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Rise Up In Business is THE law and business podcast for small business owners. If you’re looking for interesting business and legal insights, information, tips, and tricks - without the dull legal jargon - this is the podcast for you. Tracey Mylecharane i

Tracey Mylecharane


    • Jun 3, 2025 LATEST EPISODE
    • every other week NEW EPISODES
    • 15m AVG DURATION
    • 208 EPISODES


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    Latest episodes from Rise Up In Business

    The Life Experiences That Made Me A Better Lawyer

    Play Episode Listen Later Jun 3, 2025 22:51 Transcription Available


    In this deeply personal episode, I'm sharing the most vulnerable stories from my legal career that I've never told before on the podcast. While I've always been open about my passion for educating business owners and my experiences in litigation, today I'm revealing the profound personal moments that truly shaped me into the lawyer I am today. I'm pulling back the curtain on three pivotal experiences that fundamentally changed my approach to law and business.I take you through my early career straddling commercial litigation and criminal law, including a particularly challenging moment when I was assigned to a disturbing criminal case simply "because we need a girl." This experience forced deep reflection on my purpose and became the catalyst for aligning my legal practice with soul-led work. I also share the heartbreaking story of witnessing a business owner lose everything—his company and family home—due to neglecting proper legal advice, which cemented my belief that "prevention is better than cure." The most personal revelation involves losing both my parents to cancer, complicated by geographical barriers to quality medical care in rural New South Wales, which sparked my determination to champion accessibility in law.My hope is that sharing these stories will resonate with your own experiences or inspire new directions in your journey, demonstrating how life's most challenging moments can become the driving force behind our most meaningful work.LINKS:Episode Website: https://tmsolicitor.com.au/rise-up-in-business-podcast/the-life-experiences-that-made-me-a-better-lawyer Sign up for my fortnightly Briefing Notes hereDiscover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist hereBook a Free 20-minute Initial Consult with me hereJoin me on Instagram here

    When Being 'Nice' in Business Contracts Backfires

    Play Episode Listen Later May 20, 2025 21:41 Transcription Available


    I talk to business owners quite regularly who think they're doing their clients a favour by keeping their legal contracts short and sweet. However by trying to be "nice", they're doing more harm than good.I get it. You want to be approachable, you don't want to overwhelm clients with "legalese” and scare them off with a huge document that looks too formal.But providing your clients with a short and sweet contract is not setting them, or you, up for success. Today I'm sharing three areas where I see contracts backfire when business owners are just trying to be nice.Managing ExpectationsYour client agreement needs to clearly outline:Exactly what you're delivering (and what you're not)How additional requests will be handled and billedWho owns the intellectual propertyWhat happens if either party needs to end the relationshipIntellectual propertyWithout clear language addressing intellectual property ownership in your agreement, you're often left without recourse. The client feels entitled to use your work however they want because those casual discussions weren't documented properly. Your intellectual property is one of your most valuable business assets. Protecting it isn't being difficult - it's being smart.Contractor ComplicationsRecent legal changes have transformed the contractor-employee landscape, and generic templates simply won't protect you.Each contractor relationship needs a tailored agreement that reflects the specific nature of your working relationship. Without this, you're exposing yourself to potential misclassification claims that could cost you dearly.Reframing "Nice" as "Professional"By clearly outlining expectations, deliverables, and boundaries, you're showing that you value both your work and your client's time. You're eliminating the ambiguity that leads to disappointment and disputes.This isn't about creating cold, intimidating legal documents. Your terms and conditions can absolutely reflect your brand's personality and warmth. In fact, tailored T&Cs give you the perfect opportunity to showcase your unique approach while still providing proper protection. From your choice of language to how you structure your client communications around these agreements, you can maintain your personability while establishing professional boundaries.Remember: a comprehensive agreement isn't a barrier to conversion – it's a demonstration of your professionalism that can actually enhance client confidence.You can be both kind AND professional. In fact, the kindest thing you can do for your clients (and yourself) is to start with crystal-clear expectations.LINKS:Sign up for my fortnightly Briefing Notes hereDiscover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist hereBook a Free 20-minute Initial Consult with me hereJoin me on Instagram here

    Why Business Coaches Get It Wrong...

    Play Episode Listen Later May 6, 2025 17:26 Transcription Available


    Something quite concerning that I see almost weekly in my business is when business coaches overstep and get it wrong.A great business coach is invaluable for growth and strategy but when it comes to legal advice, there is a hard line and they should not be crossing it. More often than not, business coaches inadvertently step into legal territory with good intentions and a desire to help their clients, but a great business coach will know when they are stepping beyond their areas of expertise. At this point, the best way to help their clients is to refer them to a business lawyer or accountant.Today I'm sharing 5 areas where I see business coaches overstepping and providing legal advice and the red flags you should look out for.1. Business Structure Decisions"Just stay as a sole trader" might sound like simple advice, but it's far from it. Your business structure affects everything from tax obligations to personal liability. This isn't coaching territory - it's a decision that needs both legal and accounting expertise. 2. Employee vs. Contractor The distinction between employees and contractors isn't just about work arrangements - it's about legal obligations, rights, and responsibilities. With laws constantly changing, this is one area where well-meaning coaching advice could lead you down a costly path.3. Late Payment PenaltiesYour business coach wants to make sure you get paid what you deserve but before you implement that late fee system they suggested, pause. Under the law, you cannot impose payment penalties for late payments. Getting this wrong could make your entire contract void. This is where you really need to work with a business lawyer to create payment terms that protect your business while meeting your legal obligations.4. Termination ClausesSince November's legal changes, termination clauses have become more complex than ever and this isn't something you want to get wrong. While a coach might understand business relationships, the legal intricacies of contract termination need professional legal oversight. Your business deserves protection that stands up in court.5. TemplatesTemplates might seem like a money-saving shortcut, but generic solutions do not provide the protection that your specific business needs. Every business is unique, even within the same industry, and your legal documents should reflect that. This is something I consistently get asked about and my answer is always the same - it is absolutely vital that your legal documents are properly tailored to your unique business. Business coaching is about growth, strategy, and development. Legal advice is about protection, compliance, and risk management. Both are crucial, but they serve different purposes.So, if you are working with somebody or considering working with somebody who might be veering into areas that are outside their expertise, my advice, business owner to business owner, is to stop there. Pay attention to the red flags and move on before any real damage is done.LINKS:Sign up for my fortnightly Briefing Notes hereDiscover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist hereBook a Free 20-minute Initial Consult with me hereJoin me on Instagram here

    The Power of Pause : 5 Questions That Could Transform Your Business

    Play Episode Listen Later Apr 22, 2025 16:06 Transcription Available


    With the first quarter rush easing, this time of year gives us a moment that's rare in business - a natural pause. Personally, I take this time of year as an opportunity to look at my business with fresh eyes by asking myself 5 powerful questions. I encourage my clients to ask themselves these same questions to gain a sense of clarity on where their business is at. So before we dive back into the daily rhythm of client calls and content creation, let's use this breather to ask ourselves five questions that could shift not just how we work, but why we work the way we do.1. Am I Doing the Work I Love? And is it profitable?Let's be honest - not every client project makes your heart sing, but there should be a spark in most of what you do. Take a look at your current projects. Do they energise you, or are you dragging yourself to your desk each morning? The sweet spot is where your passion meets your clients' needs - and yes, your bank account's needs too.Speaking of bank accounts - passion projects are great, but they need to pay the bills. Look at your revenue streams with clear eyes. Which services are actually making you money and which ones are you holding onto because you "should" offer them? Sometimes the most loving thing you can do for your business is to let go of what's not working.2. Are My Client Agreements Up to Date?Your client agreements are like the foundation of your house. You don't think about them until something starts creaking. Take a quick look at yours. Do they still reflect how you actually work? If not, it's time for a chat with your business lawyer to update them.3. Is the Business's Profitability Where It Needs to Be?This goes deeper than just checking your revenue. Look at those sneaky subscriptions you signed up for last year. Review your pricing - are you still charging what you did when you started, even though your expertise has grown? Sometimes the smallest tweaks can make the biggest difference to your bottom line.4. Have I Documented All Handshake Agreements?We all love those exciting conversations that end with a handshake and a "let's do this!" But here's the thing - memories fade, and expectations can shift. Take those verbal agreements and get them in writing. It's not about trust; it's about clarity.5. Have I Got Policies in Place for the Biggest Risks in My IndustryIt's crucial to assess risk management within your business. Do you have policies in place for the biggest risk areas, such as cybersecurity? As vulnerabilities grow, having clear policies and secure contract terms with your contractors becomes essential.I encourage you to use this natural pause to realign, readjust, and maybe even reimagine what's possible for your business in the months ahead.What's one question from this list that resonates most with you right now?LINKS:Sign up for my fortnightly Briefing Notes hereDiscover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist hereBook a Free 20-minute Initial Consult with me hereJoin me on Instagram here

    How Missing T&Cs Quietly Erode Your Profits

    Play Episode Listen Later Apr 8, 2025 16:16 Transcription Available


    Let's talk about something that might be costing you serious cash - your business Terms and Conditions. While your eyes might glaze over at the mention of T&Cs, today we're diving into the sexy side of contracts: money. Specifically, how proper contracts can stop your hard-earned profits from silently slipping through your fingers.When it comes to profit erosion, there are two kinds: obvious and sneaky. When your T&Cs aren't watertight, you're facing everything from scope creep to disputed invoices and straight-up bad debts. But it gets worse. The hidden costs are killing your business too: legal fees from disputes, precious time wasted on problems that could've been prevented, damaged client relationships, and team burnout from dealing with unhappy clients. All of this could be avoided with properly tailored contracts.The solution isn't just about having any old T&Cs - it's about having the right ones for your business. Your contracts need to be as unique as your business, and you need to know exactly how to use them.Key Points:Why generic T&Cs are costing you moneyThe hidden costs of poor contractsHow to protect your profits with proper agreementsCommon contract myths debunkedPractical steps to implement strong T&CsQuestions of the Week I Answer: 1. What's the difference between contracts, agreements and T&Cs?2. Should I display my business T&Cs or client agreements on my website?So, consider this an invitation—not just to review the legal framework of your business—but to think about your profits and how to protect them. Properly tailored T&Cs aren't just about avoiding lawsuits. They're about ensuring that your hard-earned money isn't slowly disappearing due to preventable missteps.LINKS:Episode Website:  https://tmsolicitor.com.au/rise-up-in-business-podcast/how-missing-tcs-quietly-erode-your-profitsSign up for my fortnightly Briefing Notes hereDiscover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist hereBook a Free 20-minute Initial Consult with me hereJoin me on Instagram here

    The Hidden Force Behind Business Growth

    Play Episode Listen Later Mar 25, 2025 20:33 Transcription Available


    When I start working with a new client, a question I frequently ask is: "What do you want to achieve in this next season of your business?" Nearly every time, the responses revolve around gaining more clients, revenue or growth. Yet, the tool that most powerfully supports this growth is often misunderstood—the legal documents.I get it - legals aren't the most exciting part of the business growth journey. But legal documents that are tailored specifically for you are a powerful undercurrent in your business that ensure not just protection, but propel you towards sustainable success. To me, they are vital. In this episode, we're talking about:- Why your legals are the hidden force behind your business growth- Guarding against legal pitfalls- Creating seamless client journeys with your legals- The cost of misaligned legal documents- Q&A: Legal document length and refund policies If you haven't looked at properly tailoring your legal documents for your business, I encourage you to reconsider the vital role they play in growing a sustainable business. If recognised as the powerful tools they are, they will consistently support your vision for growth.If you need help getting your legals done right, feel free to reach out. Let's get you started on your journey to accelerated growth in business!LINKS:Episode Website:  https://tmsolicitor.com.au/rise-up-in-business-podcast/the-hidden-force-behind-business-growthSign up for my fortnightly Briefing Notes hereDiscover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist hereBook a Free 20-minute Initial Consult with me hereJoin me on Instagram here

    Changes To The Law You Need To Know

    Play Episode Listen Later Mar 11, 2025 15:19 Transcription Available


    Keeping up with legal updates can be overwhelming and confusing. If you're like most of my clients, you've probably felt unsure about where to source reliable information. With the huge amount of content floating around online, it's easy to get lost in what's accurate and applicable to you. So, today I'm guiding you through some critical legal changes you need to be aware of as a service-based small business owner. Wage ComplianceOne topic gaining significant attention is wage compliance. As of 1st January, intentionally underpaying employees is now a criminal offence. If you're uncertain about your compliance, I strongly encourage you to consult the Fair Work website, particularly the Voluntary Small Business Wage Compliance Code. Making sure you're on the right side of this law is crucial so engage your accountant or legal team to ensure you're meeting all necessary standards.Understanding Privacy Law OverhaulsThe privacy legislation is outdated and the current exemptions for small businesses are going to be removed, which means privacy compliance is not an option - it's a necessity. You need to have a compliant privacy policy accessible on the home page of your website, showcasing transparency with your clients about how you handle their data. Particularly in this climate where more and more people are doing things online, being crystal clear on your compliance with the way you manage personal data is essential. The Right to DisconnectDon't worry - you're not going to jail if one of your employees gets an email from a client out of business hours. But make sure that you start discussions with your team now to establish clear after-hours communication policies. Understanding what's reasonable in your specific context is crucial to ensuring compliance.Industry Specific - Tax and BAS agentsFor tax and BAS agents, new mandates from 1st July will require stricter adherence to record-keeping and quality management standards. Ensure your documents, disclosures, and client agreements reflect these changes. There is a lot of information here, so if you're overwhelmed by everything you need to go through, my advice is to make a list and start from the top. Industry Specific - Interior DesignersFor those in construction or interior design, pay attention to the ban on importing certain engineered stone products like benchtops, panels and slabs. You have a positive obligation now to know what's banned and what's not. Make sure you keep this front of mind when making selections with your clients.Unfair Contract TermsIt's absolutely vital that your client service agreements do not include any unfair contract terms, particularly when it comes to your termination clause. If there are any unfair terms, your entire contract will be considered null and void and you'll have absolutely nothing to stand on.With everything when it comes to business law, staying compliant involves constant vigilance and surrounding yourself with the right professionals. If you're unsure about any changes to the law, feel free to reach out. I'd love to help.LINKS:Sign up for my fortnightly Briefing Notes hereDiscover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist hereBook a Free 20-minute Initial Consult with me hereJoin me on Instagram here

    AI & Business Contracts - should you go there?

