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A client recently lost a $30,000 deal because her generic contract had vague intellectual property terms that couldn't give her potential client the assurance they needed about IP rights and ownership. 

When you're investing serious money in consulting services, you want clear answers about who owns what at the end of the project. Her template couldn't provide that clarity, and it cost her the deal.

I understand the appeal of templates. When you're transitioning from corporate life to running your own consultancy, legal documents feel like just another item on an endless to-do list. Templates are quick, cheap, and seem like a logical shortcut when you're juggling website design, branding, and actually finding clients.

But here's what this client learned the hard way: legal documents aren't just paperwork - they're the foundation of every business relationship you'll build. When clients can't get clear answers about intellectual property ownership, partnership terms, or project deliverables, they start questioning whether you're the right choice.

LINKS:

Episode Website:  

https://tmsolicitor.com.au/rise-up-in-business-podcast/tailored-legal-documents-for-consultants

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Discover the Masterclass Series here

Check Your Legals with the Essential Legal Checklist here

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For the first time in over 20 years, Australia is overhauling its privacy legislation in a big way, and the small business exemption is gone. If you're running a business with under $3 million turnover and thought you could skip having a privacy policy, those days are behind us. Today, we're talking about why this isn't just bureaucratic mumbo jumbo - it's about trust, credibility and not getting caught scrambling when it's too late.

AI is a fascinating and valuable tool, but it comes with serious responsibilities around client data that most business owners aren't thinking about. I'm taking you through what you need to know about the AI platforms you're using, why those days of just clicking 'I agree' are over and how to safely integrate AI without taking chances with sensitive information. Plus, the transparency rules you need to follow when AI interacts with your customers.

From getting your privacy policy sorted to understanding exactly what your AI tools do with your data, we're covering the practical steps to keep your business running smoothly and legally. Including a real-life example about CapCut's terms that could cost you ownership of your content - and why reading the fine print has never been more important.

Episode Website:  https://tmsolicitor.com.au/rise-up-in-business-podcast/privacy-law-ai-what-small-businesses-need-to-know

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Discover the Masterclass Series here

Check Your Legals with the Essential Legal Checklist here

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There's something energising about the end of financial year and in my business, I use this natural checkpoint as an opportunity to set myself up for success in the financial year ahead.

EOFY is a perfect time to step back, assess what's working and make strategic adjustments before diving into the next twelve months. So today I'm sharing the exact process I use every year in my own business and with the clients I work with to realign vision and build strong foundations for the year ahead

1. Financial Reality Check

2. Debt Strategy Review

3. Pricing and Value Alignment

4. What Worked (And What Didn't)

With a full year of data, you can identify patterns that quarterly reviews might miss. Which strategies delivered unexpected wins? What initiatives fell flat? This reflection helps you double down on what's working and eliminate what's draining resources without results.

5. Annual Legal Review Checklist

In my opinion, an annual review of your legals is non-negotiable. This is what I recommend you check over to ensure every aspect of your business is compliant and protected.

Core Client Documents:

• Client agreements 
• Website terms and conditions
• Privacy policy 

Team Structure and Agreements:

• Employee agreements
• Contractor agreements
• Review of your team structure to ensure proper distinction between employees and contractors

Business Operations:

• Commercial lease review (if applicable)
• Process for managing unpaid invoices
• Insurance coverage assessment

Instead of just ticking compliance boxes, treat this like your annual business check up. The time you invest now in reviewing, adjusting, and planning will pay dividends throughout the coming financial year.

LINKS:

Sign up for my fortnightly Briefing Notes here

Discover the Masterclass Series here

Check Your Legals with the Essential Legal Checklist here

Book a Free 20-minute Initial Consult with me here

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Running a business is deeply personal and today I’m sharing a special episode for all my interior design business owners out there. Your creativity, your vision, your late nights perfecting client presentations - it's all an extension of who you are. But here's what I've learned from countless conversations with designers: passion alone won't protect your business when things go wrong.

I recently spoke with Katie McFarlan from Dakota Design Company, who really brought this point home. Katie isn't an interior designer herself, but a business consultant who specialises in the operational side of design businesses. With over 20 years in operations and project management, plus experience running her own wedding and event planning business, she understands luxury service industries from the inside out. She's worked with over 400 interior design firms, helping them streamline operations so they can focus on what they love most: creating beautiful spaces.

Unfortunately, Katie knows firsthand what it feels like to have her intellectual property stolen. Despite having solid terms of use in place, a client that she had worked with closely stole her business processes and templates and presented Katie's work as their own. Investigating further, Katie discovered that it wasn’t just this one client - multiple previous clients had done the same thing.

This wasn't just a legal violation - it was personal. When someone takes your intellectual property, they're not just copying processes; they're stealing pieces of your creative soul and the countless hours you've invested in developing your unique approach.

Thankfully, Katie's had robust contracts to fall back on, which gave her the legal standing to take action. But it still wasn’t easy. It was deeply confronting, unsettling and very personal.

Your passion for design might drive your business, but the right protection is what sustains it. Don't wait until someone takes advantage of your trust to realise the importance of proper contracts and clear boundaries.

I have no doubt that this poignant conversation with Katie will get you thinking about your own business. She shares so many pieces of wisdom about how to better protect yourself and create a truly wonderful client experience that sets your business apart.

What's one area of your business that might need stronger protection? The conversation is worth having before you need it.

LINKS:

Connect with Katie McFarlan

Website: www.dakotadesigncompany.com

Instagram: @dakotadesigncompany

Luxury Client Experience Download: https://www.dakotadesigncompany.com/luxury-client-experience-free-download 

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Check Your Legals with the Essential Legal Checklist here

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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 here

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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 Expectations

Your client agreement needs to clearly outline:

• Exactly what you're delivering (and what you're not)
• How additional requests will be handled and billed
• