January 2023

The legal aspects of starting a business require a lot of attention to detail. Drafting contracts and other business-related documents are frequently necessary, and hiring a business attorney can make all these tasks easier. The entire body of laws governing commerce and sales is called business or commercial law. We will outline various commercial branches in this article and their primary areas of responsibility.

What exactly is commercial law?

Contracts, products/services, banking and insurance, finance, and taxation are all covered by commercial law. The rights and obligations of parties to various contracts, including agency agreements, guarantees, and arrangements for the carriage, purchase, and sale of goods, are covered by commercial law.

Without a commercial contract, transactions are difficult for all businesses. There would be no guarantee that the other party would uphold the transaction without a commercial agreement. Specific guidelines must be followed when creating these agreements under commercial law. The various branches of commercial law ensure that the court system upholds the business contract.

Different Branches of Commercial Law

Various branches of commercial law deal with commercial and financial transactions. Among the most important of them are contract, property, corporate law, intellectual property law, tax law, negotiable instrument law, and uniform commercial code.

1.        Contract Law

Contract law is one of the divisions of commercial law. Contract law contributed to the development of contracts, which are essential to any business. To build the business, agreements governing employee hiring, selling commodities, and partnerships, are essential. An attorney who focuses on contracts may help you with contract law and ensure the written agreement serves your company’s best interests. A contract’s parties’ rights and obligations are outlined and governed by contract law. When the contract complies with all applicable legal criteria, it is enforceable in court. Trade of commodities and services is covered by contract law. The party who has been wronged may seek legal redress in the event of a breach.

2.      Property Law

The transactions involving various categories of property are governed by property law. The sale, lease, rental, and transfer of immovable property are all covered by property law. Additionally, it includes bailment of movable property in its scope. It deals with the legal framework that controls many aspects of property ownership.

3.      Business Law

All enterprises, from small firms to the big ones, are governed by various tax rules. Business tax law is a subfield of business law that has an impact on all areas of business law. Taxes like excise taxes, employment taxes, and property taxes on your real estate business may influence your final choice. A commercial lawyer can manage the tax matters and assist in counseling the company on its tax eligibility.

4.      Antitrust Law

Commercial laws also aid in conducting business ethically. It aids in avoiding legal issues and guarantees a healthy level of market competition. It can be challenging to spot unfair practices in both small and large businesses with several owners. Antitrust legislation supports the business in commercial legal difficulties and aids in detecting moral dilemmas that arise in conducting business.

5.      Corporate Law

One area of law that deals with the formation, management, and dissolution of businesses is corporate law. It displays regulatory requirements for things like the selection of directors, capital structure, insider trading prevention, dividend distribution, share redemption, and mergers and amalgamations.

This law aids in the resolution of business disputes, including, among other things, employer-employee strikes, fraud and deceptive business activities, banking and finance, the real estate industry, and the international capital market. A civil body of laws with civil remedies normally governs the incorporation and operation of corporations.

6.      The Unified Commercial Code

A commercial legislation that several nations have adopted is the Uniform Commercial Code. A comprehensive set of laws governing consistency and fair dealing with transactions is known as a uniform commercial code, which commercial lawyers must ashere to. Both parties are given authorization and remedies. Furthermore, it contains clauses that deal with product sales, negotiable paper, bank deposits and collections, financing securities, and secured transactions.

The UCC also includes a number of guarantees that take the form of promises made by the seller to the customer on the standard or terms and conditions of the products. Consumers have two options in case of a warranty breach, contract cancellation, or damages claims.

7.      Intellectual Property Law

A subset of commercial law known as intellectual property law enables a company and its products to be separated from competing goods. A means for generating income, intellectual property grants the owner of a good or process legal ownership. To protect their intellectual property rights, every business depends on this area of commercial law, or intellectual property rights.

Should You Hire a Commercial Lawyer?

Commercial law disputes can be quite complex, so it’s frequently a good idea to speak with or employ a reputable company law attorney for your legal situation. Your lawyer can assist you in bringing a lawsuit and representing you in court, in addition to conducting research on your case and bolstering your legal position.

Therefore, commercial law and its branches have the most effects on business. Different commercial law areas contribute to business law development and offer several corporate benefits. When managing various business actions that improve the organization, it is simple to see how successful these regulations are.

Commercial Lawyers are more and more in need of international knowledge as capital markets become more globalized. A corporate lawyer’s capacity to give clients sound advice and satisfy the needs of Australian capital markets is improved by having a thorough understanding of international capital markets. 

Corporate law practitioners primarily handle transactional work and rarely appear in court. Others work as in-house attorneys for businesses and financial institutions, handling transactional work and resolving legal issues affecting businesses and their staff.

The majority of city law firms concentrate their practice on the broad subject of commercial law. When applying for training contracts, it is crucial to comprehend the several sub-areas of commercial law.

What Is commercial law?