    Play Episode Listen Later Feb 25, 2025 17:03 Transcription Available


    Let's talk about AI and business contracts. If you're like me, you're always on the lookout for tools that could streamline our work processes, save us time and of course, save us a bit of money. But when it comes to something as critical as business contracts, should we actually entrust this task to AI? This discussion is more important than ever, considering AI is becoming an indelible part of our lives, whether we like it or not.To give you some context, when I talk about AI in this realm, I refer to the likes of generative AI and anthropic AI, such as chatbots like ChatGPT and Claude AI. They're great at churning out content, but when the stakes are high and involve the legalities of business contracts, there's a lot to consider. Today, we'll unpack some of the looming questions around AI, exploring: - Whether AI should have a role in developing business contracts- The risk of breaching confidentiality when using AI for automating business contracts- The importance of incorporating human knowledge into AI contract review and analysis- The positive side of AI in businessWhile AI offers some intriguing prospects, when it comes to the complexities and nuances of business contracts, I would advise caution. The technology isn't yet advanced enough to replace the tailored, up-to-date expertise required in legal practices. As we tread this fast-moving landscape, let's focus on harnessing AI to benefit our businesses, but always within the parameters of due diligence and legal compliance.LINKS:Episode Website:  https://tmsolicitor.com.au/rise-up-in-business-podcast/Discover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist hereBook a Free 20-minute Initial Consult with me hereJoin me on Instagram here

    What Makes An Excellent Contract?

    Play Episode Listen Later Feb 11, 2025 25:13 Transcription Available


    It's the 200th episode of the Rise Up in Business podcast and I want to celebrate by talking about one of my all-time favourite topics—contracts. They're not just a legal requirement to get out of the way. When done right, they can be a powerful tool for navigating the stress and success of running your own business. So what's the difference between an ineffective contract, and an excellent one? Well, the first thing to remember is that your contracts belong to you—yes, even if a lawyer drafts them. They're an extension of your business brand. It's so crucial to ensure they look and sound like your business. Imagine presenting a 42-page contract drafted in indecipherable jargon to your clients. Is that a good look? Absolutely not. Instead, we want to create contracts that are on-brand, understandable, and worthy of pride. This is your business's voice, after all.When I'm drafting or reviewing contracts, I focus on the following four pillars of excellence: 1. ProtectionContracts must provide security for both parties involved. It's not just about warding off potential issues for yourself but also about setting clear expectations for your clients. This includes detailing the services offered, setting boundaries, and clearly defining terms to avoid what's known as scope creep.2. ClarityThe primary purpose of a contract is to lay down clear expectations. Define responsibilities, timelines, and terms of payment explicitly. By doing so, you can avoid surprises and ensure that both parties are aligned in terms of what is expected.. Not only does it help you navigate misunderstandings, it makes sure you preserve the relationship too! 3. PracticalityContracts need to work practically in real-world scenarios. Whether dealing with situations where a client defaults on payments or adjusting the scope of work, your contract should provide a clear framework for these eventualities. By doing so, you empower yourself to act confidently without the fear of overstepping legal boundaries. 4. FlexibilityAllow your contracts room to breathe and grow with your business. They should be adaptable enough to accommodate changes without requiring a total rewrite every time your business takes a new direction.Once you've considered these pillars, you also need to be wary of common 'contract killers' that could sabotage your efforts. Unnecessary formality, missing essential clauses, unenforceable provisions, and inconsistent terminology can all undermine your contract's effectiveness and your professionalism. So get help from a professional who can make sure your contracts are legally compliant and reflect your brand. Ultimately, excellent contracts are your most crucial business tool. They underpin growth, protect against risk, ensure you get paid, and help navigate tricky situations. Whether it's a client service agreement, employment contract, or website terms, the principles remain the same. Make sure they're clear, protective, practical, and flexible.LINKS:Episode Website:  https://tmsolicitor.com.au/rise-up-in-business-podcast/what-makes-an-excellent-contractDiscover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist hereBook a Free 20-minute Initial Consult with me hereJoin me on Instagram here

    Moving from Corporate to Consultancy? These are the most common questions I am asked.

    Play Episode Listen Later Jan 28, 2025 23:06


    Ready to leave behind the corporate grind and become your own boss? You're not alone!Over the last year, I've seen a big increase in clients seeking my guidance as they set up their own businesses. They come from various industries, each with unique skills and backgrounds, but they're all asking the same question: "How do I successfully make this leap?"I absolutely love answering this question and helping budding business owners feel confident and secure as they set out on their journey. Which is why today I'm breaking down what you need to consider from a legal perspective when moving from corporate to consultancy.1. Your Business Structure: Choosing the right business structure isn't just a box to tick; it's a foundational decision. I see a lot of people jump in as a sole trader to 'test the waters', thinking they can reassess later.  But I can't stress enough how important it is to get this right from the start! Each option carries its own set of risks, so it's crucial to understand which path suits your industry and personal goals best. I know it can feel overwhelming, so get help from a knowledgeable business lawyer or accountant to work out what will work best for you!2. The Necessity of Insurance:The question isn't whether you need insurance or not (you do), but what kind of insurance you need. Insurance protects your enterprise from unforeseen liabilities, and some larger clients wont work with you if you don't have it. Connect with a reliable insurance broker to work out what policies suit your needs. They can walk you through the nuances of different policies and help you choose the best fit without relying on anonymous online templates.3. Guarding Your Intellectual Property: When you're taking the plunge to start your consultancy, it's vital to consider your intellectual property (IP). What ideas and materials are you bringing into your new business, and are they truly yours to use? Beyond identifying what you can legally use, we must also look at how best to protect your IP. By setting clear parameters for sharing and using your IP, you can prevent conflicts and ensure your ideas remain yours4. Regulatory Compliance:Don't underestimate the importance of regulatory compliance, particularly if your industry demands specific licences or certifications. In the corporate world, these were often managed for you, but now it's your responsibility. Be sure to fully understand your obligations to avoid any unwelcome surprises.5. Client Service Agreements: Many new business owners feel uneasy about presenting their own agreement, wondering if they should simply use the client's, but this is a recipe for trouble. Work closely with your business lawyer to craft an agreement that reflects your business ethos and protects your interests. It should detail service scope, payment terms, confidentiality, IP usage, and termination conditions.6. Pitfalls to watch out for:Never rush into accepting revisions to your agreement just to secure a client. Take the time to seek legal advice and understand the implications fully.Beware the handshake agreement! It doesn't matter if they're a stranger or a long-time friend, every client should go through the same onboarding process to ensure nothing falls through the cracks.Steer clear of using template agreements that might not suit your business. They might seem cost-effective at first, but tailored documentation is the way to ensure comprehensive protection. So remember, transitioning from corporate to consultancy is a significant move, and it's perfectly normal to seek guidance on this path. If you've still got questions or want more tailored advice, reach out. I'm here to help you make this journey as smooth and successful as possible!LINKS:

    Starting fresh with Aligned Clients + Ending Client Contracts

    Play Episode Listen Later Jan 14, 2025 14:34 Transcription Available


    As we find ourselves in this time of year ripe with fresh starts and renewed perspectives, I wanted to share an important conversation I'm having frequently: aligning with the right clients and parting ways where necessary. Letting go of clients who no longer align with our evolving goals can be tough. I know from stories shared by many of my lovely clients that this can be quite daunting. You feel that dreaded stomach drop at the thought of having "the talk,".Let me assure you, you are absolutely not alone. Every business owner faces this at some point in their journey. Wanting to work with more aligned clients is a positive indicator of growth—it's a necessary part of evolution. Recognising misaligned client relationships isn't a reflection of carrying out something incorrectly; it's merely an acknowledgment of normal progress. Think of it like ripping off a Bandaid; the quicker the better. The more we stress over it, the worse it seems. Today, I'm taking you through the practical steps to best approach this delicate process:1. Assess Your Client Service Agreement2. Plan Your Exit Strategy3. Consider the Handover Process4. Communicate Transparently5. Follow Through with IntegrityBy framing the process as an opportunity for both parties, letting go of misaligned clients can become a mutually beneficial step. Terminating a contract doesn't have to be awful, and when handled with care, it can reinforce your brand's integrity and values. I believe that both you and your clients deserve to thrive in partnerships that excite and inspire. If you need assistance or feel out of your depth, don't hesitate to reach out. You don't have to navigate these waters alone. Remember, your support network can be instrumental during these challenging times.LINKS:Episode Website: https://tmsolicitor.com.au/rise-up-in-business-podcast/starting-fresh-with-aligned-clients-ending-client-contractsDiscover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist hereBook a Free 20-minute Initial Consult with me hereJoin me on Instagram here

    The Power of LinkedIn for Service-Based Businesses, with Amy Smith

    Play Episode Listen Later Jan 7, 2025 28:46 Transcription Available


    As we step into a fresh year, there's often an energy, a spark, a readiness to tackle the things we've previously put off. And if you're anything like me, one of those things you've been delaying getting stuck into is your digital presence. Specifically, LinkedIn. For years, I eyed LinkedIn from a distance, slightly overwhelmed and uncertain about how to start, until the end of last year when I decided it was time for a change. And today, who better to help guide us in navigating these sometimes murky waters than Amy Smith, an online business coach for service-based business owners and someone whose insights I hold in high regard.Amy also happens to be a LinkedIn marketing specialist, helping business owners, coaches and consultants to grow their businesses and brands online. She has personally grown her own LinkedIn profile to over 30,000+ 1st degree connections and has had over a million interactions on her content on the platform.One of Amy's key pieces of advice is to niche beyond the niche. By narrowing your focus, you position yourself as the go-to expert in that space, attracting the premium clients we all desire.Once your profile is polished and primed, the next step is content creation. Think of them as content lanes – themes around which your expertise and message revolve. Amy uses the analogy of bowling with bumper guards, ensuring your content stays on track rather than veering off into every trend that catches your eye. Stay in your lane, and talk to your dream client as though they're the only one listening.Is success measured by connections, engagement, leads, or conversions? Amy cautions against getting too caught up in numbers like total connections. Instead, focus on building quality connections with people directly relevant to your niche.Amy has been a treasure trove of information, and these insights are just the beginning. If you've been holding back, unsure where to start with LinkedIn, now's the time to dive in. Her full guide and more can be found on her website amylsmith.com, and she's also active on LinkedIn for more real-time tips and support.So, drop me a line or shoot me a DM to let me know your thoughts on how you'll make the most of this powerful digital platform.Will LinkedIn form part of your strategy this year? LINKS:Connect with Amy: Website: https://amylsmith.com/ LinkedIn:https://www.linkedin.com/in/amylsmithcoach/ Episode Website:  https://tmsolicitor.com.au/rise-up-in-business-podcast/the-power-of-linkedin-for-service-based-businesses-with-amy-smithDiscover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist hereBook a Free 20-minute Initial Consult with me hereJoin me on Instagram here

    The BIGGEST lesson I've learned in business

    Play Episode Listen Later Dec 31, 2024 14:33 Transcription Available


    As we step into the new year brimming with potential and opportunity, I find myself reflecting deeply on the lessons that have shaped my journey. I hope your festive season was everything you wished for, filled with joy, relaxation, and precious moments with loved ones. As we transition back into the hustle and bustle of business, I want to share a revelation that has been pivotal for me—a lesson that even after nearly six years in my current business and over a decade earlier in litigation, I continually revisit. It's a lesson in boundaries and the complex dynamics between business and friendship.As accidental friends—those we perceive as more than mere contacts due to regular business interactions—the line between professional relationships and personal friendships can blur all too easily. For years, I found myself repeatedly grappling with the notion that business partnerships meant true friendship. It was a cycle that led to misunderstanding whenever those connections inevitably shifted once the professional tie ended.Perhaps you, too, have felt the strain of relationships built solely on business endeavours. Rather than exhausting you, understanding this lesson can be empowering if used as a catalyst for personal growth. Acknowledging this challenge doesn't diminish your care or moderation but rather enhances the quality and sustenance of both your work and personal relationships.As we embrace this year, let's enter it with newfound awareness and openness to learning. Establishing clear boundaries in business helps not only in thriving professionally but also in managing personal energy efficiently. This clarity can transform disappointment into gratitude for the lessons learned, guiding healthier interactions.Discover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist hereBook a Free 20-minute Initial Consult with me hereJoin me on Instagram here

