We’d better like to build a system of protection and work with risks preventively than “to fight fires”. Firstly, it is cheaper. Secondly, it does not distract from operating activities. What about you?
Save your strength for the real force majeure, do not create them with your own hands. For this we recommend to:
- work closely with the contracts before and after they are signed. Quality of the contract does not depend on the number of pages. If you find it difficult to read the contracts due to excessive amounts of legal terms – the problem is not in you. The good contract must work. We know not just how to make such contract; we know how to make your counterparty sign it;
- implement effective policies of receivables management. The conflict of interests in the companies between managers of sales department, finance department and legal department regarding receivables is a common thing. This occurs due to the difference in motivation. Often the case ends up in lawyers’ too late. Risks can be avoided by simply contacting a lawyer for more information about the counterparty, because, firstly, we can see more, and secondly, we are not motivated only by the volume of sales or just the reduction of accounts receivable. The success of the company as a whole is important for us;
- properly build a marketing strategy. One would think, what is that to lawyers. But there is work to do, because, for example, negligence in the selection of design and content of a label may be grounds for claims by Antimonopoly Committee concerning unfair competition or misrepresentation of the consumer. Development of the distribution network is quite a challenge, especially when you realize that the controller can find signs of anticompetitive coordinated practices in the company’s actions . Also the lawyer can help you in fighting with competitors, which illegally use your trade mark, design, etc.;
- be careful when participating in public purchasing. Spending budget money is, on the one hand, the span of the special control of the state, and on the other hand is often not sufficiently transparent and competitive procedure, so it is a good practice to have the lawyer participated at all stages of purchasing;
- know and understand the requirements of the legislation on conformation of compliance and certification of products and production. Technical regulations are acts of legislation, they are written in such a language that are difficult to be grasped by anyone other than a lawyer. Legal requirements for the safe production are a tangle of confusing regulations you need to deal with, as the consequences may be unexpected. It is important “within reasonable bounds” to comply with fire safety regulations and health standards, rules of waste management and emissions. It is scarcely ever enough to have the advice of a friendly “fireman” or other supporters;
- take care of the compliance with the requirements of labor protection. In this case do not repeat the mistakes of those companies that get down to labor protection only after an industrial accident. It is necessary to take time to develop the documentation system that minimizes risks, to train and brief, and not to endanger the director of the enterprise with the criminal proceedings;
- take into account the legal aspect of staff decisions. Ukrainian labor legislation of Soviet-style limits the abilities of the employer in all, including staff motivation. We look forward to its imminent reformation, and yet offer a cautious approach to issues of recruitment, dismissal, transfer, reduction, legal liability. If the lawyer is nearby, he will help to be firm and when necessary flexible in personnel matters, because he knows how to do it;
- interact with the state We have experience in protection of client’s interests in hundreds of inspections, audits, inquiries of regulatory authorities, other control, operative and criminal procedure activities. Our experience suggests that not all representatives of regulatory authorities spend taxpayers’ money effectively, and not always the aim of their visits, inquiries and demands corresponds to the tasks imposed to them by law. That is why we have a proposition for you – let us help them to become better and to spend our taxes effectively. We know how to do it without turning into “Don Quixotes”. The situation of communication with a representative of the state, in which the latter mainly interacts from the position of strength, does require the presence of the lawyer, who does not act on the stress factor, who is able to sum up the situation clearly and correctly, understands powers and possibilities of the official and has the tools to cooperate with him.