Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
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When you’re building a small business, you’ll make dozens of important decisions quickly - what you sell, how you price, where you operate, who you hire, and how you get paid.
But one decision can quietly shape all the others: how you find a solicitor who actually understands small business, speaks in plain English, and helps you manage risk without slowing you down.
A good solicitor isn’t just someone you call when something goes wrong. They’re someone who can help you set up the right foundations (contracts, structure, compliance), so you can grow with more confidence.
This guide breaks down how to find a solicitor in Australia for your small business - what to look for, what to ask, and how to know you’re getting real value.
Note: This article is general information only and doesn’t take into account your specific circumstances. Legal requirements can vary depending on your business model and industry, and business structure decisions can also have tax and accounting implications - so it’s often worth speaking with both a solicitor and an accountant before you lock anything in.
When Do You Actually Need To Find A Solicitor?
Many business owners wait until a dispute lands in their inbox. But in our experience, the best time to find a solicitor is before you’re forced to make a legal decision under pressure.
Here are common “trigger points” where having a small business solicitor can save you time, money, and stress.
1. You’re Setting Up Or Changing Your Business Structure
If you’re deciding between operating as a sole trader, partnership, or company - or you’re restructuring as you grow - a solicitor can help you choose a setup that matches your commercial goals and risk profile.
Keep in mind that structure decisions can also affect tax, GST, payroll and reporting obligations, so it’s common to coordinate the legal setup with accounting advice.
For example, if you’re incorporating, you may need a tailored Company Constitution (instead of relying solely on default rules), especially if there are multiple owners or plans to raise capital later.
2. You’re Hiring Staff Or Contractors
As soon as you engage workers, you’re dealing with legal obligations around pay, entitlements, and performance management.
This is where well-drafted agreements matter. An Employment Contract can help set expectations clearly - including duties, confidentiality, IP ownership, and termination processes.
3. You’re Selling Online Or Collecting Customer Data
If you collect customer personal information (even just names and emails for marketing), you’ll want to think about privacy compliance early.
Having a properly drafted Privacy Policy is often important for customer trust and may be required in some situations (for example, depending on your turnover, what data you collect, and the platforms and tools you use such as payment providers, email marketing services, or ad platforms).
4. You’re Signing A Big Contract (Or Being Asked To)
Leases, supplier contracts, distribution deals, investor term sheets - they can look “standard” but include clauses that shift risk heavily onto you.
If the deal matters, it’s usually worth having a solicitor review it before you sign, so you’re not locked into obligations you didn’t expect.
5. You’re Scaling, Raising Money, Or Bringing On A Business Partner
Growth often comes with complexity: new locations, new products, new people, and more legal touchpoints.
If you have a co-founder, a clear Shareholders Agreement can set out ownership, decision-making, dispute resolution, exits, and what happens if someone leaves the business.
Even if everything is going well, putting this in place early is usually far easier than trying to negotiate it later.
What “Finding The Right Solicitor” Looks Like For A Small Business
Not every solicitor is a good fit for a small business.
Some lawyers specialise in litigation (court disputes). Others work mainly with large corporates. And some focus on personal legal matters (like family law or conveyancing). None of that is “bad” - it just might not match what you need day-to-day as a business owner.
When you’re trying to find a solicitor for your small business in Australia, it helps to look for these practical markers.
They Understand Commercial Reality
You want someone who can balance legal risk with business momentum.
That usually means:
- they don’t overcomplicate things;
- they explain trade-offs clearly (what’s “must-have” vs “nice-to-have”);
- they draft documents that reflect how you actually operate.
They Communicate In Plain English
If you leave a call feeling more confused than when you started, that’s a sign the relationship may not work.
A good small business solicitor should be able to translate legal concepts into clear next steps. This matters because you’ll often be making fast decisions - and you need advice you can action.
They’re Proactive, Not Just Reactive
The value of a solicitor isn’t only in “putting out fires.” It’s also in helping you prevent them.
That might include:
- identifying gaps in your contracts;
- flagging compliance issues early (before they become a dispute);
- suggesting practical policies or processes so your team stays consistent.
They Can Help Across The Areas You’ll Actually Touch
Most small businesses don’t need a different lawyer for every issue. But you do want a solicitor who has experience in the common areas business owners run into, such as:
- business setup and structuring;
- contracts (customers, suppliers, contractors, partners);
- employment law basics;
- consumer law and advertising claims;
- privacy and data handling;
- leasing and premises decisions.
If your business is in a regulated industry (like health, finance, NDIS, or anything involving licensing), you’ll also want to confirm they understand the compliance landscape.
Where To Find A Solicitor For Your Small Business (And How To Vet Them Quickly)
There are plenty of places to start when you want to find a solicitor - but your goal isn’t just to find any solicitor. Your goal is to find someone who’s a good commercial fit and can support you over time.
Start With Referrals (But Don’t Stop There)
Referrals from other business owners can be useful because they’re based on real experience.