    My End of Year Reflection + Reset Process

    Play Episode Listen Later Dec 17, 2024 22:18 Transcription Available


    As we near the end of another year, it's a time filled with joy and festivities that naturally lend themselves to reflection and renewal. I've managed to create a smooth transition into this season, and while it hasn't always been seamless, I've learned to cherish this time as an opportunity to reset and prepare for the year ahead. Today, I'm sharing with you my process for doing just that. This reflection process is something I hold dear and has been a key component of my personal and professional growth. Reflecting on past experiences, it's evident that a year-end reset didn't happen by accident. It's a meticulous process I've cultivated over nearly six years since starting my business, focusing on reflection and resetting to bridge the gap between where I am and where I want to be. As a business owner juggling various responsibilities, my life is not only about work but also about maintaining harmony between business and personal commitments. Practices like journaling allow me to explore ideas and understand the meanings behind my actions, helping me achieve clarity and purpose. It provides the grounding I need, especially during my reflection periods.Reflecting back on previous years, I identify areas of struggle or imbalance, such as the enormous guilt associated with taking personal time away from work. In overcoming this, I now permit myself guilt-free joy and relaxation, understanding that personal wellbeing directly impacts business health. This year, I even avoided the pitfalls of past burnout phases by recalibrating my expectations and redefining success metrics to focus more on personal satisfaction and less on rigid, financial achievements.My reflection and reset process isn't a once-a-year exercise but an ongoing series of check-ins, a connection with my soul's goals and life priorities. I've poured a lot of thought into sharing this process with you, and hope you find it enriching and applicable as you reflect on your own journey.Thank you for joining me in this reflective space. If you've found value in my journey, I encourage you to share this reflection with a friend or colleague, helping to spread inspiration and insight. Until next time!LINKSEpisode Website:  https://tmsolicitor.com.au/rise-up-in-business-podcast/my-end-of-year-reflection-reset-processDiscover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist hereBook a Free 20-minute Initial Consult with me hereJoin me on Instagram here

    Holiday Parties and the Law: What Every Business Owner Should Know

    Play Episode Listen Later Dec 10, 2024 12:19 Transcription Available


    The end of the year is a time of celebration and joy, but as a business owner, it's important to remember that your legal responsibilities don't take a holiday. One aspect that requires careful consideration is the end of year Christmas party. In today's episode, I'll provide you with some tips and tricks to ensure a safe and enjoyable event for everyone involved.The most important thing to remember is that your Christmas party is still a work event. This means that you have legal responsibilities towards your employees, even if they are not being paid for attending the party, and it's essential to be mindful of this fact throughout the planning and execution of the event.If you choose to serve alcohol at your end of year party, extra precautions are necessary. To ensure the safety of everyone, you need to provide a controlled environment for alcohol consumption. The best way to do this is to have someone with the appropriate qualifications serving drinks at your event. I'll talk about what to consider when choosing a venue. Opting for a venue outside of your premises can be a great way to ensure a safer environment. However, it's crucial to do your due diligence and understand the details of the venue so that you can mitigate potential risks and liability.It's important to clearly communicate to your team that the standard of behavior expected at the party should be no different from what is expected in the workplace. It's also helpful to establish a clear end time for the event, setting boundaries and allowing employees to plan accordingly.Secret Santa can be a source of potential issues in the workplace. To avoid any conflicts or uncomfortable situations, it's important to make it clear to all team members that the gifts exchanged should be G-rated and neutral. The gifts should be suitable for opening in front of family members to prevent any potential cases of discrimination or harassment. Humorous gifts, in particular, should be avoided, as humor can differ greatly from person to person, and what may be funny to some can offend others.Ultimately, the goal of an end of year celebration is to foster a sense of appreciation and joy while keeping your business and employees safe. By taking a proactive and mindful approach, you can create a positive and safe environment for your team, allowing everyone to ring in the new year with a clean slate and without legal headaches.Wishing you a joyful and risk-free end of year celebration!LINKS:Get your copy of my Annual Legal Checklist hereCheck out my Getting Paid Made Easy course hereWebsite:tmsolicitor.com.auInstagram:https://www.instagram.com/tmsolicitor/Book a Strategy Session with me here

    Design Dreams, Not Disasters: Why Systems Matter for Interior Designers, with Beth Bieske

    Play Episode Listen Later Dec 3, 2024 27:52 Transcription Available


      What separates a flourishing business from a floundering one? It's the often-overlooked systems and processes that run in the background. This week I sat down with Beth Bieske, of More Time To Design, to share how you can design processes that don't just support your business, but elevate it to the next level. If you've ever felt overwhelmed by the amount of tasks your juggling, this is the episode you can't afford to miss.Many people think of systems as merely a 'nice to have', but, as Beth pointed out, success is often lost without them. Whether it's expanding your team or gaining more personal time, the key is your systems and processes. Without them, you may very well be stuck in a loop, never quite advancing.If this sounds overwhelming, systems don't need to be elaborate of complicated to be effective. In fact, the simpler the better. Take for example the "pre-client process," which smooths out the process from initial inquiry to a signed contract.  This often neglected step won't just save time; it reduces the mental strain of overthinking every new client engagement.Picture this: an inquiry lands in your inbox. With a strong system in place, you're armed with ready-made templates that guide the potential client journey smoothly from discovery to contract signing. Beth shares that knowing your next step, at every stage, brings an incomparable peace of mind and boosts productivity.Importantly, these systems are not just about improving efficiency—they are about elevating client experience. When you roll out the red carpet for clients and exceed their expectations, they become your biggest fans and recommend you to their crowd. Who wouldn't want that?Many designers Beth encounters tend to overcomplicate their processes. Instead, she suggests keeping it simple and clear. Start by thinking about how you'd explain your process to someone else, and avoid reinventing the wheel. Say your process out loud—does it sound too convoluted? If so, it's time to streamline.So as the holiday season draws in, take a moment to think about the processes in your own business. If there's a task that you dread or one that seems disorganised, that's your signal to implement a streamlined system, or possibly even outsource it. Time saved here can be used to focus on the creative aspects you love.LINKS:Connect with BethInstagram: @more_time_to_designWebsite:    www.moretimetodesign.com/Episode Website:  Episode Website:  https://tmsolicitor.com.au/rise-up-in-business-podcast/design-dreams-not-disasters-with-beth-bieskeDiscover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist hereBook a Free 20-minute Initial Consult with me hereJoin me on Instagram here

    The Year-End Balancing Act: Gliding Over Grinding, with Emma McQueen

    Play Episode Listen Later Nov 26, 2024 27:47 Transcription Available


    As we approach the end of another bustling year, I find myself reflecting on the ever-persistent drive we all feel to finish the year on a high note - that need to grind, achieve and finally collapse into the festive season.It's a cycle we're all too familiar with, yet one that Emma McQueen, my brilliant friend and business coach, and I are determined to disrupt. Emma, who many of you might remember from our previous conversations, joins me again to chat about how we can aim to glide instead of grind as the year wraps up.I'm sharing my wins in terms of setting myself up for success at this time of the year and Emma shares some insight and little tips and tricks on how she achieves the glide over the grind.We talk about strategic planning in advance: while I found my own tactic of starting my planning for the coming year in September, Emma maps out her 2025 goals way back in July! It all goes towards creating that all-important feeling of spaciousness.As business owners, the hustle can be real - and constant. Incorporating joy into our daily routine is crucial. Emma uses the delightful phrase “pockets of joy” to describe these sprinkle moments that lift our spirits. Emma's BD Sprint, a fresh initiative, was another highlight of my year. This experience was catalytic, reinforcing my focus on business development rather than allowing it to slip to the bottom of the priority list. I share how maintaining consistency in this area has created a renewed energy for my business, ensuring each client interaction remains a joy, not a chore. Whether you're focusing on lining up your future business strategies or simply seeking daily joy, the key is to maintain that glide. Ditch the race to year-end burnout and embrace a balanced and fulfilling approach.Here's to finishing strong, not fast, and making the glide your new norm. LINKSPrevious episode mentioned: #135 Year's End: Glide or Grind, with Emma McQueenConnect with Emma:Instagram: @emmarmcqueenWebsite:https://emmamcqueen.com.au/Episode Website:  https://tmsolicitor.com.au/rise-up-in-business-podcast/the-year-end-balancing-act-gliding-over-grinding-with-emma-mcqueenDiscover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist hereBook a Free 20-minute Initial Consult with me hereJoin me on Instagram here

    3 ways to ensure you get paid in your creative business

    Play Episode Listen Later Nov 19, 2024 15:27 Transcription Available


    We all know cashflow is the cornerstone for every small business. So having processes in place to reduce your risk when it comes to setting your business up for success and getting your invoices paid is more important than ever.Let's face it: no one wants to go down the path of debt recovery because the time, energy and money associated with chasing unpaid debts usually far outweighs the value to the business.As you know, I'm all about prevention being better than cure in business, and about taking proactive steps to avoid having to call a lawyer later when something's gone wrong.So, today I'm sharing with you three tried and tested strategies that will protect your creative business and ensure you're getting paid on time, every time. We'll discuss the importance of tailored client service agreements to clearly outline what services you're providing and set expectations from the get-go. We'll explore having rock-solid processes and systems in place to follow through on the terms in your agreements, and how to give yourself the ability to stop providing services if invoice remain unpaid.By implementing these strategies, you position your creative business for consistent cash flow and prevent the messy, often costly, debt recovery process. I hope you find these tips invaluable in helping you stay focused on your creative genius, delivering stellar services to clients who are excited and willing to pay on time.LINKS:Episode Website:  https://tmsolicitor.com.au/rise-up-in-business-podcast/3-ways-to-ensure-you-get-paid-in-your-creative-businessDiscover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist hereBook a Free 20-minute Initial Consult with me hereJoin me on Instagram here

    Where to start when working with a business lawyer

    Play Episode Listen Later Nov 12, 2024 15:14 Transcription Available


    So, you want to work with a business lawyer. Or at least, you think it's something you should do.Where in the world do you start? There are so many different areas to consider when running a business, it's understandable business owners hesitate to invest their time and money into their legals. In my opinion, getting your legal documents in order and tailored specifically for your business is non-negotiable - and should be done with a professional. Like I always say: DIY is for Bunnings, not for your legals.So, let's explore why you should work with a business lawyer and where to begin when you decide to take the leap. I'll step you through the key areas that should be addressed:- Getting your client agreements in order- Knowing your processes- Getting your website documents right- Addressing the privacy policy- Contractor or employee agreementsIdeally, you want to reach out to a business lawyer proactively—to set up systems before challenges arise. However, if you find yourself in a pickle, legal help is essential. Once any urgent issues are resolved, focus on building a proactive defence with strong contractual foundations.I trust this guide makes it more straightforward for you to start collaborating with a business lawyer. Should you want a more personalised conversation, feel free to reach out—whether it's through a message on the contact page of my website or a DM on Instagram. I'm here to help in any way I can!LINKS:Essential Legal ChecklistEpisode Website:  https://tmsolicitor.com.au/rise-up-in-business-podcast/where-to-start-when-working-with-a-business-lawyerDiscover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist hereBook a Free 20-minute Initial Consult with me hereJoin me on Instagram here

    Protect Your Online Space - Why Website Ts & Cs Are So Important

    Play Episode Listen Later Nov 5, 2024 14:24 Transcription Available


    Do you really need website terms and conditions? You might have been told that these are just a “nice to have” or something you can copy from a template, but this couldn't be further from the truth. If you have a website, which I'm guessing you do, Website Ts & Cs are non-negotiable for protecting your online space. They're more than just text at the bottom of your page; they're your shield as part of your core legal documents.Your terms are what help people understand what they can and can't do on your website. It's about setting crystal clear boundaries and expectations—kind of like a digital set of house rules. 1. Intellectual Property Protection: Imagine someone screenshots your beautifully curated portfolio and passes it off as their own. Without the right IP provisions in your T's and C's, you could find yourself in a sticky situation. It's essential to make it clear: "Look but don't copy."2. Disclaimers and Liability Limitations: Your T's and C's should make it known that your site provides general information—not professional advice— and you're not liable if someone misuses it.3. Third-Party Links & Content Sharing: Whether it's affiliate links or sharing course content, clarity is key. Your terms should articulate what's permissible with third-party content and what's not.4. Mailing List Compliance: If you're building a goldmine of a mailing list—great! You just need to ensure that you are compliant with anti-spam laws, which should be reflected in your T's and C's. Your business, and therefore your website, is unique in its offerings and needs. So it goes without saying that tailoring your website T's and C's to fit your specific business model is a must. A beautifully tailored set of website terms and conditions will safeguard your brand and protect your intellectual property. This includes your portfolio work, your course content, your blog, your podcast content - everything and anything you create. With the right terms in place, you can confidently showcase your services, share your content, and build meaningful connections without fear of misuse or misunderstanding. So if you're serious about steering your business toward success, make sure your website T's and C's are as unique and robust as your brand itself.LINKS:Discover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist hereBook a Free 20-minute Initial Consult with me hereJoin me on Instagram here

    Is your contractor really an employee?

