Legal Advice

Posted by Telise Kelly in Sep, 2014

What is legal advice?

There are as many forms of legal advice and there are areas of the law.  Due the massive amounts of legislation enacted within our society.  Legislation can be at International level, Commonwealth of Australia level, and State level delegated authorities given to various statutory and local councils.

What is legal advice like?

“Advice is like kissing: it costs nothing and is a pleasant thing to do.”
Legal advice is receiving of information from a person with knowledge of the pertinent area of law required by the person asking.
Legal practitioners spend many years at university and through stringent requirements of the law and regulatory and professional bodies to ensure the advice they give is correct and relevant in law to the person requiring assistance in the legal matter.

What is the purpose of legal advice?
The purpose of legal advice is to ensure the person or entity requiring assistance in understanding matters of law are given correct and accurate advice as to their standing within the laws of the country.

What are the different types of legal advice?

It is impossible for one layperson, let alone a legally qualified practitioner to know all the legislation and precedents set out by the courts.
Therefore, it is necessary to consult with a specialist in the area of law that is relevant to the legal advice being sought.

What’s involved with accessing legal advice?

Legal advice is usually obtained by contacting a legal practitioner, such as Slater and Gordon.  Not all practitioners have the knowledge required to assist in the area of law required to suit the client’s needs.  The legal practitioner will usually be able to direct the client to the appropriate legal professional.
Free legal advice is usually available from Legal Aid and various bodies around the country.

Where does legal advice fit into the process of starting a business?

Before starting a business it is essential to obtain legal advice. Legal advice allows you to fully understand the legal obligations of starting and running a business. Starting a business without this legal understanding of the laws for your business you could experience some serious problems.

How does legal advice impact on different areas of business?

Legal advice is crucial to ensure the correct business structure is selected to suit the needs of the business (i.e. Sole Trader, Partnership, Company, Trust).
Once legal advice is received for this, it is recommended to talk to an accountant or business advisor to ensure the trading entity is then correctly set up so as to maximize the benefits received, and to legally minimize the expenses and taxation payable (in a legal way of course!!).
It also impacts on ensuring all the required reporting to statutory bodies such as the ATO, ASIC, Work cover to name a few are taken care of appropriately.

What terms are used in legal advice?

Assets – the thing a person owns such as shares, jewellery, land, bank deposits, property, clothes, etc.
Solicitor – a lawyer who can represent you in court and advise you on legal matters.
Undertaking – a pledge to the court to do or not do certain things.

Where can I find more information about legal advice?

http://www.business.qld.gov.au/business/starting/legal-obligations
http://www.innovation.gov.au/SmallBusiness/LegalHelp/Pages/default.aspx
http://en.wikipedia.org/wiki/Legal_advice

Who would most benefit from this knowledge?

– The learner level suited for this article would be a person with no experience in this area.
– This article is suited to the senior management job level.
– State, Australian Commonwealth and International jurisdiction have influence over legal advice.
– There is no cultural influence impacts legal advice.
– Climate does not impact legal advice.
– All organisation types would find this information relevant, which includes startups, small to medium enterprises, corporations, non-profit organisations and government department/government owned entities.
– Legal advice knowledge is relevant to all industries.