your own or answer any legal questions about the suit. You lawyer will assist you in contacting your insurance in regards to the claim. It is imperative to contact a commercial attorney who will research your options and consider the facts and situation. They will create a defense, assess liability, and decide to settle or move forward with the litigation. Remember you do not have to take on a lawsuit alone.

How To Prepare For Your First Meeting With Your Attorney

It is important that your commercial litigation specialist understands your situation from all angles. Most legal firms prefer to have all documents and records associated with your case to become intimately familiar with the history of your case and business. Said documents might include: formation documents, a business plan, organizational charts, meeting minutes and records, contracts, a vendor list, tax records and the current year’s tax return, and financial statements including balance sheets and income statements.

If the above information is a lot to digest, or you are convinced your business is in need of an attorney, simply contact your local commercial litigation specialist and schedule a free consultation. Law firms are eager to assist and are widely experienced in a myriad of legal matters, so even your unique case has likely been encountered before. Remember you do not have to tackle these legal issues alone.