Legal costs can feel prohibitive for small businesses, which leads many owners to either avoid legal advice altogether or seek it only in a crisis. Neither approach is ideal. Here’s a practical guide to when professional legal advice is genuinely necessary, and when you can manage things yourself with the right resources.
When You Should Always Use a Lawyer
- Business structure setup: Choosing between sole trader, partnership, company or trust structures has significant tax and liability implications that require tailored legal and accounting advice.
- Buying or selling a business: Business sale agreements, due diligence and asset purchase structures are complex and high-stakes — legal errors can be very costly.
- Commercial leases: Lease terms, outgoings, make-good clauses and option periods all have long-term financial consequences that are worth having reviewed before signing.
- Disputes and debt recovery: Once a commercial dispute escalates beyond initial negotiation, legal representation substantially improves your prospects.
Where Free or Low-Cost Help Is Available
For straightforward matters, there are several free resources worth exploring before engaging a private solicitor. The Business Victoria website (and its equivalents in other states) provides free legal guides on common small business issues including contracts, employment and intellectual property.
Many community legal centres also offer free initial consultations for small business matters. The Community Legal Centres Australia directory can help you locate services in your area.
SBTC Member Legal Support
SBTC’s Business Support Services program includes a free 30-minute initial consultation with a qualified commercial solicitor from our partner law network. This service is designed to help members quickly assess whether a legal issue requires formal engagement and to understand their options. Contact the SBTC office to book your session.
