Seeking Legal Advice: Your Compass in Dispute Resolution

Home
/
Blog
Small business disputes - navigating through a dispute to an outcome
/
Seeking Legal Advice: Your Compass in Dispute Resolution

Disagreements and legal disputes are often fraught with intense emotions and complex legalities. Understanding where you stand legally is crucial. It equips you with the knowledge and confidence to navigate the dispute resolution process successfully, whether through direct negotiation or via mediation. This blog post focuses on the significance of legal advice and how to access it, bolstering your negotiating position.

The Power of Informed Negotiation

Entering negotiations with a clear understanding of the legal landscape enhances your ability to advocate for your interests effectively. Legal advice can demystify your rights and responsibilities, painting a clear picture of the strengths and weaknesses of your position. With accurate information on the applicable legislation, legal principles and the all-important precedents set out in case law, you’re better prepared to negotiate—whether directly with the other party or through structured mediation, such as with the Queensland Small Business Commissioner (QSBC).

Our mediation service for commercial or retail shop leasing disputes, offers a more structured environment wherein a mediator assists both parties in working towards a mutually satisfactory resolution. Yet, it’s the informed groundwork laid out by legal advice that can turn the tides in such settings, ensuring that you’re negotiating from a position of strength.

How to Secure Legal Advice

Securing legal advice can come through various channels, ranging from paid professional services to community offerings like the ones at the Bond University Law Clinic. Here’s a guide on how to proceed:

1. Bond University Law Clinic: Free Legal Advice

If you are facing financial hardship the Bond Law Clinic provides free one-off consultations where individuals can speak with a qualified solicitor about their legal concerns.

To start, fill in their Client Intake Form on their website for an appointment. You can attach up to 3 key documents (like the lease or contract and any notices). To learn more about Bond Law Clinic you can watch this video.

2. Engaging a Private Solicitor

For comprehensive and ongoing assistance, investing in a private solicitor might be necessary. A paid legal counsel can delve deeper into your case and provide a robust defence of your position. They can also negotiate on your behalf if required.

When seeking a solicitor, you have several considerations:

- Consult the Queensland Law Society: They offer a ‘Find a Solicitor’ search function through their consumer website You and the Law, which can help you identify legal professionals according to your specific needs.
- Understand the Fees: Enquire about the cost structure of your chosen solicitor. Lawyers might work at an hourly rate, or for some services, offer a flat fee. Always ask for a cost estimate upfront.
- Explore Suburban Law Firms: If you’re budget-conscious, suburban law firms may offer more competitive rates without compromising on the quality of service.

Preparing for a Legal Consultation

To benefit from any legal advice session—free or paid—it’s imperative to:

Come prepared. The more you provide the solicitor the more it will cost, so ask yourself 'what are the key facts and my key documents related to the issue'?
Ask yourself 'What outcome do I really want? What outcome would I be willing to live with if I'm told that isn't possible?'
Create a detailed chronology of events including what steps you have taken so far, this will provide your solicitor with a clear picture, improving the advice they can offer.
Work through this checklist: understanding your dispute.
Prepare questions to help you get the best understanding of the strengths of your position but also the weaknesses or risks. Then flip those questions to understand the strengths and weaknesses of the other parties position.

To save time and reduce legal costs, prepare your questions in advance, as most solicitors charge based on the time spent with them. The Queensland Small Business Commissioner (QSBC) encourages parties in dispute to prepare their own tailored questions. Below is a list of example questions to help guide you when speaking to a solicitor about your dispute:

Do I have enough evidence to support a favourable decision in a tribunal or court?
What additional evidence could strengthen my case?
Which legislation applies to this matter?
What is the best way to lodge this with a court or tribunal?
What are the timeframes, processes, and costs involved?
Are there alternative options to resolve this dispute before pursuing legal action in a court or tribunal?

A Stepping Stone to Stronger Negotiations

Seeking legal advice early can help to guide you in early negotiations or before mediation. It can also help you decide what outcome you are seeking and is it feasible to achieve it. You may discover you’ll need to compromise to get what you want.

You will be better positioned to negotiate with greater clarity and confidence, whether directly or in a mediated environment.

Investing in legal advice to understand your legal standing might seem expensive but can save you time and money in the long run. Consider what is at stake. Weigh up the risks of not getting legal advice versus the benefits legal advice can bring.

To help you plan your negotiation strategy or decide what to do, you could also soundboard the options with one of the 300+ small business mentors from the free Mentoring for Growth program, provided by the Queensland Government. They can’t provide legal advice but they may help you work out what is most important for you, what strategies may be worth trying at the negotiating table and help you work out any options you have besides taking legal action.

Options if the Other Party Won't Communicate or Negotiate

When negotiation stalls, taking legal action – i.e. lodging with a court or a tribunal – might be your only option.
Until you lodge with a tribunal or court, you should consider yourself in a negotiation.

Deciding what to do next is not always easy. Seeking legal advice from a solicitor with expertise in the area of law (whether it be commercial property law, contract law or business law) can often provide you information that helps in your decision making.

Our Assistance team at the Office of the Queensland Small Business Commissioner (QSBC) may provide you with information that helps you decide what to do, but we are unable to provide you legal advice.