Commercial Lawyers

A commercial lawyer’s duties include drafting commercial legal documents, such as service agreements or supplier agreements, and assisting with the negotiation of terms between their client and a third party.

Commercial law is an umbrella term for a wide range of laws and regulations that apply to businesses and organisations. The objective of a commercial lawyer is to protect a business by putting in place legal documents which are either required by law from a compliance perspective, or just sound business – to make sure that issues either don’t happen in the first place or if they do happen, the risks are significantly reduced.

The goal really is risk reduction and risk management. Commercial lawyers will often be intimately involved in the negotiation of contracts that the business engages in to be successful, while protecting the business legally. If there are any issues, then commercial lawyers will assist to resolve commercial legal issues and ensure the legal rights of the business is protected.

Commercial law in Australia governs the rights, relationships, and conduct of individuals and businesses engaged in commerce, trade, and sales. It covers a wide range of legal areas including contract law, intellectual property, employment law, and consumer protection.

Commercial law ensures businesses operate within a legal framework, protecting both the business and its customers. Whether you’re a start-up, a small business, or a large corporation, commercial law helps in regulating transactions and resolving disputes.

While both commercial and corporate lawyers deal with business law, their focus areas are quite different. A commercial lawyer specialises in legal matters relating to contracts, sales, marketing, and trade practices. They assist businesses with day-to-day legal needs such as drafting agreements, resolving disputes, and ensuring compliance with regulations.

A corporate lawyer, on the other hand, focuses more on the internal workings of a company, such as mergers, acquisitions, corporate governance, and shareholder rights. They handle the legal aspects of forming and managing a company, ensuring it operates within the bounds of corporate law.

Both roles are essential for a business, but commercial lawyers focus on operational transactions, while corporate lawyers concentrate on structural and governance matters

Most commercial law issues arise from either a compliance perspective, conflict of interest, negotiations with commercial contracts, breach of privacy or some other laws by the business either without knowing the relevant laws or by pure mistake. Commercial law issues will arise frequently in business. That’s why they call it risky business. It can sometimes end up in litigation, either dispute or Court/Tribunal proceedings.

Commercial law legal issues include areas such as contracts, breaches of contracts, breaches of privacy, breaches of any relevant laws that apply to the business, employment contracts or independent contractor agreements, sale or purchase of business, intellectual property infringements, debt collection or other disputes,. Commercial law deals with issues that arise in the normal operation of businesses and enterprises.

Common commercial legal issues include:

• Disputes with customers
• Breaches of privacy or confidentiality
• Intellectual property infringement
• Breaches or terminations of contracts
• Disputes between directors or shareholders
• Loss of licences

The services a commercial law firm provides will vary depending on the business structure, legal concerns, the industry and the services or goods provided. Day-to-day, it all depends on what is happening in the business.

It can be a very exciting area and commercial lawyers will often work in conjunction with the executive board, owners, and various departments of a business. It’s all about making sure that the business doesn’t get into legal trouble or disputes which can be extremely time consuming, costly and disruptive to a business.

Commercial lawyers not only work to resolve legal issues, but they also provide guidance, help businesses with documentation and help ensure your business is operating ethically and in line with the law.

Commercial law is intended to create a fair and equitable framework for people to come to engage in business and commercial interactions.

Commercial lawyers play an important role in protecting businesses from legal issues. They help draft essential business documents and can help organisations understand the variety of complicated laws and legal documents that apply to them.

While many businesses don’t think about hiring a lawyer until a lawsuit arises, commercial lawyers can provide a host of services that may help companies operate more efficiently and avoid potential lawsuits.

In NSW, the terms “commercial lawyer” and “commercial solicitor” are often used interchangeably. Both refer to legal professionals specialising in commercial law, offering guidance on various business-related legal matters. The distinction between the two terms is minimal, and the key factor is to engage a legal professional with expertise in commercial law to address your business’s specific legal needs.