Friday 15 November 2019

Incentivisation Arrangements for Staff - Designed For Business Success

Following a flurry of recent instructions, all upon similar themes - Equitable Law has recently updated its 'Note' - On the methodologies for efficient and cost-effective ways for business ventures to incentivise their staff (including a detailed discussion of Enterprise Management Schemes (EMI) and alternative participating 'Growth Shares' arrangements.

An extract from that 'Note' is as set out below:-
   

You'll forgive us if we 'don't want to give our prior-art away for free' - but - if you 'ask us nicely' we would be delighted to discuss the same with you.

If you are interested in learning further about the options available, please do not hesitate to contact:-

Dan.Johnson@EquitableLaw.com

+44 (0) 7788 537 187 = U.K. Cell. (& e-Tel.)

http://www.EquitableLaw.London

Monday 11 November 2019

How To Approach A Solicitor With A Business Law Issue

Many entrepreneurial, growing businesses are unfamiliar with the process of approaching a professional advisor (so as to potentially help them).

I accordingly thought that I would write this (relatively detailed) note for their (and my) benefit - seeking to set out how I suggest they should go about approaching me (for maximum mutual benefit).

I believe that firstly, you need to be clear that you are inclined to seek to use the professional legal advice and assistance services of a highly experienced, fully qualified and legally trading 'English Solicitor' (such as myself), who is working through my own (London based) Solicitors practice (= a professionally authorised and regulated firm of British lawyers) which specialises in business matters.

There is going to be a potential cost to such action, but if you are ready to commit to some financial outlay - we would hope to provide input which 'pays back' multiple times over periods to come. 

If you do have legitimate commercial budgetary constraints - please be upfront about it, and allow us to understand underlying circumstances so that we can help you to set what should be reasonable legal spend.

Skilled solicitors are well versed in 'cutting cloth to suit a budget', so have that discussion (in early course) - and you may well be pleasantly surprised to discover your situation is a circumstance where with careful planning, a sensibly prepared scope of work may well meet your budget expectations.

Some of this firm's best and regular ongoing clients, were the subject of approaches to us at very early stages in their development (when budgets were 'tight'), but the efficient and cost-effective input we were able to provide - when those businesses' obtained 'maximum bang-per-buck', (in part) allowed them to 'blossom' into the significant enterprise they are today.

What I would (generally) NOT recommend is to 'buy a document online' or approach any of the numerous laymen - and (potentially) much, much worse - who seek to sell business advice and assistance (of a legal nature) over the internet - and whose abilities vary widely.

Please 'Be Warned' = Absolutely anyone can use the title 'Lawyer' (or 'Legal Advisor' etc.) with impunity in the U.K. (in relation to most areas of advising business on legal matters), whatever the relevant person's lack of qualifications, experience or expertise, absence of appropriate professional indemnity insurance cover, and/or potential history of grossly-negligent, non-competency etc.

If you are dealing with what I envisage are likely to be relatively material matters (as regards the ongoing business activities in which you are involved etc.) - I'd strongly suggest that you do use a Solicitor - So as to ensure that you receive the best possible legal advice and assistance in terms of dealing with your current legal requirements (and all future developments) - in an appropriately practical and effective manner (and most importantly - in a manner that you can rely upon as your business might develop further).

If you choose not to (or simply don't) take sensibly appropriate legal advice and assistance (now) in relation to the circumstances you wish to address - you potentially risk 'making a false economy', as I fear you may well spend time, effort (and financial resources) in a manner which risks being 'sub-optimal' (to put it mildly) - both in terms of the immediate effect of the initial advice and assistance that you might receive (and the relevant advice and assistance's ongoing legal effectiveness in the future - i.e. it's 'worth' in 'real world' practical use - when 'it comes to be tested').

Compared with (say) buying software - when you generally will become aware (fairly rapidly) if it is of poor quality and/or doesn't meet your needs - with legal work, such a position often only becomes apparent when you are involved in (say) a court action, the tax authorities are pursuing you or you have some other problem which adversely impacts upon your business and/or its worth.

Then try finding and/or obtaining redress from the person who 'messed up'!   

While I fully understand the financial pressures involved in business - I trust you would agree that it is always wise to be wary of buying (solely) on price – as (generally) 'in life', you ‘tend to get what you pay for’.

There is a reason why the word ‘cheap’ - is generally followed by the words ‘and nasty’ (as an English expression).

If you wanted to (initially) approach me, it would generally be extremely helpful for me - if you were able to provide me (ideally - before we might 'talk' in material detail) - with any (relevant further) information it would be sensible for me to be provided with - (I suggest) by providing some early details of the parties interested in the relevant matter, and sight of any appropriate copy correspondence and/or documentation already in existence (e.g. any and all relevant 'emails' and other 'papers' which are readily available) - so as to assist my understanding of the background, and (in particular) my understanding of all aspects and issues relevant to your matter.

Alternatively, a brief (if fuller to that which might already have been provided) synopsis of the background would generally be gratefully received.

I confirm that any and all  information and 'papers' provided will be kept fully in accordance with my regulator enforced, professional obligations of strict confidentiality

I then generally suggest that we potentially advance matters - by us arranging to have an initial, entirely no-obligation, exploratory conversation (by telephone or other 'real-time' communication method) - aiming to concisely discuss the underlying situation that you are seeking to address (in appropriate detail) - so as to seek to outline the possible approaches and options available for you - hopefully, formulating a sensible course of action to be taken.

Following the above-suggested approach, I should be able - by virtue of my approach of working efficiently, effectively and in a timely fashion - to limit professional fees (in due course) - to a highly cost-effective sum, reflecting appropriate time budgeted assistance at sensible charging rates in accordance with your reasonable fees budget.

The aim is always to produce legal advice and assistance of an extent and for a fee that would objectively be considered appropriate - on a basis of 'what the legal advice and assistance is worth' to the recipient.

I believe you will find the above stated suggested initial approach to preparing to address matters to be the best way of seeking to deal with such a situation as you have identified would potentially benefit from a professional advisor's input.

Much background information on me (i.e. my qualifications, experience and expertise etc.) is available via my firm's website (and related web-links therefrom) - so please feel free to read the same at your leisure

I hope that (having read this 'Blog' post) you will take the opportunity to make direct contact with me in the near future (following the approach I outline) - so that we can advance such matters as you are seeking to address.

Regards

Dan.Johnson@EquitableLaw.com

+44 (0) 7788 537 187 = U.K. Cellular (& e-Telephone)

www.EquitableLaw.London