Just because you’re a SMME doesn’t mean you shouldn’t have legal recourse. When the going gets tough and the tough gets going, lawyers can put the law on your side.
By Craig Falck for Africa Report
Photograph:© Frenta | Dreamstime.com
As a businessperson, you should always have a lawyer’s number on hand. The world is full of unscrupulous business people who will take you for a ride in the blink of an eye, and sometimes, through no fault of your own, you may find yourself in a spot of bother.
Lawyers are a necessary evil. You need them no matter how much you hate them. The thing is, they do what they are paid to do and will look after you as best as possible. It’s important that you don’t hesitate to call them as soon as you notice that you’re in trouble. Clever businesspeople take the utmost care and scrutinise every detail before doing anything that could potentially harm their business or put it in harm’s way. Thing is, there’s so much trouble out there it’s often very difficult to know when you can handle it yourself and when you can’t.
When you know you’re in the right and you have the physical proof, there’s no point as the law is on your side. Say, for example, you have a dispute with a firm you trade with and you have it in a signed contract that certain obligations are to be met but said conditions aren’t fulfilled, you can go to the business and tell them that they need to meet their obligations or you will take legal action. This should be enough to scare them into completing the contract without the need of lawyers. If, however, they ignore your threat and continue with their course of action, you may want to get your lawyer on the line. Once a legal document is sent, 99 percent of the time the matter is resolved.
If you’re the one reneging on the contract, you should tell your lawyer immediately with reasons and disclosure as to why you’re taking your stance. They will note it and document your reasons so that when you receive legal correspondence from the other party, your lawyer will be able to reply with a reasoned letter that details why the contract has not been honoured. It’s important that in any situation like this, or where you feel there could be problems later down the line, that you get hold of your legal team and tell them what’s going on. Also, don’t let bigger businesses bully you. Stand your ground and make it known that you won’t be bulldozed over – once again, if you’re in the right, tell your lawyers and they will handle the matter.
As with everything in life, if you think you’re going to be in trouble with the law, it’s time to dial your lawyer’s number. If you can sort the problem out legally, all the better because you won’t be spending money unnecessarily. But if it’s a serious matter, your lawyer is your new best friend.
