Role of a business lawyer In Tampa FL

business law

The business lawyer is the partner of the company

The business lawyer is the partner of the company. He advises and defends his client at all stages of the life of the company, whether for the drafting and negotiation of commercial contracts, hiring and firing procedures, employee profit-sharing, capital increases , agreements with the shareholders of the company, or during strategic operations, such as fundraising, build-up or joint venture operations, restructuring and, where appropriate, the transfer of the business.

The role of the business lawyer is above all to listen, to immerse oneself in the daily life of the company, to get to know how it works and the economic and competitive context in which it evolves to be able to advise it. usefully
The business lawyer is required to answer daily simple or complex questions, which require a thorough knowledge not only of the rule of law, but also of the market practice and the sector of activity of the company. he advises.

The business lawyer is associated with the projects of the company from their conception.

In order for the business lawyer at is to usefully fulfill his advisory role, he is associated with the company ‘s projects from the moment they are conceived.

At the stage of preparation, it provides above all strategic advice, in order to allow his client to conduct the operation well. This first phase of counseling is very important, as it often determines the steps and conditions for conducting the operation thereafter.

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Thus, when writing a letter of offer of business acquisition, the business lawyer will advise his client on the terms and conditions of the transaction he will propose to sellers. The letter of offer should take into account the acquirers’ knowledge of the business they intend to acquire, their financial ability to make the acquisition, and the legitimate expectations of the sellers. The business lawyer will advise his client on:

  • whether the offer is binding or not
  • the scope of the audits to be carried out
  • the financing structure of the operation
  • the rights and obligations of sellers and acquirers
  • deadlines for implementation.

The letter of offer is a short document, but crucial in an acquisition transaction because it determines the conditions that the parties undertake to respect (price and conditions of price revision, financing, rights and obligations of purchasers and vendors, turnaround times) during the procurement process.

The involvement of a business lawyer is therefore necessary to ensure that the acquisition process is conducted in accordance with the interests of its clients and practice.

The same applies to any other transaction, such as a fundraising, joint venture or business transfer transaction.

A good business lawyer is a lawyer who is familiar with the areas in which he is involved
Law is a complex matter. For example, a corporate lawyer, for example, must constantly update all formalities relating to capital increases, the rights of shareholders, the conditions of validity of certain clauses of the covenants. shareholders, etc. It will often be impossible for him to immerse himself deeply in related and highly technical fields, such as tax law, labor law or competition law.

However, a strategic corporate law transaction, such as a restructuring, merger, or business transfer transaction, will often include not only aspects of company law, but also tax aspects of labor law. or competition law. In order to be conducted well and efficiently, the business lawyer will be able to surround himself with other confreres specialized in these related fields.

Similarly, certain transactions require constant interaction with the company’s auditors or with its financial or strategy advisors.

The business lawyer will therefore be able to form or join a multidisciplinary team that will allow each transaction to be carried out, no matter how complex.