Running a business can be exciting, but it’s rarely straightforward. Whether you’re just starting a business, managing growth, or facing a dispute, knowing when to consult a solicitor can make all the difference. This article explains the key moments when speaking to a business lawyer could protect your company, save money, and help you make better decisions. It’s written for real people running real businesses in Scotland – small or large – who want clear legal advice in plain English, without jargon or fluff.
When do you actually need a solicitor?
Most people only think to call a solicitor when something goes wrong – a dispute, a missed payment, or a contract disagreement. But in business, getting ahead of problems is often the smarter move. A solicitor can help right from the early planning stages, long before any legal issues arise.
If you’re unsure when to consult one, a good rule of thumb is this: speak to a solicitor before signing or committing to anything you don’t fully understand. This could include entering a lease, making a partnership agreement, or taking on investors. Early professional advice can save significant time and cost later, particularly if a dispute or complaint develops.
At Business Lawyers Scotland, we often remind clients that the more context we have early on, the more we can help. It’s much easier – and usually cheaper – to prevent a legal problem than to fix one after it’s happened.
Should you speak to a solicitor before starting a business?
Absolutely, and ideally sooner rather than later. When starting a business, there are practical steps where early legal advice helps – from choosing your business structure (sole trader, partnership, or limited company) to drafting shareholder or partnership agreements.
Many new business owners are surprised to learn that the right legal structure can affect everything from their tax obligations to their personal liability. A solicitor will explain what’s involved in plain terms and make sure you’re setting things up correctly. That’s especially important if others are investing money or intellectual property into your new business.
If you’re local to Glasgow or elsewhere in central Scotland, the team at Business Lawyers Scotlandcan guide you through forming a company, dealing with due diligence, and staying compliant with Scottish legal requirements. It’s the kind of early step that gives your business a much stronger foundation.
What about when buying or selling property for your business?
Buying and selling property – especially commercial property – always carries risk. A solicitor ensures you know exactly what you’re committing to. They’ll review titles, draft purchase agreements, check conditions and leases, and highlight potential problems before they cost you.
For instance, when our firm helps a client purchase their first office or warehouse, we don’t just look at the paperwork – we consider long-term implications like break clauses, rent reviews, and maintenance responsibilities. These often catch business owners off guard.
So if you’re buying or taking on a commercial property lease, don’t rely solely on your accountant or agent. A solicitor’s involvement brings an added layer of protection and ensures every detail is legally sound before you move forward.
What if you’re dealing with an employment problem?
Employee or contractor issues can escalate fast – and can be costly if handled incorrectly. Whether it’s a redundancy process, a contract dispute, or a question about dismissing someone fairly, seeking advice from a solicitor early can protect both your reputation and your finances.
Employment law has strict court rules and time limits, so delay can make things worse. At Business Lawyers Scotland, we often see business owners who try to “sort it themselves,” only to discover the problem has become a formal complaint or tribunal proceeding.
If you find yourself unsure about pay, notice periods, or whether a relationship truly counts as employment, this is the moment to get advice – not after a claim is lodged.
When should I consult a solicitor about contracts and agreements?
Any time you’re asked to sign – or prepare – a contract, it’s wise to get a solicitor involved. Even seemingly simple agreements can have complex terms that could later restrict your flexibility or expose you to unexpected legal costs.
For example, a small supplier contract might include hidden indemnities or automatic renewal clauses. A business lawyer will review it, explain the meaning, and help you negotiate fairer terms. And if you draft contracts for clients yourself, a solicitor can ensure they meet your obligations under professional rules and the Law Society of Scotland’s standards.
Taking professional guidance before signing on the dotted line isn’t about mistrust – it’s about knowing what you’re agreeing to.
How do disputes and complaints work under Scottish law?
When a dispute arises, emotions often run high. Whether with a client, supplier, or partner, it helps to have an experienced solicitor handle communications and find a practical resolution. In Scotland, disputes can follow formal court work procedures or alternative options like mediation or arbitration.
A solicitor will explain your options, assess whether legal action is the best option, and help avoid unnecessary outlay. For many small businesses, this approach can preserve relationships while protecting your rights.
If your complaint involves poor service from another professional, you can also use the Law Society or the Law Society of Scotland’s client complaint system. Your solicitor can guide you through that as well, ensuring your rights are upheld under professional services standards.
What about legal aid and affordability?
In some cases, small business owners or individuals may qualify for legal aid, depending on financial circumstances and the type of matter. However, business advice usually falls outside legal aid funding.
For straightforward enquiries, many solicitors (including our team at Business Lawyers Scotland) will discuss legal costs and budget options openly before any work begins. We can explain likely outlays, hourly rates, and potential VAT, so there are no surprises. Some matters may even be covered by insurance – certain policies include insurance to cover legal expenses, which is always worth checking.
If cost worries are stopping you from seeking help, speak to a solicitor anyway. Sometimes a single conversation can stop a small issue from becoming a large one.
What if you need help with intellectual property?
Protecting intellectual property is often overlooked by small businesses until it’s too late. Your logo, brand name, and original work might be some of your most valuable business assets. A solicitorcan help you secure these rights and stop others from exploiting them.
For businesses developing new products or technology, having the right protections in place can be crucial for future growth. It’s not only for large corporations – every small business should consider it. At Business Lawyers Scotland, we help businesses identify what they own, document it properly, and take steps to protect it before disputes arise.
When might a power of attorney or succession planning be relevant?
It’s not something most business owners think about, but what if you were suddenly unable to manage your company? A power of attorney can ensure someone you trust keeps things running if you’re ill or unavailable.
This planning becomes more important as your business grows. Your solicitor can help make these arrangements simple and fully compliant with Scottish solicitors’ obligations. It’s one of those quiet but vital steps that gives peace of mind.
Can you discuss legal matters confidentially?
Yes – confidentiality is a cornerstone of legal work. Anything shared with your solicitor is confidential, meaning you can be open and honest about your concerns. This transparency helps your solicitor give sharper, more relevant legal advice.
Whether you’re discussing a potential complaint, business planning ahead, or possible court work, remember you’re protected by professional confidentiality rules. Your solicitor cannot share that information without your permission, except in very limited circumstances set out by law.
What’s the best way to get help or ongoing support?
If you’re unsure where to start or what type of lawyer to speak to, reach out for a quick chat. The Business Lawyers Scotland team is always happy to discuss your situation and outline the next steps. You don’t need to have every document ready – just an openness to talk things through.
We often tell clients that getting legal assistance doesn’t have to be intimidating. The goal is to find solutions and make your business life easier, not more complicated. A solicitor’s job is to support, protect, and advise – not to judge.
Things to remember
- A solicitor can help at every stage of your business – from set-up to growth and resolving issues.
- Don’t wait for a dispute or complaint; early legal advice saves time and cost.
- Use Scotland’s Find a Solicitor search tool or speak with Business Lawyers Scotland directly for local expertise.
- Ask about legal costs and potential insurance to cover outlays early – transparency matters.
- Your communications with a solicitor are always confidential.
- Good planning – from contracts to power of attorney – helps avoid future problems.
- For tailored, personal guidance, contact the Business Team at Complete Clarity Solicitors and Business Lawyers Scotland.
