Business crises often strike with the force of a bolt of lightning or the sudden flight of a startled horse. Clients then seek legal counsel, hoping to salvage the situation and mitigate the damage. As a lawyer, I have witnessed this scenario play out countless times, with clients urgently seeking assistance once the "pawpaw hits the fan."
While providing immediate legal remedies is crucial, it's only part of the equation. It is the short-term solution. Entrepreneurs must recognise that effective legal counsel extends beyond crisis management—it involves proactive planning and strategy. Just as a doctor advises patients to prioritise health before illness strikes, entrepreneurs should prioritise legal preparedness before facing legal storms.
Too often, legal counsel is viewed as a reactive measure, seeking assistance only when confronted with a problem. However, a comprehensive legal plan can not only prevent crises from recurring but also provide the framework for sustainable growth and success.
The Plan
Crafting meticulously drafted agreements and providing crisis advice are crucial legal services that companies require. However, these services should be complemented by a broader legal strategy that identifies and mitigates potential risks, safeguards intellectual property, and ensures compliance with regulations.
Successful companies recognise the significance of integrating legal strategy into their overall business strategy. They do not wait until disaster strikes to seek legal assistance. Instead, they have a trusted legal advisor who is well-versed in their business operations and growth objectives.
Establishing a cohesive team that comprises lawyers, accountants, and senior management is crucial. These professionals must work together seamlessly, aligning their efforts to support the company's vision and mitigate risks effectively.
Entrepreneurs should collaborate with their team, including their lawyer, to strategise and plan before embarking on new ventures or growth strategies. This approach minimises legal risks while fostering innovation and creativity.
Conclusion
It's important to view legal counsel as more than just someone who puts out fires. By integrating legal strategy into your business operations, you can navigate challenges with confidence and propel your company towards sustainable success. So, the next time you want to pursue a bold idea, make sure to include your lawyer on your team.
Together, you can embark on the journey of creating the next big thing. This is not only good business practice but essential for long-term success.
Written by Nicolene Schoeman-Louw; Specialist Commercial, Civil Litigation and Contract Law; SchoemanLaw
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