But keep in mind: the solicitor who was perfect for a friend’s café might not be ideal for your SaaS startup or eCommerce brand. Use referrals as a shortlist, then do your own quick checks.
Check Their Focus Areas (Not Just Their Job Title)
Look at what they actually do day-to-day. Do they regularly work with small businesses? Do they publish content about business law topics? Do they offer fixed-fee packages for common needs?
If you mostly need contracts and setup advice, you’ll usually want a solicitor who actively drafts and reviews business agreements - not someone who primarily handles disputes.
Look For Clarity On Costs And Process
Before you engage anyone, you should be able to get clear answers on:
- how they charge (fixed fee, hourly rate, or package);
- what’s included and what isn’t;
- what the process looks like (intake, drafting, revisions, turnaround time).
Legal costs shouldn’t feel like a mystery. Predictability matters for small businesses, especially when you’re juggling cash flow.
Test Their Responsiveness Early
This sounds simple, but it matters: how quickly do they respond? Do they answer your actual questions? Do they ask smart follow-up questions about your business model?
The early experience is often a strong indicator of what it’ll feel like to work with them longer term.
Questions To Ask Before You Engage A Solicitor
If you’re not sure how to compare solicitors, asking the right questions can quickly reveal whether someone is the right fit.
Here are practical questions that work well for small business owners.
“Have You Worked With Businesses Like Mine?”
You don’t need them to have worked with your exact niche, but you do want familiarity with your operating model.
For example:
- If you run an online store, they should understand eCommerce compliance and consumer law issues.
- If you provide services, they should understand scope control, payment terms, and liability management.
- If you rely on contractors, they should understand contractor vs employee risk.
“What Are The Biggest Legal Risks You See For My Business Right Now?”
This question tests whether they’re proactive and commercially minded.
A helpful solicitor should be able to identify common risks quickly, such as:
- unclear payment terms and late payment issues;
- weak limitation of liability clauses;
- missing IP ownership clauses (especially with contractors);
- misleading advertising or refund misunderstandings under Australian Consumer Law (ACL);
- privacy compliance gaps.
“What Documents Should I Prioritise First?”
Small business legal work can be a long list. The right solicitor should help you prioritise based on risk and urgency.
For example, if you’re about to launch, your customer-facing terms may be more urgent than internal policies. If you’re hiring, employment documentation may come first.
“How Do You Handle Revisions And Updates?”
Businesses evolve. Your contracts and policies should evolve too.
Ask what happens if you need to update your terms in 6 months, or if you add a new product, service, or delivery model. This will help you understand the longer-term relationship (and cost).
“Who Will Actually Be Doing The Work?”
In some firms, the person you speak to initially isn’t the person drafting your documents. That can be fine, but you should know who is responsible, and how quality control works.
What Legal Documents Should A Small Business Solicitor Help You Put In Place?
If you’re engaging a solicitor for the first time, it helps to know what “good” looks like.
While every business is different, here are common documents that protect small businesses in Australia and reduce avoidable disputes.
- Customer Terms And Conditions or Service Agreement: Sets scope, payment terms, delivery timeframes, refunds, limitations of liability, and what happens if something goes wrong.
- Privacy Policy: Explains what personal information you collect, how you use it, and how customers can contact you about privacy concerns (often important if you collect emails, use analytics tools, or run marketing campaigns, and sometimes required by platforms or by law depending on your circumstances).
- Employment Contract: Clarifies role responsibilities, pay arrangements, confidentiality, IP ownership, and termination rights and processes.
- Contractor Agreement: Helps set deliverables, timelines, ownership of work product (including IP), confidentiality, and whether the contractor can subcontract their work.
- Shareholders Agreement: If you have co-owners, this helps prevent deadlocks and sets clear rules for ownership, decision-making, exits, and disputes.
- Company Constitution: If you operate through a company, this can support governance rules and how key decisions are made.
- Authority To Act: Useful if someone needs to sign or deal with third parties on your behalf, especially where banks, suppliers, or platforms require written confirmation (an Authority To Act can formalise this).
These documents aren’t just “legal paperwork.” They’re tools that help your business run smoothly, set expectations, and reduce ambiguity when problems arise.
If you’re unsure what you need, that’s normal - it’s exactly the kind of prioritisation a business-focused solicitor can help with.
Key Takeaways
- It’s usually best to find a solicitor before there’s a dispute, especially when you’re setting up, hiring, signing major contracts, or scaling.
- The right small business solicitor should be commercially practical, communicate in plain English, and help you prioritise what matters most.
- When you’re trying to find a solicitor, look for clarity on process and fees, and test responsiveness early - it often reflects the ongoing working relationship.
- Good legal support isn’t just “one-off advice”; it’s about building a strong foundation with the right contracts, policies, and structure.
- Key documents like an Employment Contract, Privacy Policy, Shareholders Agreement, and Company Constitution can help prevent misunderstandings and protect your business as you grow (but what you need will depend on your business and industry).
If you’d like help finding the right legal setup for your small business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