Legal issues that may arise during business and commercial transactions are covered under this law. Tort law and contract law are its main areas of interest. Large corporations, governments, banks, insurance companies, and other clients visit commercial law offices. Legal counsel can be provided for any phase of business operation, from the beginning (forming a business) to the end (dissolving a company).

The area of law consistently thrives because it has a close connection to the economy and consequently impacts society as a whole. As a result, commercial law is crucial since it affects how enterprises are managed and how they contribute to the development of society. Additionally, it offers guidelines for companies and organizations to follow to ensure ethical behavior and prevent fraud.

What Do Commercial Lawyers Do?

Solicitors

Business customers typically make up the clientele of commercial attorneys. In light of this, a typical day can include tasks like reading contracts and revising them for clients, creating legal documents for organizations, and analyzing mergers of companies. High-level contract or licensing agreement negotiations may also be necessary on behalf of the customer. Because of this, the task varies quite a bit depending on your area of specialization.

However, many business lawyers are referred to as “in-house lawyers,” meaning they effectively have one client and typically handle the legal matters of the company they work for. When you work as an in-house attorney, as opposed to working for private practices (like the “Magic Circle companies” previously stated), which are typically far more high-pressure jobs, you can become more involved with commercial activities.

Barristers

Contract/tort suits are typical business disputes that commercial barristers deal with. Commercial barristers advise solicitors on how to assist clients through litigation and help them get ready for what the opposing might say. Due to the fact that commercial cases typically contain a lot of facts, there is a lot of documentation in these cases. A barrister would collaborate with solicitors to ensure the documentation is correctly managed. There are many areas of specialization within commercial law as well, such as banking and finance, contract disputes, tax, and much more.

What Distinguishes Corporate Law from Commercial Law?

Corporate law is a subset of commercial law that focuses exclusively on businesses, while commercial law is a more general practice that includes issues like intellectual property, franchising, and litigation.

How to Become a Commercial Lawyer

If you’re considering a career as a corporate lawyer, keep in mind that due to the great demand for this area of law, hiring managers frequently have very high standards. Employers pay close attention to the following:

Someone who knows the law but also has an extensive understanding of business and the market is said to have “commercial awareness” (i.e., staying current on what is occurring in the business world and how the law is being used in the commercial world).

Commercial awareness is crucial since it will set you apart from the other highly qualified law students applying for the same position. Commercial awareness goes beyond simply reading the news, being current on events in the business sector, and then regurgitating what you have read. When exhibiting commercial awareness, you must have comprehended what you have read and developed an opinion; otherwise, it will merely be a repetition of data.

Like in all aspects of the legal profession, employers are seeking:

·                 clever and ambitious people seeking employment in a fast-paced workplace

·                 candidates who are eager to put in a lot of effort and overtime at work

·                 extensive research abilities,

·                 The capacity to preserve client relationships to grow the firm’s company. Therefore, it makes sense that someone who is open to speaking with a wide range of people would be important.

Common Routes into Commercial Law

A training contract is the most typical entry point into the field of commercial law. Since many of the big companies specialize in commercial law, obtaining a training contract might be beneficial to securing a job at one of these elite firms. Since it’s such a competitive field, employers typically look for candidates with as much work experience as possible. Training contracts generally are secured if you’ve also completed a vacation program. You can network with other firms and leading attorneys through training contracts while getting a sense of how large companies operate. Training contracts will pay for your LPC (Legal Practice Course) to enable you to practice law completely. The greatest places to look for such possibilities are on company websites and careers pages.

Work Experience in Commercial Law

Work experience should be your first consideration when considering how to become commercial lawyers. Due to the prominence and level of competition in this field, it is crucial for anybody interested in it. Candidates who have participated in vacation schemes often stand out because they offer a valuable window into the workings of law firms.

It is typically stated that acquiring a training contract (as an entry point into the world of work) is easier if you have finished a vacation scheme. Therefore, it is also an excellent method to network and meet prospective future employers. You can shadow attorneys thanks to opportunities like these, which can help you learn more about the qualifications needed.

Though having vacation schemes might be helpful, they are typically more challenging to obtain due to their high demand.

On the other hand, any work experience is beneficial, and employers may even favor non-legal work experience. It can sometimes be sufficient to demonstrate to employers that a candidate has initiative and a will to work hard if they can demonstrate that they have mastered many transferable skills.

Commercial Law Firms

In Australia, several law firms exist. Allens, Ashurst, Clayton Utz, Corrs Chambers Westgarth, Gilbert + Tobin, Herbert Smith Freehills, King & Wood Mallesons, and Minter Ellison are a few of them. These are all commercial law firms and the most prestigious ones. Without question, it is a very competitive sector of law, one that many undergraduates aspire to work in. For many people, the added benefit that it may be a very well-paid career makes it quite alluring.

Related: Important Branches of Commercial Law