    Play Episode Listen Later Oct 29, 2024 12:43 Transcription Available


    Engaging independent contractors can be a fabulous way to help you serve your clients, offering flexibility and specific expertise to meet the unique needs of your business. But are you certain your contractors are truly that? Or could they be deemed as employees under the law? It's a tricky distinction with significant legal and financial implications and this is a topic that has increasingly come into the spotlight in recent years. Just because an arrangement is labelled one way doesn't necessarily mean it holds legally.Understanding Contractor CriteriaThe law considers various factors to ascertain whether an arrangement is genuinely that of a contractor:Delegation: Can your contractor delegate their duties? For someone to be classified as a contractor, the possibility of delegation must exist, even if it's theoretical. Do they use their own equipment? Genuinely independent contractors run their own businesses, using their unique set of skills and materials to provide a service to your business.ABN and insurance: Anyone who runs their own business must have their own ABN and insurance in place. Make sure you check this.Exclusivity: Does a sense of exclusivity penetrate your agreement? If so, your contactor might resemble an employee in the eyes of the law.Payment: Contractors typically issue invoices rather than being on your payroll. All of these elements must be crystal clear in a strongly tailored, independent contractor agreement that reflects your real-life arrangement. It's important to note that getting the distinction between contractor and employee wrong can lead to significant consequences. Confusion with Superannuation BenefitsOne particularly complex area is superannuation obligations. Under certain legislation, even genuine contractors might be eligible for superannuation benefits, meaning that if you've been treating an employee like a contractor, you might have to backpay all the superannuation benefits you've missed. For a small business, this has a huge impact on cash flow. Ultimately, as a business owner, understanding the distinction between contractors and employees is your responsibility. As I always say, prevention is better than cure so making sure you have the right agreements in place is the best way to protect your business and grant you peace of mind, saving you from potential pitfalls later on.Above all, I strongly encourage you to seek specialist advice from your business lawyer or accountant to make sure you are meeting your legal obligations concerning employees and contractors. As I always say, prevention is better than cure. LINKS:Discover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist hereBook a Free 20-minute Initial Consult with me hereJoin me on Instagram here

    Reframing the new Right to Disconnect rules, with Paula Maidens

    Play Episode Listen Later Oct 22, 2024 28:50 Transcription Available


    As business owners, we often find ourselves navigating a constantly evolving landscape of rules and regulations. But what if we could transform what seems like yet another layer of complexity into a unique opportunity for growth? I had the opportunity to sit down with the amazing Paula Maidens, a business owner I deeply respect and admire, to unpack the new Right to Disconnect rules. Paula runs a consultancy that specialises in helping business owners hire, build and transform high-performing teams. Her approach to business is as authentic as it is refreshing, making her the perfect guest to delve into the nuances of these new regulations.For so many business owners that I talk to, there's a lot of fear and uncertainty around these new rules relating to when they can contact their employees, and the expectations around when employees should respond. In this conversation, we discuss how there doesn't need to be a negative Nancy-type approach to these new Right to Disconnect Rules. Rather, there's an opportunity to reframe this change and motivate us to review our systems and processes, as well as our interactions with those we work with. Paula takes us through practical steps that can support us in this journey:1. Revisit Your Processes2. Evaluate the ‘Why'3. Set Clear Expectations4. Create Robust Systems5. Training and CommunicationWhile they can be seen as putting extra pressure on business owners, the Right to Disconnect rules can instead be a catalyst to cultivate a sustainable and respectful workplace culture. This is a prime opportunity to reassess and align your business operations with your core values and long-term goals.If you're uncertain about where to start, remember that conversation, communication and accessible resources like Paula's consultancy can be invaluable allies in this journey.Connect with Paula: Website: https://paulamaidens.com/ Instagram: @paulmaidensconsultingEpisode Website:  https://tmsolicitor.com.au/rise-up-in-business-podcast/reframing-the-new-right-to-disconnect-rules-with-paula-maidensDiscover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist hereBook a Free 20-minute Initial Consult with me hereJoin me on Instagram here

    What promises can you legally make as a Business Coach?

    Play Episode Listen Later Oct 15, 2024 14:31 Transcription Available


    As a business coach, every conversation with a client is an opportunity to inspire, guide and transform their professional journey. But amidst the excitement of promising transformative results, there's a critical conversation that often gets sidelined—what promises can you genuinely make, and more importantly, which ones are you legally bound to keep? If you're like me, you've scrolled through social media feeds flooded with tantalising offers: "Double your revenue!", "Get booked out with clients!" Such promises can be alluring, but as a business lawyer working with coaches, creatives and consultants, they stand out to me as potential red flags. The issue isn't merely what you're promising your clients; it's about the unrealistic guarantees that often accompany these promises. We have to be cautious about making guarantees that we can't possibly back with certainty and legality.Today, we're exploring the promises that can make or break your credibility as a business coach and how to ensure you're communicating your expertise in a way you can deliver on. Clarifying your expertise and maintaining realistic promises not only builds trust, but positions you to meet and exceed client expectations. This is how we set the stage for successful partnerships and robust business growth.LINKS:Episode Website:  https://tmsolicitor.com.au/rise-up-in-business-podcast/what-promises-can-you-legally-make-as-a-business-coachDiscover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist hereBook a Free 20-minute Initial Consult with me hereJoin me on Instagram here

    Power in Process: How strong systems can impact more than your business, with Kate Addamo

    Play Episode Listen Later Oct 8, 2024 22:36 Transcription Available


    Have you ever made a business decision that went against your usual process, simply because you were trying to be nice? As women especially, we often feel pressure to please others and not come across as too rigid, but unfortunately, that often means that we as business owners pay the price. I recently faced a situation in my business just like this. I knew something needed to change in my processes to prevent it from happening again - but I couldn't see the forest for the trees. The irony isn't lost on me that I found myself struggling with the very thing I often preach to my clients about! However, I reached out to my friend Kate Addamo, an exceptionally talented business mentor, and her insights were invaluable. Kate's dedication to helping women flourish is underpinned by a focus on health and wellbeing, driven by her own experience with both physical and mental health struggles. She loves empowering women to understand their value, get clear on their services and pricing, put in place the right processes and firm boundaries and come away with immense clarity on where they are going on their business journey. Sounds amazing right?The Importance of Systems and BoundariesKate's perspective on setting firm boundaries and having clear systems in place transformed my approach. She explained how neglecting these elements leads to burnout, disgruntled clients and even the courtroom. By having a consistent onboarding process, one that is followed for every client, no matter who they are, we set clear expectations from the beginning and avoid unnecessary friction. The clarity I felt after discussing my issue with Kate was a reminder that no matter how long you've been in the game, there's always room to grow and improve. Reaching out for help is not a sign of weakness; rather, it's a strategic move toward levelling up.Processes and systems impact more than your businessUnclear processes or outdated systems have a knock-on effect on everything. From your confidence and cash flow to attracting aligned clients and referrals, the systems and processes you have on day one will set the tone for your entire business.Like me, a lot of business owners know something needs to change but they're not sure what it is. Kate talked about the invaluable lesson of knowing your values and making sure your boundaries are clear. That way, your clients know exactly what to expect and you are able to reclaim time and focus on what truly matters in life.If you've felt that niggling need for change or sensed something isn't quite right, perhaps it's time to review your processes and seek advice from those you trust.LINKS:Connect with Kate Addamo:Website: https://kateaddamo.com/Podcast: Life and Business in Flow the Podcast - kateaddamo.comInstagram: https://www.instagram.com/lifeandbusinessinflow/ Previous episode mentioned: What it really means to Flourish in business, with Kate AddamoDiscover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist hereBook a Free 20-minute Initial Consult with me hereJoin me on Instagram here

    My WORST client ever & why it matters

    Play Episode Listen Later Oct 1, 2024 12:28 Transcription Available


    Have you ever agreed to work with a client despite your gut screaming “No”?I have, and it didn't end well.Today I'm sharing a story that my clients have asked for again and again – my worst client experience ever.  I'm not just complaining or airing grievances, I'm talking about the impact this experience had on how I approach my business and, more importantly, how I choose my clients.For those who don't know me, my earlier career involved 12 years of litigation and dispute resolution. You'd think my worst client would stem from those stressful, high-stakes days in court, but no. My worst client came about four years ago in my current business—a mature female business owner with a well-established team.The issues began when I agreed to a retainer arrangement, something I usually avoid because it doesn't align with my business ethos. Despite my better judgement and intuition screaming a loud “No!”, I begrudgingly agreed, hoping it would work out. Spoiler alert: It did not.Respect in business relationships is paramount. Unfortunately, this client lacked it entirely—not just for me, but for the value I bring. I was constantly micromanaged, with endless phone calls questioning my every move on time and tasks left on the retainer. It was toxic and exhausting.So, what did I learn from this?Firstly, respect is now a non-negotiable for me. If a client doesn't respect me, my time, or my work, it's doomed from the start. I've learned to observe closely how potential clients treat their own teams and clients. Their behaviour is often a precursor to how they might treat me.Additionally, I've learned to back myself, always. Self-doubt can be debilitating. When I doubt myself, the decisions that follow rarely serve me well. Each time I've ignored my intuition and agreed to terms that didn't sit right with me; I've lived to regret it.That's the story of my worst client ever! While it's not the dramatic tale many might expect, I hope it encourages you to reflect on your own client experiences and make thoughtful changes. Evaluate those relationships, tweak your systems, and ensure that you're working with people who respect and align with your values.LINKS:Episode Website: https://tmsolicitor.com.au/rise-up-in-business-podcast/my-worst-client-ever-why-it-mattersDiscover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist hereBook a Free 20-minute Initial Consult with me hereJoin me on Instagram here

    How to deliver a premium client experience + more with Marcus Syvertsen

    Play Episode Listen Later Sep 24, 2024 25:33 Transcription Available


    The delivery of a premium client experience is not a set and forget process - it's something that takes continuous work. While I've personally learnt a lot about the client journey throughout the years, I still ensure that I'm putting energy into refining my approach day by day. Someone who shares this ethos of putting the client front and centre is Marcus Syversten, a soul-led interior designer and dear client of mine. Marcus's journey to becoming a well-respected interior designer wasn't linear, which is a story I think that many of us can relate to. Before finding his calling in design, Marcus spent nearly 16 years as a paramedic. After facing some difficult mental health challenges, Marcus shifted direction and began to explore his passion for architecture and design.Now, with extensive experience in both residential and commercial interiors, his design firm Little Road has become Adelaide's leading authority on interior design and styling.I can hand on heart say that my conversation with Marcus is one of my absolute favourites on the podcast, and I know you'll be incredibly inspired as Marcus shares his insights on delivering exceptional client experiences, maintaining consistency and the importance of building a supportive network. Marcus shares how his experience as a paramedic honed his communication skills, a critical tool he now uses in his design business. From extracting precise medical histories to ensuring his clients feel heard and supported in their design projects, Marcus's story underscores the importance of crystal-clear, empathetic communication.In Marcus's world, delivering a premium client experience is non-negotiable. For him, it's about constant refinement, not a set-and-forget strategy. His secret to exceeding clients' expectations? Continually improving systems and processes within Little Road to ensure things become more and more seamless.It's undeniable that building a supportive network is crucial to succeeding as a small business owner. Marcus often draws on the expertise of professionals like bookkeepers, lawyers and mentors. He stresses how outsourcing allowed him to focus on his creative genius, rather than getting bogged down by administrative tasks. Talking to Marcus was an absolute treat, and I know you're going to get so many nuggets of gold from his wisdom on creating an experience that keeps clients coming back for more.LINKS:Connect with Marcus:Instagram:   @littleroad.studioWebsite:       http://www.littleroad.com.au/Episode Website:  https://tmsolicitor.com.au/rise-up-in-business-podcast/how-to-deliver-a-premium-client-experience-more-with-marcus-syvertsenDiscover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist hereBook a Free 20-minute Initial Consult with me hereJoin me on Instagram here

    The top 3 legal problems I see for creatives, and how to deal with them

    Play Episode Listen Later Sep 17, 2024 15:01 Transcription Available


    I work with a lot of creative business owners and even though my clients span numerous industries, I've noticed some common legal issues for coaches, creatives and consultants that leave them vulnerable. 1. Scope CreepIf I had a dollar for every time I've spoken to a creative client about the pain points they face due to scope creep, I'd be a wealthy woman. Scope creep is real, and it can be a significant issue if not managed properly. It occurs when the boundaries of a project expand without proper documentation and consent, leading to extra work that wasn't initially agreed upon, often without additional compensation. 2. Using Templated Legal DocumentsToo often, I see business owners taking shortcuts by using templated legal documents. While templates might seem like a quick and affordable solution, they don't offer the comprehensive protection needed. There is no one-size-fits-all approach to legal documentation and relying on generic templates will leave you exposed. Templates don't consider the unique aspects of how your particular business operates, they don't adequately address payment terms, scope of work, client relationships, or the specifics of your industry.3. Lack of Solid Processes and SystemsAnother major issue creatives face is the lack of solid business processes and systems. This problem often compounds when paired with poorly tailored legal documents. Without a clear understanding of how to implement these documents correctly, creatives run the risk of non-enforceable contracts and disputes that may not have a clear resolution.LINKS:Discover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist hereBook a Free 20-minute Initial Consult with me hereJoin me on Instagram here

    Save time, sign online - is it legal to sign digitally?

