The Importance of Obtaining Early Legal Advice

We often have clients approach us for urgent advice after a dispute has arisen.
Invariably the client has not obtained any legal advice before entering into an agreement.
Obtaining early legal advice from the outset is extremely important for several reasons.
It is particularly important that lessees, franchisees, guarantors, mortgagees and the like seek preliminary advice because such agreements are often drafted in a manner which favours the other party.

The underlying reasons for seeking early advice include the following:

  1. Parties are usually more willing to negotiate essential terms of agreements at the beginning of their relationship in the interests of progressing their interests and finalising the agreement;
  2. As lawyers, we are in a better position to ensure that your interests and intentions are legally reflected in the agreement based upon your instructions;
  3. In more complex matters, an agreement referred to as a 'Heads of Agreement' containing only the essential terms can be entered into at an early stage of negotiations which gives the parties some security and peace of mind;
  4. It allows you to ascertain your legal position at an early stage thereby ensuring that you can minimise your exposure to potential legal risks and possible litigation;
  5. If the agreement has been prepared by the other party's solicitor, we can advise you what amendments should be made to accurately reflect your intentions and put you in a stronger legal position; and
  6. Reducing the chances of litigation in the future which can be considered an investment in the sense that you will not be paying for costly litigation.

It should be clear now that obtaining early legal advice is in your best interests and failure to do so may increase the likelihood of disputes and costly litigation arising in the future.

If you would like to obtain legal advice or have any questions in respect to any legal matter which falls within our Practice Areas, please Contact us at your convenience to discuss the matter further.


This article is a guide only and should not be used as a substitute for proper legal advice, readers should make their own enquiries with this firm and seek appropriate legal advice to ascertain their legal position.