Are you a business owner in Brisbane or greater Queensland looking to lease commercial space or perhaps a landlord looking to renew or enter a new lease with a tenant?
Finding the right commercial leasing lawyer is crucial to ensure a smooth and legally sound transaction. With so many lawyers out there, it can be overwhelming to know where to start your search.
In this article, we will guide you through some effective strategies to help you find the perfect commercial leasing lawyer.
So, let's dive right in and discover how you can secure the services of an expert who will protect your interests and navigate the complexities of commercial leases with finesse!
Table of Contents
Why Use a Lawyer for Commercial Leases?
While leases are often an essential aspect of running a business, they can be complex legal documents and if oversimplified can leave either party unprotected.
Unlike some other states and territories, Brisbane and Queensland do not have standardised commercial lease templates set down by the state government.
This means that many commercial leases can contain a wide range of unbalanced and unnecessary terms. It is common for commercial leases to be lengthy documents, often between 30 and 150 pages.
Ensuring commercial leases are balanced and protective can be difficult but it is now more important than ever due to significant legal reforms commencing from 9 November 2023 which make unfair contract terms in small business contracts illegal.
These reforms apply to a large portion of commercial leases and where a lease is caught by operation of the reforms then not only will certain terms be void which you may otherwise wished to rely upon, but such terms could now also attract substantial penalties and fines under the Competition and Consumer Act 2010 and the ASIC Act 2001.
Each unfair term included or relied upon forms a separate contravention, which means compounding civil penalties (such as fines) for multiple terms. Ensuring your lease is drafted in a compliant manner is therefore very important to avoid hefty fines and non-binding terms.
The Retail Shop Leases Act 1994 (Qld) is another piece of legislation that applies to retail leases in Brisbane and greater Queensland. Retail leases are as defined in that act and its regulations but capture a large portion of commercial leases.
This Act also requires tenants and landlords to provide certain disclosures and lease terms compliant with the Act, as well as observance of minimum time frames in a variety of circumstances.
For example, as at the date of this article the Act requires tenants to provide a ‘legal advice report’ (among others) before entering into a commercial retail lease, and a solicitor is therefore required to complete that report.
A solicitor will not be able to complete the form on a genuine basis without having reviewed the terms of your lease and providing the advice set down in the report.
Failure to abide by the requirements of the Act could have serious ramifications, depending on the circumstances.
The above a just a few reasons to utilise the services of a lawyer for commercial leases. Doing so will allow you the comfort of knowing that you have a sound and fair agreement with your tenant or landlord.
Online Searches and Reviews
When it comes to finding the right commercial leasing lawyer in Brisbane or greater Queensland, one of the first steps you can take is conducting online searches and reading reviews.
The internet has made it easier than ever to gather information and opinions about different lawyers / solicitors in your area. Many do not practice in the area of commercial leases though, so it is important to do your research.
Start by searching for commercial leasing lawyers in Brisbane on search engines like Google. This will give you a list of potential candidates to consider.
Take note of their websites, where you can find more details about their experience and expertise. Additionally, look for reviews or testimonials from previous clients. These can provide valuable insights into the quality of service provided by a particular lawyer. Pay attention to both positive and negative feedback to get a well-rounded understanding.
Online legal directories are another useful resource for finding reputable commercial leasing lawyers in Brisbane. These directories often include comprehensive profiles that highlight each lawyer's specialisation, experience, qualifications, and contact information.
Remember that not all reviews may be genuine or accurate, so exercise caution when relying solely on online recommendations. It's always best to cross-reference information from multiple sources before making your decision.
Keep in mind that the legal system is adversarial in nature, which may mean some reviews may be left by the competing side if they have lost where the firm was successful for their actual client.
By doing thorough online research and considering client reviews, you'll be better equipped to find the right commercial leasing lawyer who meets your specific needs in Brisbane!
Referrals from Trusted Sources
When it comes to finding the right commercial leasing lawyer in Brisbane or greater Queensland, sometimes the best approach is to seek referrals from trusted sources. These could be friends, family members, or colleagues who have had positive experiences with lawyers specialising in commercial leasing.
Start by reaching out to your network and asking if anyone has worked with a commercial leasing lawyer before. People are often more than happy to share their recommendations and provide insights into their experiences. They can give you an honest assessment of the lawyer's professionalism, communication skills, and overall effectiveness.
In addition to personal referrals, consider seeking recommendations from other professionals involved in real estate transactions such as real estate agents or property managers.
Accountants often also deal with lawyers in commercial leasing matters. These groups often work closely with lawyers and may have valuable insights on who would be a good fit for your specific needs. Remember that while referrals are helpful, it's still important to do your own due diligence when choosing a lawyer.
Each case is unique, so take the time to meet with potential candidates and discuss your specific needs before making a decision. By tapping into trusted sources for referrals, you can increase your chances of finding a reputable commercial leasing lawyer who will effectively advocate for your interests throughout the lease negotiation process
Legal Directories
Another useful tool for finding the right commercial leasing lawyer in Brisbane is to consult legal directories. These directories provide a comprehensive listing of lawyers and law firms, along with their areas of expertise, contact information, and sometimes even client reviews.
When using legal directories, it's important to keep in mind that not all directories are created equal. Some may have limited listings or outdated information, so it's best to use reputable and trustworthy sources.
One popular legal directory is the Queensland Law Society (QLS) directory. The QLS is a professional association for solicitors in Queensland and their directory can be accessed online. It allows you to search for lawyers based on areas of practice, location, specialisations, and other criteria.
Using these directories can help you gather a list of potential candidates that meet your specific needs. Some of these services may only provide limited information or insight though. So, remember that they should only be one part of your research process when choosing a commercial leasing lawyer.
Checking Credentials
Lastly, it is important to check the qualification and status of your lawyer whether that be in Brisbane or anywhere else in Australia. This will help you ensure that you are working with a qualified professional who is lawfully entitled to provide legal services to you.
In Brisbane or Queensland, this is most easily done by searching for the lawyer's name on the website of your local law society. The Queensland Law Society maintains a directory of lawyers that hold a practicing certificate, which is required to provide legal services.
The search engine contains verified information about the lawyer’s status. By taking the time to check credentials, you can feel confident knowing that your chosen lawyer has met all necessary requirements and possesses the qualifications needed for handling your commercial leasing needs effectively.
Conclusion
Finding the right commercial leasing lawyer in Brisbane is a crucial step in ensuring the success of your business. With their experience and procedural know-how, they can guide you through complex legal matters to protect your interests.
To find the perfect fit for your needs, start by conducting online searches and reading reviews from previous clients. This will give you an idea of their reputation and track record. Additionally, don't hesitate to ask trusted sources for referrals, word-of-mouth recommendations can be invaluable.
Remember that finding the right lawyer is a personal decision based on your specific needs and preferences. Take your time during the selection process to ensure you choose someone who understands your business goals and has experience dealing with commercial leasing matters.
Protect your interests and unlock the full potential of your business by engaging with Drakos & Company Solicitors who bring a wealth of expertise to the table.
Don't leave critical decisions to chance; speak with our commercial leasing lawyers to empower you with the knowledge and insights needed to make informed choices in the dynamic world of commercial leasing.