    Play Episode Listen Later Sep 10, 2024 10:08 Transcription Available


    Our interactions are becoming more digital every day. For many of us in business, this means transacting in a digital or electronic way with our clients. A question I'm asked all the time by my clients is whether having their clients sign their agreements electronically is legal.Today, I'm diving into this topic and explaining the differences between digital and electronic signatures, when they're okay to use and the circumstances in which they normally aren't.For most service-based businesses, sending out client agreements or cost disclosures and requesting an electronic or digital signature is generally lawful and binding.However, there are exceptions. Certain documents require a more traditional form of signing. These exceptions often involve contracts dealing with land, commercial leases or agreements necessitating a witness. Although some digital platforms like DocuSign can be used under certain conditions (e.g. a witness present via Zoom), this depends on the specific document and the legislation in place.While there's a steady shift towards accepting digital and electronic signatures for basic contracts and memorandums of understanding, some traditional requirements persist as the law catches up with our changing world. The bottom line is that for most straightforward service agreements and terms and conditions, digital and electronic signatures are lawful and practical. But, best practice is: if you're unsure, ask!LINKS:Resources mentioned: 'Briefing Notes' Email SignupEpisode Website:  https://tmsolicitor.com.au/rise-up-in-business-podcast/save-time-sign-online-is-it-legal-to-sign-digitallyDiscover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist hereBook a Free 20-minute Initial Consult with me hereJoin me on Instagram here

    4 things your templated legals could be missing

    Play Episode Listen Later Sep 3, 2024 12:51 Transcription Available


    DIY is for Bunnings, not legals.I say this for good reason: the amount of business owners using templates in order to save money is more than a little eye-watering. I understand that with all the costs involved in running a business, there's a certain allure to the convenience and cost-effectiveness of legal templates.But trust me, after over 12 years as a litigator, I've seen just how badly things can go. You name it, I've seen it - and I don't want this to happen to you. So to help you avoid getting caught up in any legal disputes, I want to take you through four crucial things that templated legals often miss - as well as the potential fallout if these gaps are left unaddressed.1. Personalisation and ProfessionalismTemplates tend to miss one key factor time and time again: personalisation and professionalism. When crafted correctly, your legal documents can be one of the most powerful tools your business has. They protect your business, exceed client expectations and foster positive word of mouth.Generic templates loaded with legalese about "aforementioned clauses" won't cut it. Ask yourself: how proud are you to send out your current legal documents? Do they reflect your brand accurately?2. Industry-Specific TailoringAnother significant shortcoming of templated legals is the lack of industry-specific tailoring. Stock templates you find online are likely to be generic, containing only basic terms around the parties, the agreement, and payment schedules. Your business is unique, and your legal documents need to be explicitly tailored to reflect that.This covers things like what constitutes a variation and how additional costs will be handled. Without these tailored provisions, you risk misunderstandings, delayed payments and misaligned expectations.3. Warranty Clauses and Liability ProtectionThe third overlooked area in templated legals is the inclusion of adequate warranty clauses and liability protections. The warranties you offer and the extent of your liability should be specifically outlined based on the services you provide. Generic warranties and liability limitations from templates just won't cut it. If your legals are not properly tailored to your industry and specific service offerings, you leave yourself open to potential legal issues.4. EnforceabilityLast but by no means least, enforceability is a critical aspect that templated legals frequently lack. It's all well and good to have legal documents, but if they're unenforceable, they're as good as useless. Key provisions might be missing, or the sequencing might be incorrect, making it difficult to rely on these documents in disputes.In the end, hoping for the best or sticking your head in the sand isn't a viable strategy when it comes to legal protection. Solid foundational documents are crucial to any business: you're not going to ask your builder to skimp on the foundation of your house to save a few dollars, so why do the same with your legals? LINKS:Resources mentioned: 'Briefing Notes' Email SignupEpisode Website:  https://tmsolicitor.com.au/rise-up-in-business-podcast/4-things-your-templated-legals-could-be-missingDiscover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist hereBook a Free 20-minute Initial Consult with me hereJoin me on Instagram here

    Just because others do it, doesn't mean it's right

    Play Episode Listen Later Aug 27, 2024 13:49 Transcription Available


    Think back to when you started your business. I bet you were full of excitement, and nervousness. So maybe, like a lot of people, you looked around at successful businesses and decided to follow their lead. It makes sense, I mean if it's working for them, it should work for you too, right? Wrong.When you look at another business, you're only seeing the surface.Even if things look good from the outside, you can't be sure their methods are strategically or legally sound, and copying them could set you up for trouble.One common mistake I see is in the sequencing of contractual documents and invoices. For example, tools like Dubsado make it easy to send a proposal that, once accepted, automatically generates an invoice, and then the client receives the contract.While it might seem convenient, it's not compliant with Australian Consumer Law, and doing so can invalidate your agreements. As a service provider, you must provide your terms and conditions or agreement before your client decides to engage you. If you later need to rely on those terms, they won't be enforceable because the client didn't agree to them upfront. This small sequencing error can have big consequences. Each business is unique, and what works for one might not work for another. I work closely with my clients to ensure that their onboarding processes, documentation, and service delivery sequence are customised to suit how their unique business operates. Not only does this keep you compliant with the law, but it also reduces misunderstandings with clients. Another mistake I see comes from businesses selling services online—think courses, memberships, or subscriptions. The business owner gets so excited to launch that they send out the sign-up link before having the necessary terms and conditions in place. They often think they can apply these terms retrospectively, but that's far from the truth.Participants must have the opportunity to read and agree to these terms before paying for the service. If you miss this step and need to play catch up, you'll have to offer refunds to those who disagree with the terms subsequently introduced. So, make sure your terms and conditions are properly in place before any sales or sign-ups occur.The message here is simple: copying their practices without professional insight can leave you exposed to legal risks and undermine your professional credibility. Take the time to invest in professional advice to ensure your business is not just legally compliant but set on a path for sustainable success.LINKS:Episode Website:  https://tmsolicitor.com.au/rise-up-in-business-podcast/just-because-others-do-it-doesnt-mean-its-rightDiscover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist hereBook a Free 20-minute Initial Consult with me hereJoin me on Instagram here

    dubsado australian consumer law
    What it really means to Flourish in business, with Kate Addamo

    Play Episode Listen Later Aug 20, 2024 25:06 Transcription Available


    Adrenal fatigue, poor health, burnout - three struggles that many female business owners, including myself, are all too familiar with.If you're a woman in business, it's likely you'll have experienced one - or all - of these symptoms of hustle culture. The question is, why do we accept the pressure of working ourselves into the ground as the norm? It's been a long time coming, but I was finally able to sit down with Kate Addamo, a dear friend and exceptionally talented business mentor, for a chat on the podcast. Simply put, Kate is a woman looking out for other women. Her dedication to helping women flourish is underpinned by a focus on health and wellbeing, driven by her own experience with both physical and mental health struggles. Kate shares with us her refreshingly holistic approach to business growth, as well as insights on how to move from barely hanging on to thriving as our authentic, unique selves. One-on-One TransformationWe hear about her dedication to one-on-one mentoring in an era where group coaching and masterminds are all the rage. Chosing to focus on individual transformation, Kate believes that magic happens in personalised interactions, a commitment she's seen yield remarkable results time and again.Meeting Women Where They Are: The Flourish PackageKate's work is incredibly multifaceted, and nowhere is this more evident than in her “Flourish” package, a bespoke journey tailored to each woman's unique situation and aspirations.Whether they're navigating motherhood, moving or any other major life transition, Kate works to build up the individual behind the business, aiming to ground her clients in their own version of success rather than someone else's.Challenging the Hustle NarrativeWe all know how pervasive hustle culture is on social media. It's all too common to feel pressured into scaling up businesses to achieve massive turnovers. But Kate offers a different perspective—one that values slowing down, reassessing and focusing on what truly matters. She encourages women to define their own success, even if it means downsizing or restructuring their business models. A Holistic Approach to Business and LifeFrom dealing with severe adrenal fatigue to making significant lifestyle changes, Kate understands the importance of balance and strives to help other women achieve it in their own lives. We talk about the detrimental effect of operating solely in our masculine energy, and how learning to be nurtured is crucial if we want to create longevity in our businesses. By reassessing what success means to you and taking your unique path to get there, sustainable success in business can be yours - and all without the burnout! LINKS:Connect with Kate:Website: https://kateaddamo.com/ Instagram: @lifeandbusinessinflow Podcast:Life & Business In FlowEpisode Website:  https://tmsolicitor.com.au/rise-up-in-business-podcast/what-it-really-means-to-flourish-in-business-with-kate-addamoDiscover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist hereBook a Free 20-minute Initial Consult with me hereJoin me on Instagram here

    5 things you should know about me before we work together

    Play Episode Listen Later Aug 13, 2024 15:18 Transcription Available


    When it comes to topics I talk about regularly, I often assume that everyone has already heard me say it. There are insights and ideas I speak on often not just with my clients, but also on the podcast.However, the truth is, when we're sharing content, not everyone catches every piece. So today, I'm thrilled to share five key things you should know about me before we work together. Whether you're a new client curious about my process or someone who's followed me for a while but wants to understand more deeply, this is for you. I address some of the most frequent questions I get from clients and clarify my working style and values: 1. I Get InvolvedFirst things first, I want you to know that when we work together, I get involved. My approach is collaborative; I'm not the lawyer for you if you're looking for someone to simply draft documents without any input from you. To create truly effective legal documents, I need to understand the intricacies of your business. We'll have conversations, and I'll ask you lots of questions to make sure your documents are tailor-made for your specific needs.2. I Don't Haggle on FeesThe second key point is that I don't haggle on fees. My pricing is based on the value I provide and is structured in a way that's transparent and predictable. You'll always know upfront what you're paying for; there are no surprise invoices. I believe in a value-based fee structure because it aligns with the integrity and quality of service I aim to offer. I don't think small business owners should undervalue their services, and I follow the same principle.3. No TemplatesThirdly, I will not sell you a template. I strongly believe that DIY templates don't belong in legal matters. Each business is unique, and cookie-cutter solutions won't provide the protection or functionality you need. Instead, I'll work with you to create documents that are customised for your business. This ensures they're robust and tailored specifically to what you need.4. I Treat Your Legals Like My OwnNext on the list, I will treat your legal documents as if they were my own. This means I take the time and effort to ensure they are absolutely perfect. I don't believe in a “one size fits all” approach. I'll get to know you and your business deeply to create stellar documents that serve you well.5. I Build Long-Term Client RelationshipsFinally, I rarely work with clients as a one-off engagement. I genuinely love what I do and care deeply about the businesses I work with. This often results in long-term relationships where clients feel comfortable calling me for advice as their businesses evolve. My goal is to be a trusted advisor who enriches your business journey and helps you avoid potential pitfalls.I hope this episode is helpful if you're thinking of reaching out to or working with me, and that you now have a better understanding of who it is that I am. I encourage you to come visit me over at Instagram if you have any questions about what we spoke about today.Happy listening! LINKS:Episode Website: hereDiscover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist hereBook a Free 20-minute Initial Consult with me hereJoin me on Instagram here

    The biggest mistakes coaches make, with Sofia Bernardi

    Play Episode Listen Later Aug 6, 2024 27:12 Transcription Available


    Today on the podcast, I'm thrilled to welcome Sofia Bernardi, a mindset and business coach known for her refreshing honesty and dedication to helping her clients. In our conversation, Sofia shares invaluable insights into her journey, the importance of mindset in business and the frequent pitfalls coaches encounter when focusing on scaling their businesses.Voted as one of the top 30 coaches to look out for in 2021 by the New York City Journal, as well as building a million dollar business by the age of 26, Sofia strives to help women build confidence and create sustainable businesses. She does so with a methodology underscored by simplicity, authenticity and scalability. Mindset is KeySofia believes that 80% of our success lies in our psychology - also known as mindset. She shares her own journey of starting her business at 22, where she felt inadequate to call herself a business coach. What gave her the ability to overcome her self-doubt were the tools she'd gained through personal development. She encourages us that even without having achieved huge milestones in our careers, adopting a mindset of self-belief and clarity can hugely support us to grow. Common Mistakes Coaches MakeHaving learnt a lesson or two in what not to do in business, Sofia shares the mistakes she personally made when starting out, and ones she sees many other business owners struggle with. She highlights the dangers of dabbling in too many strategies and the myth of instant gratification and instead believes in the importance of consistency and focusing on what feels right for the individual. Sofia's advice: simplify your approach, choose one or two strategies that feel right and natural to you and commit to them with consistency. Avoiding Burnout and Maintaining BalanceBurnout is a critical issue for many, especially women who juggle multiple roles. Sofia shares her framework for avoiding burnout, which includes staying organised, delegating tasks and creating a business that aligns with your ideal life. She emphasises the significance of putting personal priorities first and letting the business fill in around those priorities. By focusing on alignment and balance, Sofia believes entrepreneurs can achieve long-term success without sacrificing their well-beingSofia is a beautiful soul and extremely generous in sharing the insights she has gathered through her experiences. She makes things really simple for us as business owners, and I know you'll be as inspired as I am to embrace your uniqueness and do what's right for you in your business.Listen in and get ready to learn all about building a simple, scalable business that supports a life you love. LINKS:Connect with Sofia: Website:       https://sofiarosebernardi.com/ Instagram:  @sofiarosebernardiPodcast:       Rising Coaches with Sofia BernardiEpisode Website:  https://tmsolicitor.com.au/rise-up-in-business-podcast/the-biggest-mistakes-coaches-make-with-sofia-bernardi Discover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist hereBook a Free 20-minute Initial Consult with me hereJoin me on Instagram here

    My top mindset tips for dealing with competition

    Play Episode Listen Later Jul 30, 2024 14:30 Transcription Available


    Competition in business isn't necessarily a negative thing. In fact, it's a crucial aspect of the marketplace. Clients and consumers deserve choices, and honest and good faith competition is something I genuinely believe in. Knowing who your competitors are and staying informed about industry trends is wise. It's just good business - and being aware of what others are doing can even open the door for potential collaboration. However, there's a big difference between taking inspiration from other businesses and flat out copying. That is certainly not okay. Dealing with Dishonest CompetitionUnfortunately, not all competition is fair. There are instances when competitors might copy your work, mimicking your efforts to advance their own business. While imitation is often said to be a form of flattery, I completely disagree. Copying someone's hard work and presenting it as your own is just wrong, and today's digital age makes it easier for such unethical behaviour to occur.If a competitor is copying you, it's crucial to stay focused on your own business. Don't allow this to consume you or derail you from your own business goals because getting distracted will incur a bigger cost on the business than the copying itself. Be Confident and Anchored to Your WhyAlways remember your business's mission, vision, and unique selling points. Stay focused on your values and continue serving your clients to the best of your ability. The truth of the matter is that anyone who copies your work is only demonstrating that they have no originality and they will not stand the test of time. Stay in your lane and keep focussed on your why.Stay InformedKeeping your finger on the pulse with industry trends and knowing what your competitors are up to is good business practice. This way, you can discern whether a situation is genuinely harmful to your business or whether it's something that you can shake off. Stay FocusedDon't be consumed by what your competitors are doing. By keeping your focus on your business, you'll ensure that you're not distracted from the important activities that generate revenue and really push the needle forward.Understand and Protect Your Intellectual PropertyMake sure you understand your intellectual property including trademarks and copyrights. Protecting your unique ideas and original work can deter competitors from copying you outright and resolve issues swiftly if or when your copyrights are infringed.Don't Go It AloneHaving a reliable support system is invaluable in business. This could include your business lawyer or a team of advisors who understand your business's intricacies. When issues arise, discussing them with trusted individuals can help you develop a strategic response and give you peace of mind for how to move forward.Competition is inevitable in business, and it should be embraced when it's fair and ethical. However, understanding how to deal with less honourable competitors is equally essential. By staying confident, informed, focused, and legally protected, you can navigate the challenges that arise without letting them derail your business success. LINKS:Discover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist hereBook a Free 20-minute Initial Consult with me hereJoin me on Instagram here

