A legal counsel, sometimes known as an inhouse legal counsel, is a person who delivers legal advice from within a business. A legal counsel may work as part of an inhouse legal team or as a sole legal counsel for a business that needs regular and ongoing legal advice.
A legal counsel usually deals with different areas of law. Importantly, an inhouse legal counsel is a trained and qualified lawyer, but they work more closely with a business than a private law firm lawyer.
A legal counsel’s client is a company, not a person.
If you are a business that is looking to hire legal counsel on an ad hoc or interim basis, engaging with a law firm like Prosper Law is a good idea.
We have our very own lawyer, Farrah Motley, who is able to provide legal counsel services (similar to a secondment arrangement) to businesses across Australia.
We provide businesses with high-quality, experienced legal counsel services.
In this article, we take a look at the following 4 cases where you will need assistance from a legal counsel:
Author: Farrah Motley, Legal Principal of Prosper Law, a law firm that offers inhouse legal counsel services.
Your business needs a legal counsel to review contracts
A business contract is a legally enforceable agreement between two or more people (including businesses).
As a prudent business owner, you understand the importance of using specialist legal counsel services to review contracts.
A legal counsel can help you with:
draft a new contract (including contract templates) for your business
examine and conduct a contract review of an agreement
ensure that contract terms are explained to you and your team members
negotiate contracts in the best interests of your business
Because many contracts must follow precise wording and format standards to be legally binding, a contract review will ensure that your document:
is legally enforceable
reflects the commercial agreement with the counterparty
Your business needs a legal counsel to manage your trademark portfolio
You should apply to register your selected brand name as a trademark once you've determined that it's clear to use. A registered trademark gives you the ability to restrict third parties from using the same or a confusingly similar mark for products or services that are the same or similar to yours in certain circumstances.
This exclusive right over your business’s trademark is a powerful tool to ensure that your business fully owns its brand and cannot be used or exploited by others.
To ensure legal rights are appropriately protected, trademarks must be monitored, updated and maintained. Trademark portfolio management, which includes a trademark audit, title changes, and other services, can be accomplished by using an inhouse lawyer.
The trademark has to be registered for a variety of goods and services. Many nations operate on a first-to-file basis, which means that if two companies apply to register the same trademark at the same time, the first application will be accepted and the second would be rejected.
Do you have a portfolio of trademarks that you've used and earned throughout time?
Prosper Law can offer legal counsel services to assist you to meet deadlines, filing paperwork, and advising your company on how to best secure your important assets with strong trademark protection.
We assist companies to protect their trademarks and goodwill.
The administration of a client's trademark portfolio will vary depending on the needs of the client, but it will typically comprise analysing, registering, and enforcing the marks against potential infringement.
Your business needs legal counsel to provide employment law advice for your workforce
For organisations that have a large workforce, legal counsel can provide employers with fast employment legal advice. This is inhouse legal advice can be used to:
prepare new employment agreements or revise existing employment agreements so that they comply with updates to legislation and Modern Awards
advise businesses and human resources staff on the best process to follow when looking to terminate a staff member’s employment
manage and respond to Fair Work claims, including unfair dismissal claims and general protections advice
Even for small businesses, using legal counsel on a part-time basis can be invaluable. Many of the employment laws that apply to large companies also apply to small businesses.
Employment laws can be difficult for small businesses to manage where they do not have the benefit of full-time human resources staff.
In those circumstances, legal counsel (particularly when hired under a retainer arrangement) can ultimately save businesses money in the long run.
Your business needs a legal counsel to provide legal compliance advice
The process through which a corporation complies with the complicated regulations, policies, and procedures that govern business operations in a certain country is known as legal compliance.
Legal compliance is becoming increasingly important for organizations. Non-compliance with the law can have serious ramifications, including financial penalties, reputational damage and third party legal claims.
Expert legal counsel can assist in reducing these risks and avoiding unwanted consequences.
To monitor, audit and verify legal compliance, you should engage legal counsel services.
How can Prosper Law help?
Prosper Law’s legal services are provided by Farrah Motley, an Australian legal counsel that provides in-house legal advice to businesses across Australia.
Contact the team at Prosper Law today to discuss how we can provide you with legal counsel services for a fixed fee retainer or at affordable hourly rates.
Farrah Motley | Legal Principal
PROSPER LAW - A Commercial Law Firm for Businesses
M: 0422 721 121
A: Suite No. 99, Level 54, 111 Eagle Street, Brisbane, Queensland, Australia 4000