Written by Liam Aughterson, Solicitor at Argon Law
Most of our clients didn’t first get in touch because they wanted to start a legal process. They contacted us because something had happened in their lives or business and they needed clarity.
Realising that their will no longer reflected their wishes, a family member who had passed away, leaving their estate in question, a new lease that had landed on their desk, or a business decision that carried more risk than they’d first expected. Whatever the circumstance, the first question they had for us was:
At Argon Law, this is often the most important question we answer for our clients.
Well before discussions of documents, taking legal action, procedures or court processes, our first step is to help you understand your legal position. Once we understand your situation, we help provide that clarity so you can make informed decisions about what comes next.
This article explains why that clarity matters, provides examples of how this question arises in four areas we commonly advise our clients (estate planning, estate disputes, leasing and business), and explains why asking for legal advice early is the best rule of thumb to preserve the most options.
Many clients have reached out wanting an immediate solution to their legal matter and this is completely understandable.
In reality, however, what they usually need first is an accurate assessment of their situation, which in turn helps them understand their rights, obligations, options, and risks. Sometimes clients learn that their position is stronger than they first thought, but other times it is weaker, which demonstrates why acting without consideration can be costly. Luckily, there are often practical alternatives a lawyer can discuss with you that help to avoid unnecessary cost, stress, and delay.
This is why it is imperative to understand your legal position early, as it allows you to make decisions based on the facts of the matter, rather than assumptions which aren’t always accurate.
In practice, the question of “What should I do?” takes on a different shape depending on the specific area of law involved.
One of the most common questions we hear from our clients is:
People often mistakenly assume their assets will automatically pass to the right people they always intended, without providing clear instructions or documentation. Unfortunately, this is not always the case.
A proper estate planning review can help answer questions such as:
An individual’s assets can be legally far more complicated than they first appear, with confusion sometimes occurring around business succession, estate administration, or complex wills held by high-net worth individuals.
With respect to your estate, understanding your legal position now can help avoid the unfortunately messy and painful process many families and loved ones are forced to navigate when an individual’s last wishes are not dictated or unclear.
Even when a loved one passes away who has carefully planned for their estate, this situation can quickly become more complicated if disagreements between invested parties arise.
People often ask:
Every situation is of course different, but again in this situation seeking legal advice early can help you understand both your legal rights and the practical steps available to you before positions become entrenched and legal options disappear.
Both commercial and retail leases are often signed with little understanding of the actual obligations they create upon both lessors and lessees. These documents can affect:
Many lease related issues can be avoided by simply taking the time to identify risks before the document is signed and, for commercial landlords in particular, taking the time to discuss your arrangement with a lawyer can provide greater clarity for your tenants.
Before you sign a lease, renew an existing arrangement or respond to a dispute with a landlord or tenant, it is vital to understand exactly where you stand. Reach out to the Argon Law team if you have any questions about a leasing matter.
Signing a lease is just one example of the variety of matters that business owners make decisions on every day and many, if not most, of these types of decisions can carry legal consequences.
Whether it’s buying or selling a business, entering into a new contract, taking on a new business partner, restructuring ownership, or expanding into new premises, the legal question is often not whether something can be done. The more important question is whether it should be done and what legal risks need to be managed along the way.
Again, understanding your legal position before committing to a transaction can prevent expensive problems later.
Across each of these areas, there are common patterns that emerge.
Deadlines expire, relationships deteriorate, positions harden and vital evidence disappears. In essence, many legal problems become more difficult simply because advice is sought too late in the process.
It’s important to remember that seeking legal advice early does not mean committing to any legal action. It just means that you’ve sought the information you need to make a sound decision.
If you’re not sure what to do next, you don’t need to become an expert in the legal terminology or the area of law involved. You may not even know what area of law is involved.
You can simply start with the question:
At Argon Law, that conversation is often the foundation for practical advice across a variety of matters, including estate planning, estate disputes, commercial leasing, property matters, business transactions and dispute resolution.
Once you understand what your position is, the right next step is usually much clearer.
If you are facing a decision and are unsure what you need to do next, contact the Argon Law team to discuss your situation before you take the next step.
This article is general information only and does not constitute legal advice. Specific advice should be obtained for your individual circumstances.
A: Your legal position is simply a clear picture of where you stand under the law in your situation including your rights, obligations, options and risks. Most people contact a lawyer because something has already happened (or is about to), and they need clarity and understanding on what they should do. Knowing your legal position allows you to make informed decisions based on facts rather than assumptions, and it often reveals practical alternatives that can avoid unnecessary cost, stress or delay.
A: Most people contact a lawyer because something has already happened and they need clarity, not because they want to start a legal process. Understanding your rights, obligations, options, and risks allows you to make informed decisions based on facts rather than assumptions. Early clarity often preserves more options and can avoid unnecessary cost, stress and delay.
A: A common question is: “If something happened to me tomorrow, how can I protect my family?” People often assume their assets will automatically pass to the right people, but that is not always the case. A proper estate planning review can check whether your current will is still appropriate, who will make decisions if you lose capacity, and whether your beneficiaries are adequately protected. Understanding your position now helps avoid uncertainty and conflict later.
A: It is always our recommendation to seek legal advice as early as possible when any legal matter or problem first arises. A common pattern we see is that legal problems become more difficult when advice is sought too late. It’s important to remember that seeking advice early does not mean committing to legal action. It simply means having the information you need to decide whether to proceed, negotiate, or walk away, while those options are still open.
A: You do not need to know the legal terminology or the specific area of law involved before you seek legal advice. A useful starting point with your lawyer is to ask the question, “Can you help me understand my legal position?” From here, your lawyer will instead ask you to clarify questions to better understand your situation. Once the situation is fully understood, they will provide you with legal advice and explanations pertinent to your situation.
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