    This will protect you and your coaching business

    Play Episode Listen Later Jul 23, 2024 14:08 Transcription Available


    Coaching can be an immensely valuable service for a business owner. Over the years, I've had some fantastic experiences with coaches who made a significant impact on my business journey. However, as the coach, it's crucial to make sure that you are running your business with an unwavering commitment to risk mitigation. If you're a long-time listener, you would have heard me talk about why a risk mitigation strategy is critical for small businesses. In today's episode, I'm focussing specifically on how to protect your coaching business, focusing specifically on your legal documents, often referred to as your coaching agreement. The Importance of Tailored AgreementsA coaching agreement is a vital document that outlines the terms of your service engagement with clients. It should be specific to you and drafted with your unique business in mind. This contract should include:Your services: What you do and how you do it.Exclusions: What you don't do.Payment terms: How you get paid.Termination clauses: Your policies on ending the contract.Disclaimers and Liability ClausesThe most critical parts of a coaching agreement are the disclaimer and liability clauses. These are the sections that will truly protect your business.Disclaimer Clauses: These clarify explicitly what you are not promising to do, which guarantees you are not making, and what you are not responsible for. This clear communication gives your client absolute clarity about what you are not offering, which helps to prevent misunderstandings and misaligned expectations.Liability Clauses: These outline what you, as the coach, will not be responsible for. They limit your liability and define very clearly what you undertake to do. Knowing where you're liable and how to limit that liability is crucial.Why Templates Won't SufficeIf you're tempted to use a template or copy someone else's agreement, think again. Templates do not take into consideration the nuances of your specific business and, in most cases, won't cover you against risk. You won't know whether these documents work as intended until you need to rely on them, and by then, it might be too late.Ask yourself these questions:Do you have a tailored coaching agreement aligned with your business operations?Are your disclaimer clauses and liability provisions adequate and correctly worded?If the answer is no to any of these questions, it's time to consult with a business lawyer or reach out to me for a discussion. Ensuring you have the proper documentation in place will provide the confidence and peace of mind you need to serve your clients effectively.LINKS:Discover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist hereBook a Free 20-minute Initial Consult with me hereJoin me on Instagram here

    My Top 5 Tips for Navigating Fast Business Growth

    Play Episode Listen Later Jul 16, 2024 19:49 Transcription Available


    Since launching my business I've seen business growth play out in many different ways. Sometimes it's fantastic, with businesses taking off and flourishing. However, sometimes it doesn't end so well. Some businesses have folded, others have suffered considerable losses—both financially and in terms of infrastructure.So, why does this happen? When growth occurs too quickly it becomes unsustainable and overwhelms the business. Today I want to share my five tips for navigating fast business growth and overcoming the common hurdles.  1. Ensure You Have the Right Business InfrastructureRapid growth can strain a business's infrastructure if it's not set up properly. Take the time to think about all the components of your business that keep things running smoothly - your people, skills, services, digital marketing, bookkeeping, financial management, and advisory team. There's no shortcut here! You need to take the time to think about all the cogs in your business machine. It can be the difference between sustainable growth and disaster.  2. Master Your Financial ManagementWith growth comes increased revenue, but with increased revenue comes increased expenses, pressures, and liabilities. The best way to guard yourself is to connect with a bookkeeper and/or accountant who can help manage your finances. Even if you can manage your finances yourself, that doesn't mean you should. Delegating these tasks lets you focus on your zone of genius.3. Solidify Your Processes and SystemsGrowth will test your business operations and without strong systems in place, cracks will start to show. Think about your client engagement, onboarding, service delivery, invoicing, revenue tracking, and expense management. These areas can make or break a business in times of rapid growth.  If you're not sure whether your systems and processes can handle increased volume, now is the time to reassess and strengthen them. Consult your accountant and business lawyer to help you identify weaknesses and make the necessary adjustments.4. Focus on Team Acquisition and RetentionRapid growth brings pressure and challenges that can overwhelm a business. For long-term sustainability you need a team you can rely on. Evaluate your current team, both employees and contractors, to ensure you have the necessary skills covered.  Do you have the right people in the right places? Are you leveraging their strengths effectively? By addressing these questions now, you can avoid issues down the line. 5. Keep Up with Contracts and AgreementsDuring periods of rapid growth, it's easy to let contracts and agreements slide as you focus on immediate demands. It might seem like a necessary risk at the time, but it can cause major complications for your business. Take the time to prepare your documents now, so you're guarded against misunderstandings and misaligned expectations later on.Fast business growth can be exhilarating if you're prepared but devastating if you're not. By focusing on these five areas, you can set your business up for sustainable growth and long-term success!  LINKS:Episode Website: https://tmsolicitor.com.au/rise-up-in-business-podcast/my-top-5-tips-for-navigating-fast-business-growthDiscover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist hereBook a Free 20-minute Initial Consult with me hereJoin me on Instagram here

    These are My FAVOURITE Legals to Design

    Play Episode Listen Later Jul 9, 2024 9:13 Transcription Available


    Every now and then on the podcast, we reach out to our community to ask what you would like to hear from us. In today's episode, I address a question from one of our long-time listeners: What are my favourite legal documents to design? Today I'm diving into one of the aspects of my work that truly sets my soul on fire—drafting client service agreements for small business owners. So join me as I take you through the intricacies of legal agreements and why the client service agreement holds a special place in my heart.The Joy of Designing Client Service AgreementsYou can call it anything you like - a design agreement, styling agreement, client service T's and C's - but client service agreement lays out the terms that a business issues when they're working with their client. Essentially, it's the agreement that a business enters into with its clients, setting the stage for a smooth, professional relationship. I relish the opportunity to dive deeply into a business when crafting these agreements. It's not just about the legal text; it's about creating a document that aligns perfectly with the unique workings of each business. This detailed approach allows us to address pain points and set client expectations - and I just love collaborating with my clients to ensure their business is protected. The Process and ImpactAs I've mentioned many times before, my process is very client-centric. I take the time to ask my clients essential questions about their operations—everything from project timelines to payment terms. This helps me ensure that the client service agreement covers all bases and shields the business from potential issues.The real and lasting impact happens when a business owner feels secure, knowing they're protected legally and they can focus on their core activities.Implementation and Lasting SuccessOne of the most important aspects of this process is the implementation of these agreements. It's not enough just to have the document; the business needs to know how to use it effectively. This includes understanding how to incorporate it into their processes and systems. I even go as far as reviewing the communication that will accompany the agreement to clients, ensuring every aspect is finely tuned. The goal is for the client to feel confident and self-sufficient in using these documents, and the privilege of enriching lives through these crafted agreements is central to why I do what I do.Now that I've talked you through what brings me the most joy in my business, I'd love to hear from you about what your favourite part of your business is. And if you're not quite sure, this might be your little nudge to give it some thought and to lean into doing more of what you love.LINKS:Previous episode mentioned: Legals By Design® - I am thrilled to share this with youEpisode Website:https://tmsolicitor.com.au/these-are-my-favourite-legals-to-design Discover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist hereBook a Free 20-minute Initial Consult with me hereJoin me on Instagram here

    Legal Secrets every creative MUST know

    Play Episode Listen Later Jul 2, 2024 12:40 Transcription Available


    I've noticed that I have the same recurring conversations and answer similar questions from my creative clients. So today I'm revealing the answers in one spot so you too can know the legal secrets that every creative entrepreneur must know. The Power of Tailored Client Service AgreementsYour client service agreements, when customised for your unique business, can be the most powerful tool in your arsenal. Don't use templates, copy someone else or cobble something together from Google searches. Instead, invest the time and resources to have these documents tailored specifically for your business. Engage a business lawyer who understands your industry and the unique risks you face. This will ensure that nothing is overlooked and you are properly protected. Your Processes and Systems are ImportantHaving tailored legal documents is only part of the equation. Your processes and systems are equally vital to ensure that these documents are implemented and executed correctly. This includes how you issue your client service agreements, proposals, and quotes. It also involves the sequencing of these documents and the proper wording in your correspondence with clients.By developing robust internal processes and systems, you not only set yourself up for success but also manage client expectations and compliance with consumer law. If you get the process wrong, you might not be able to rely on your agreements at all. Your Intellectual Property is Your Gold - Protect ItAs a creative, your intellectual property (IP) is one of your most valuable assets. This is why it's imperative to protect your IP through your client service agreements. Clearly define who owns the IP in your creations, the scope of any licenses granted, and the terms of those licenses.Consider the importance of trademarks if exclusivity over certain aspects of your business is crucial. However, understand that trademarks can be complex and not everything is trademarkable. Build from Solid FoundationsMany business owners overlook the importance of a solid business structure. Although not the most exciting side of business, having the right legal business structure is foundational to your success. This involves understanding your options, from operating as a sole trader to incorporating as a PTY LTD company. As your business evolves, make sure you reassess and adjust your structure as needed, consulting with your lawyer and accountant to ensure your structure aligns with your current needs and goals. The right structure provides confidence, flexibility, and clarity, allowing you to focus on building your business and sharing your genius with the world.Know Your Risk Mitigation StrategyReducing risk in your business is crucial, and there are three main components to focus on: your business structure, insurance, and legal documents. Of these, insurance is often the most misunderstood. Many creatives ask if they really need insurance, and the answer is a resounding yes.However, not all insurance policies are created equal. Whatever you do, don't buy insurance online - you won't understand what's covered and what's excluded. Instead, work with an insurance broker who can guide you in selecting the right insurance for your unique business needs. LINKS:Discover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist hereBook a Free 20-minute Initial Consult with me hereJoin me on Instagram here

    Restraint of Trade Clauses in Employment Contracts - Can You Have Them?

    Play Episode Listen Later Jun 25, 2024 18:54 Transcription Available


    In today's episode, we're exploring one of the most complex and controversial issues in employment law: restraint of trade clauses in employment contracts. I'm diving into this because in the small business circles in which I operate, there's a lot of discussion around whether or not restraint clauses are valid and whether we can have them. It has also become more topical in the broader community due to a recent decision in the United States, where the Federal Trade Commission made a ruling banning the use of restraint of trade clauses in contracts altogether. The question we're now asking ourselves now is: will Australia follow suit? Restraint Clauses: What Are They and Are They Enforceable?Restraint of trade clauses are designed to prevent former employees from competing with their ex-employer in ways that could harm the business. These clauses come in two main types: non-compete and non-solicit. A non-compete clause restricts an employee from working in a similar business, while a non-solicit clause prevents them from contacting the former employer's clients. The million-dollar question here is whether these clauses are enforceable. The simple answer? Only if they are reasonable. I'll take you through the nuances of what our legal system deems a restraint clause enforceable or not. Tailoring Clauses to Your Business NeedsOne of the most common mistakes I see is the use of broad, generic restraint clauses that cover large geographical areas and long periods. These are often unenforceable from the get-go. Business owners need to draft these clauses to fit their specific needs. We'll discuss how to make sure your restraint clauses are not so broad that they prevent an employee from earning a living, as the courts heavily scrutinise such clauses.Practical Steps to Protect Your BusinessRather than relying solely on restraint clauses, I recommend bolstering other areas of your employment contracts to safeguard your business. By being proactive and understanding what is reasonable for your specific business, you can better protect your interests and avoid the high costs and stress associated with any legal battles that may arise.If you're a small business owner or planning to hire employees, this episode is a must-listen to ensure you're setting yourself up for success while staying on the right side of the law.LINKS:Episode Website: https://tmsolicitor.com.au/rise-up-in-business-podcast/restraint-of-trade-clauses-in-employment-contracts-can-you-have-them Discover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist hereBook a Free 20-minute Initial Consult with me hereJoin me on Instagram here

    Legals By Design® - I am thrilled to share this with you

    Play Episode Listen Later Jun 18, 2024 14:59 Transcription Available


    This week's podcast episode is one I've been planning to record for a while, and it's finally time to share it with you. I've been working for some time on how to articulate in a really succinct and clear way how it is I do what I do when working with my clients, and how it is I create legal documents that work for small business owners.Now, if you've been listening to this podcast for a while, you know I don't often talk about myself. Today, however, I want to share with you my unique approach to working with my clients, the vision for my business and the ‘why' behind it all. Introducing Legals by DesignLegals by Design is my signature approach, developed over my more than 20-year career in the legal field. While it has evolved over the last five years since launching my business, I have spent the past 12 months refining and articulating it for you. This approach is a blend of my extensive knowledge and expertise, combined with the insights and practical implementations I deliver when collaborating with my clients. It's unique to me and captures the essence of what I deliver when developing legal documents that work.The Four Elements of Legals by DesignIn this episode, I'll take you through the fundamentals of my signature framework so you have a clear understanding of who I am and what I do: 1. Client-Centric Approach: My focus is empathetic and centred around you, the client. Recognising that every business has different needs and challenges, I meet you where you're at with fluidity and flexibility. I offer fixed-fee value-based pricing to ensure you only pay for what your business truly needs.   2. Better Communication: With feedback from clients, I've honed an accessible and down-to-earth communication style. I specialise in making complex legal issues simple and understandable, empowering business owners with clarity and confidence.3. Richer Outcomes: My tailored legal documents are designed to be relevant, current and compliant with your business's legal obligations. They ensure confidence and pride whenever you issue them, whether to a client, a team member or any business partner.4. Comprehensive Implementation: Bringing all elements together, I spend time ensuring that the legal documents truly work for your business. From setup to practical application, I guide you through every step, sharing my extensive experience to avoid potential pitfalls.While these elements may sound simple, they're not always a reality in traditional legal practice. I believe this framework sets me apart from the rest, and is also what sets my soul on fire. I hope this episode helps to explain the nuances to my approach and what underlies my thinking behind developing legal documents that truly work for business owners. Happy listening! LINKS:Episode Website: https://tmsolicitor.com.au/rise-up-in-business-podcast/legals-by-design-i-am-thrilled-to-share-this-with-youDiscover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist hereBook a Free 20-minute Initial Consult with me hereJoin me on Instagram here

    How to protect your Intellectual Property as a creative business

    Play Episode Listen Later Jun 11, 2024 20:53 Transcription Available


    Intellectual property (IP) is a term you often hear in the world of creative businesses. I've observed that many business owners have a general understanding of IP but they don't necessarily comprehend how to protect it effectively. That's what I'm going to shed light on today so that you can understand what intellectual property means for your creative business and what you need to do to protect it.What is Intellectual Property?Simply put, intellectual property refers to your original creations—whether it's drawings, photographs, your name, or your tagline. For these to be considered your intellectual property, they need to be both original and created by you. Intellectual property fits into four primary categories: Trademarks, Copyright, Patents and Designs.TrademarksThe term "trademarks" is often misunderstood. Trademarking involves registering a trademark with IP Australia for exclusive use over a name or phrase crucial to your business but it can't be something you just fancy. It has to be capable of being trademarked. For example, if your business name, logo, or tagline is unique and vital to your branding, it might be worth considering trademarking it.Beyond trademark registration, there are other steps you can take to protect your IP:Register a Business Name: If a name or phrase is essential to your brand, register it as a business name to prevent others from legally using it.Register the URL: Secure the relevant domain names associated with your business to ensure no one else can use it.Document Usage Rights: If you allow third parties to use your intellectual property, make sure the terms in which they are entitled to use it are outlined in your service agreement. Crystal clear clarity is vital here so you can protect what's rightfully yours. CopyrightCopyright differs from trademarks because you don't need to apply to register it in Australia. The Copyright Act automatically protects your original works. Whether you create drawings, photos, logos, or designs, the copyright belongs to you as long as it's your original work.However, if you want to safeguard your creative work, you need to assert your ownership of your copyright. Client Agreements: Clearly state in your agreements that you retain copyright over your work and specify the usage rights granted to clients.Copyright Notices: Place copyright notices on your original works and client deliverables to indicate ownership.Cease and Desist: If someone infringes on your copyright, a cease and desist letter can be a powerful tool in protecting your rights.The Rise of AI and IP ProtectionMany creatives are curious about using AI in their work. While AI can streamline processes, using it to create work raises questions about originality. Remember, your copyright protects original work. If AI generates part of your creation, it may not be considered entirely original. Always consider this when integrating AI into your creative process as it could impact your legal standing.Protecting your intellectual property is vital for the growth and sustainability of your business. I hope this episode is helpful to you and that you feel better equipped to protect your original creative work and avoid unnecessary disputes down the track. LINKS:Chat GPT and CopyrightDiscover the Masterclass Series hereBook a Free 20-minute Initial Consult with me hereJoin me on Instagram here

    Unfair Contract Terms - what are they & do your contracts need to change?

    Play Episode Listen Later Jun 4, 2024 18:05 Transcription Available


    Unfair contract terms is a phrase you may have heard, but understanding this concept as a small business owner is more pressing now than ever before. In the past, small businesses were exempt from certain regulations regarding contract fairness. However, as of November last year, this is no longer the case. New legislation has made it critical for small businesses to ensure their contracts do not include unfair terms and the risks for non-compliance are very real, including penalties from $50,000 to $2.5 million, or even more.The Changing Landscape of Contract RegulationsStarting in November last year, small businesses lost their exemptions from certain contract-related regulations. New legislation called the Treasury Laws Amendment (More Competition, Better Prices) Act 2022, falling under the broader Competition and Consumer Act, has come into play. This has placed a spotlight on unfair contract terms, mainly due to increased penalties and heightened consumer awareness.What Makes a Contract Term Unfair?In simple terms, an unfair contract term is one that significantly disadvantages the consumer while disproportionately benefiting the business without reasonable necessity. A common example is termination clauses in service contracts. Impacts on Different Types of ServicesThis type of law isn't black and white, which is why compliance needs to be assessed on a case by case basis. In the example of a contract termination, we need to look at the business, the terms that were agreed, the nature of the services being provided and what the business can reasonably do to mitigate their loss. The context differs across various service offerings. One-on-one Coaching AgreementsCoaches with one-on-one services often have clauses such as “You cannot terminate early, and if you do, you must pay the full fee.” Such terms are often challenged because they unfairly demand payment for services not yet provided.Masterminds and Group CoachingFor structured group programs where all participants start and finish together, it is more reasonable to have strict termination clauses. This is because the integrity of the group relies on full participation, and filling a spot halfway through the program is impractical.Interior DesignersFor project-based services like interior design, a middle ground is needed. Design agreements should allow for termination, but with reasonable notice and payment for work already completed. Terms like this are more likely to be viewed as fair.What Happens If Your Contracts Are Challenged?If a court or tribunal finds that your contract includes unfair terms, it used to be that only the unfair clause would be voided. Now, an entire contract can be invalidated, leaving your business with zero protection. Penalties for such infringements range from $50,000 to $2.5 million, making it absolutely vital, now more than ever, that all your contract terms are fair and compliant.As a small business owner, making sure your contracts are fair and legally compliant is crucial, not only for avoiding legal issues but also for creating a sustainable business. If you're unsure whether your contract terms are fair, now is the time to act. Feel free to reach out to me for a chat, I'd love to hear from you.LINKS:Discover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist hereBook a Free 20-minute Initial Consult with me hereJoin me on Instagram here

    6 ways to legally protect your Interior Design business

    Play Episode Listen Later May 28, 2024 16:55 Transcription Available


    As an interior designer, you translate a client's dream space into reality. You meticulously curate elements, organise renovations, and breathe life into functional and beautiful environments. But amidst the mood boards and material selections, a crucial element often gets sidelined: the legal foundation that safeguards your creative vision and protects your design business. Today we're going through six key strategies specifically designed to help interior designers like you safeguard your businesses and intellectual property, ensuring your creative journey is paved with success and peace of mind.1. Tailored Client AgreementsBy investing in well-crafted client agreements, you lay the groundwork for a smooth and collaborative working relationship with your clients, while simultaneously safeguarding your design vision and mitigating potential disputes.2. Building Out Your Processes and SystemsHaving robust legal documentation in place is a critical first step. But what truly elevates your business operations is a foundation built on strong processes and systems. These act as the invisible backbone, ensuring that every project flows seamlessly from initial contact to successful completion.3. Trademarking ConsiderationsFor many interior designers, their brand is more than just a logo; it's the embodiment of their design philosophy and aesthetic. Trademarking your business name, logo, and any distinctive taglines is a strategic step towards safeguarding these unique elements. Trademarking helps you maintain control over your brand narrative. It discourages potential copycats who might attempt to mimic your design style or mislead clients. 4. The Importance of InsuranceThe world of interior design, while undeniably creative, is not without its inherent risks. Unexpected events, property damage, or even professional negligence claims can have a devastating impact on your business. This is where comprehensive insurance comes into play, acting as a safety net to protect you from unforeseen circumstances.5. Copyright Protection: Owning Your Creative WorkThe heart and soul of your design practice lies within your creative output – the crafted plans, sketches, and 3D renderings that bring your client's vision to life. Fortunately, these original works are automatically protected by copyright law. However, there are additional steps you can take to bolster your copyright ownership.6. Choosing the Right Foundation: Business Structure ConsiderationsThe legal structure you choose for your design business has a significant impact on your personal liability exposure. While sole proprietorships offer a simple setup, they also come with the disadvantage of not separating your personal assets from your business assets. This means that if a client sues your business, your personal belongings could be at risk.Incorporating your business offers a layer of protection by establishing a separate legal entity. This means that the company's assets and liabilities are distinct from your own. By implementing these six key legal strategies, you can safeguard your creative vision, protect your business from unforeseen risks, and establish a solid foundation for a thriving design practice. Discover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist hereBook a Free 20-minute Initial Consult with me hereJoin me on Instagram here

    Commission Payments & Referral Fees - Can you use them in your creative business?

    Play Episode Listen Later May 21, 2024 22:39 Transcription Available


    One topic that has been coming up a lot lately with my interior design clients in particular is commission payments and referral fees. If you are considering a referral arrangement or perhaps you already have an affiliate relationship in place, there are certain considerations you need to keep in mind.Commission Payments vs. Referral FeesCommission payments and referral fees are often used interchangeably, but they hold distinct meanings and implications. Commission payments are typically tied to a specific sale or transaction, involving a percentage based on the revenue generated. On the other hand, referral fees are compensation for leads provided, not directly linked to sales revenue. Understanding these differences is crucial for setting clear expectations and agreements in creative business relationships.A Two-Pronged Analysis:If you're contemplating entering into a commission or referral payment arrangement, you need to analyse what's best from a legal perspective and a business perspective. While it may be lawful to engage in these types of agreements, it's essential to assess whether they align with the goals and ethos of your business. Some of my clients enter into affiliate and referral agreements and others are a hard no. There is no right or wrong, but you do need to understand your legal obligations and assess whether this is the right move for your specific business. Full Transparency:Some industries have legislation that dictates business owners must disclose commission and referral relationships in their documentation to clients. For creatives, there is no such legislation, however, my guidance is that it's always best practice to disclose any commission, referral payment or affiliate agreement. Under the competition and consumer legislation, consumers are protected from business owners engaging in anti-competitive conduct or deceptive conduct. What you don't want is for there to ever be a suggestion that your recommendations to clients were misleading or made in bad faith. Full transparency will not only build trust with your clients but help you avoid unnecessary legal disputes. Documentation Requirements:In my experience, misaligned communications and expectations can cause business relationships to sour very quickly, but that can be avoided by having the right documentation in place. Properly tailored client service agreements can serve as a platform for transparent communication regarding payment structures and relationships with referral partners. Additionally, having written agreements in place for affiliate or referral arrangements helps clarify roles, expectations, payment terms, and intellectual property protection. Never rely on a handshake agreement. Get everything documented and clearly outlined so there's no cause for dispute.The decision to accept commission payments and referral fees in a creative business is not a one-size-fits-all scenario. It requires a thoughtful analysis of your business landscape, alignment with your core values, and an understanding of what is legal in your specific industry. LINKS:Discover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist hereBook a Free 20-minute Initial Consult with me hereJoin me on Instagram here

    What Small Business Owners Can Learn From the Movie Legally Blonde

    Play Episode Listen Later May 14, 2024 14:22


    As someone who has been practising law for quite some time, you can imagine I've gotten a lot of questions over the years like: “what's it like to be a lawyer? Is it like Suits, LA Law, The Good Wife?”Sadly, it's not quite that sexy or entertaining - and really not that dramatic. That's not to say that we can't take inspiration and little nuggets of gold along the way from some of these shows. Today, I'm talking about how business owners can find inspiration and fresh ideas from many sources - and sometimes totally unexpected ones! Now, you may never have expected to hear this one from me, but one surprising source of inspiration for business I've found is the movie Legally Blonde, starring Reese Witherspoon.So, join me in this fun episode, where we'll explore five key takeaways from the movie that will support you to grow as an entrepreneur and effectively navigate challenges that come your way.1. Clarity and DeterminationOne of the most important qualities displayed by Reese Witherspoon's character, Elle Woods, is her unwavering clarity and determination. Despite facing numerous challenges and setbacks, Elle remains focused on her goals and never loses sight of what she wants to achieve. I talk about being anchored to our why, where maintaining a clear sense of purpose is crucial to the longevity of our business.2. AdaptabilityIf the last few years have taught us anything on the business journey, it is that we need to be adaptable and embrace some flexibility. In the movie, Reese Witherspoon's character certainly is adaptable in the face of all of her challenges, shifts and pivots. We'll talk about this characteristic and how it serves a business owner so well in dealing with those unrelenting challenges in an aligned way.3. Understanding Your Ideal ClientAs business owners, we need to be clear on who our ideal client is. Who are we talking to? Who do we want to attract? In Legally Blonde, Elle demonstrates a deep understanding of her audience, with empathy and the ability to appeal to their desires. We would do well to follow suit, because truly understanding our clients leads to better communication, stronger relationships and ultimately, business growth.4. The Power of a Support NetworkThroughout Legally Blonde, Elle recognises the importance of having a strong support network. She surrounds herself with people who believe in her and support her goals. This is such a valuable example, as being surrounded by the right people in business can honestly make or break a business owner's journey.  5. Embracing AuthenticityOne of the most powerful lessons from the movie is the importance of being unapologetically authentic. If we are not grounded in our authenticity, we can find ourselves becoming derailed, feeling unfulfilled and going around in circles. Embracing authenticity allows us to align our actions with our values, attract like-minded clients, and build a business that is true to who they are.The business journey is not linear, and certainly not for the faint of heart. However, with the right tools and inspiration, we can navigate our path in the aligned and authentic way we desire.I hope this episode gives you just that and supports you to bring out these five qualities displayed so beautifully in Legally Blonde.Happy listening! LINKS:Discover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist hereBook a Free 20-minute Initial Consult with me hereJoin me on Instagram here

    This Business Statistic Will Blow Your Mind... Don't Let This Be You!

    Play Episode Listen Later May 7, 2024 20:09 Transcription Available


    Did you know that the current small business failure rate is 36% above the average?It's the worst it's been in 11 years and the estimate is that ten thousand businesses will close down this financial year.  It's a concerning trend, and we cannot ignore this. I don't want to scare anyone with this episode, I  want to equip you with the knowledge to safeguard your business. As I've said many times, prevention is better than cure so I'm going to share the five biggest reasons behind these business closures and the steps you can take to reduce this risk.Cashflow Management:Cashflow is the cornerstone of any small business. We need the infrastructure in place to bring in consistent reliable cashflow, and detailed oversight on our numbers.  What this looks like is solid legal documents tailored to your business. They support you in converting prospects to paying clients and in feeling confident and secure when faced with challenges.  Once your foundation is set, a good accountant can help you maintain it and keep you up to date. If you aren't connected with an accountant yet, this is your sign! Don't wait until it's too late!Keeping Up with Legal Changes:I've heard from many small businesses that changing laws, especially in areas like employment law, are difficult to keep up with. This is where you should look to experts like lawyers and accountants, to guide you through the complex legal landscape. Surrounding yourself with a team of advisors will give you access to the knowledge and resources you need to stay informed and compliant.Cyber Risks:Cybersecurity threats pose a significant and ever-increasing risk to businesses. The average cost to a small business when hit by a cyber-attack is $50,000, which is definitely enough to sink a business. How can you protect yourself from cyber threats? Get prepared, stay informed, and establish cybersecurity protocols in your business. This is things like data encryption, regular system updates, and employee training programs.Winning Work and Payment Terms:Sales and payment terms play a vital role in business success. Ensuring your legal documents, processes, and systems align with your business operations will help you navigate payment issues and support your cashflow management.Failing to Adapt:If our business isn't able to adapt to changes and trends then we can get left behind and our risk of failure increases greatly. Change shouldn't be seen as scary though. If we stay flexible and open-minded it becomes an opportunity for growth and innovation. Just remember, to make sure you have the legal support in place to facilitate the changes you make.The biggest message I want you to take away from this episode is not to wait until it's too late. Get proactive and get connected with experts who can guide you. Yes, the statistics are scary but with a strong risk mitigation strategy you can set your business up for long-term sustainable success and avoid becoming a statistic. LINKS:Discover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist hereBook a Free 20-minute Initial Consult with me hereJoin me on Instagram here

    The $85K Reason To NOT Be A Business Ostrich

    Play Episode Listen Later Apr 16, 2024 15:27 Transcription Available


    In business, unforeseen challenges can arise at any moment and in my years working in dispute resolution, most of what I saw in the courtroom could have been avoided. With never ending to-do lists, getting legal documents in order is a task that often gets buried under a pile of other demands. Unfortunately, this neglect leaves businesses completely exposed without a leg to stand on. Today, I'm sharing a real-life case study of one of my clients as a cautionary tale about the importance of proactive risk management. Unfortunately, this client discovered the costly consequences of overlooking her essential legal documents but with the right knowledge, you can avoid situations like hers, which are all too common.In my client's many years of experience as a sole trader in the interior design industry, she had never been involved in a legal dispute. She had a great reputation, was a fabulous operator and had put together a one-page service agreement herself, which seems to be common practice in the design industry.Unfortunately, when one of her commercial clients became disgruntled, she discovered all too well how costly it can be not to have properly tailored client service agreements. She was threatened by legal action, seeking damages well in excess of $85,000, and the harsh reality of her unpreparedness came crashing down.As the situation unravelled further, it became clear that the repercussions of neglected details and misaligned expectations were far-reaching. My client found herself exposed to a financial burden of $85,000 due to incomplete project tasks and non-returnable designer furniture. Had she come to me earlier, I would have advised her on exactly how to protect her business, and this scenario would have had a completely different outcome.Unfortunately, this client had to learn the hard way, but I hope her $85K wake-up call serves as a poignant reminder to you that ignorance is not bliss when it comes to protecting your business. By proactively addressing risks, fortifying agreements, and seeking informed counsel, you can be fully equipped to navigate any challenges that arise, knowing that your business and your assets are protected. When it comes to your legal documents, don't bury your head in the sand. You may not have encountered a legal dispute yet, but if and when you do, you won't ever regret taking the time to make sure that your legal documents are in order. LINKS:Discover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist hereBook a Free 20-minute Initial Consult with me hereJoin me on Instagram here

    The Questions To Ask Before You Engage A Business Lawyer

    Play Episode Listen Later Apr 9, 2024 15:06 Transcription Available


    The process of engaging a business lawyer can feel a little daunting for business owners. You don't know what you don't know and it can be difficult to know where to start. How do you know if someone is the right fit for you and your business? Your relationship with your business lawyer is a significant one for the health of your business so this is something you want to get right. To help streamline this process and make it as easy as possible, today I'm sharing some key questions you should ask before engaging a business lawyer. Find a Business Lawyer Who Knows Your IndustryThe first step in finding the right business lawyer is to ensure they have expertise in your industry. Whether you are in the creative field or another niche, it's crucial to work with a lawyer who understands the intricacies of your business. Asking questions like how many clients they have in your industry can provide valuable insights into their experience and ability to add value to your business.Understand Their Work ProcessCollaboration and communication are key when working with a business lawyer. It's important to ask how they work and if you will be able to review drafts, ask questions, and provide feedback. In my legal practice, I love to collaborate with my clients and give them as much time and opportunities as they need to feel satisfied with the outcomes of their engagement. But other lawyers don't work like that. This is why it's really important to clarify the process before you sign on the dotted line. Clarify the Billing StructureKnowing how your business lawyer charges is essential to avoid any unexpected surprises. Lawyers charge in different ways from value-based pricing to a fixed fee pricing structure or a time-based model. Understanding the billing structure upfront allows for transparency and clarity on what services are included and how much you will be paying. This way, you won't get any surprise invoices that you weren't expecting.Establish Communication ChannelsEffective communication is vital in any professional relationship, including with your business lawyer. Asking how they prefer to be contacted, whether it's through phone calls, emails, or another platform, ensures that you can easily access the support and guidance you need. Understanding their preferred communication methods can streamline the process and avoid misunderstandings, making the entire process so much smoother.Connecting on a Personal LevelBefore making a decision to engage a business lawyer, take the time to jump on a call with them. Establishing a personal connection and ensuring that you vibe well with the lawyer is essential for a successful and long-term professional relationship. Feeling heard, supported, and comfortable with your lawyer is crucial for the success of your business endeavours. And if you don't mesh well, you can continue on your search to find someone who is a better fit.When it comes to engaging a business lawyer, it's essential to ask the right questions and ensure that the lawyer aligns with your needs and expectations. By asking questions about these key areas, you can make informed decisions and choose a business lawyer who can accelerate your business success. LINKS:Discover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist hereBook a Free 20-minute Initial Consult with me hereJoin me on Instagram here

    5 Lessons Learned From 5 Years In Business

    Play Episode Listen Later Apr 2, 2024 21:47 Transcription Available


    Today's episode is very special for me, as we've just celebrated our 5 year business birthday! It's been a wild ride, but one of the absolute best things I've ever done. As I've been reflecting on all that I've learned so far, I thought I would share the 5 key lessons I've learned with you, so you have the best chance at success in your own business1. Who You Surround Yourself With MattersWe all hear this, and it can sound cliche - but I know firsthand how powerful surrounding yourself with the right people is. While it's crucial to create a support network of people who have a positive impact, it's also important to find the power in letting go or moving on when things aren't right.  I talk about how changing seasons call for a different level of support, and the importance of allowing ourselves to move on from the wrong people - swiftly and guilt-free.2. Know Your NumbersI get how hard this one can be, but trust me - knowing your numbers is a game-changer. I talk about the difference between revenue and profitability, and how busy doesn't mean profitable. Remember - getting comfortable with knowing the numbers can be the difference between surviving or thriving in business.3. Be Authentic in Your MessagingI don't know about you, but I find the noise on social media and all the messaging constantly coming at us to be exhausting. It took a lot of hard work for me to work out how to step back from that and tune into what was really authentic to me and my messaging. I explain how I learned to be anchored to my ‘why' and how fundamental it was for me to show up consistently as myself. My advice to you? Pause, take a step back, think about your authentic self and messaging, and stick to that.4. Embrace the Different Seasons in Business For so long, I thought I needed to be consistent all day, every day, week in and week out. But the reality wasn't that. The reality was that at times, I needed to hustle and other times, I needed a break. It took me a while to learn that there are seasons in business and it's okay that sometimes we're hustling and working hard because that's the season the business is in, but there are seasons when we need to step back from that pace and have things a little more relaxed.  It's more than okay to take our rest.5. Find Your NicheThis one is big. And I know it is, because I've experienced the power of niching firsthand. And yes, the idea of niching down can be scary, because we think it means saying no to work or shrinking our pie.However, speaking from my own experience, the opposite is true. When we hone in and focus on who we really want to serve, we might be saying no to people who aren't aligned with us, but will have many more people finding us who are.While there have been good times and bad, I've loved every minute of growing my business. I hope you take the lessons I share here as a guide to achieving authenticity and success on your own business journey.P.s. I reveal a little something special at the end of the episode around a new offering, so make sure you tune in to find out more!  LINKS:The Legally Empowered Entrepreneur Masterclass SeriesCheck Your Legals with the Essential Legal Checklist hereCheck out my Getting Paid Made Easy course hereWebsite:tmsolicitor.com.auInstagram:https://www.instagram.com/tmsolicitor/Book a Strategy Session with me here

    RECAST - 5 Red Flags To Look Out For In Business

    Play Episode Listen Later Mar 26, 2024 11:05 Transcription Available


    In the last two episodes, we've been talking about risk in business: what it is and how to reduce it. So this week we are recasting a previous episode where I talk about 5 red flags to look out for in business. This was a popular episode and certainly worth a revisit. I'm sure you will get a lot of value out of this one. ---------------------------------------------------------------Over the past 20 years in my career as a lawyer, I've had the honour of supporting small business owners. One thing I have said time and time again is that prevention is better than cure because most of what I saw in my years working in litigation and dispute resolution could have been avoided. In this episode, I'm sharing 5 red flags to look out for in business which alert us to the fact that something is not right in business. These are telltale signs of things going wrong from my years of working with small business owners and if you can catch them early enough, you'll be able to steer your business in the right direction and avoid disaster.As I share these red flags, my goal is to help you identify areas where your business might be struggling and actionable steps you can take in your business now to avoid going down the path that you don't want to go down.Two common areas where I see warning signs popping up relate to cash flow and client satisfaction. If you have clients consistently delaying payments, asking for refunds, becoming disgruntled and complaining about workflow, these are all telltale signs that something is not right. Your business shouldn't be operating this way and I share how these issues can be rectified by asking yourself questions, reviewing your internal processes and systems and getting your legal documents in order. The other area that is all too common is when business owners are overwhelmed. If you are wearing all the hats and doing all the things in your business, your business is not sustainable. I share how this issue also reflects back to the need for the right systems and processes to support your business in a way that also supports you. Carefully tailored legal documents and the right systems and processes in place will help you avoid these common pitfalls and set your business up for success. I hope this episode leaves you feeling supported and helps to highlight any areas of your business where you might need help. Don't leave things until it's too late because the sooner you address these red flags, the better.LINKS:Resources mentioned:Bouncing Back from the Brink in Businesstmsolicitor.com.au/resourcesConnect with Tracey: Get your copy of my Annual Legal Checklist hereWebsite: tmsolicitor.com.auInstagram: https://www.instagram.com/tmsolicitor/Book a Strategy Session with me here

    How to REDUCE RISK In Business

    Play Episode Listen Later Mar 19, 2024 12:49 Transcription Available


    There are a lot of risks in business. It's not just in your finances, but your operations, strategy, compliance, and reputation too! It can be overwhelming, but we aren't powerless. In the last episode, I talked about what risk is in business. Today I want to share the process I take clients through when we're putting strategies in place to reduce or manage risk. The Three Pillars of a Risk Mitigation Strategy:1. Business Structure: The first step for any risk management plan is having the right business structure. You want to ensure the structure you choose aligns with your industry and offers asset protection, especially in high-risk sectors.2. Insurance: The second pillar is having the right insurance coverage tailored to your business needs. You don't want to pick insurance online because you wont really know what you're getting. Consult with a broker, they can explain what's included and excluded so you can be confident you've got the proper protection in place. 3. Legal Documents: Unsurprisingly, the final pillar of a good risk mitigation plan is having solid legal documents. Remember no two businesses are the same. So your legal documents need to be suited for your industry, and tailored to your business. They need to comply with your obligations under consumer law and any other professional areas that may govern your business. Then we look at financial risk. Your legal documents should be crystal clear about what services/products you are providing, what you aren't providing, and how you're delivering it. You also want to include when and how you'll be paid, so you can get paid on time, every time. Risk management is a crucial aspect that can make or break a company's success. If you proactively address these three pillars, you can safeguard your business and face challenges with confidence. I hope this episode serves as a guide to this process and sets you on the path to long-term success.  LINKS:Check Your Legals with the Essential Legal Checklist hereCheck out my Getting Paid Made Easy course hereWebsite:tmsolicitor.com.auInstagram:https://www.instagram.com/tmsolicitor/Book a Strategy Session with me here

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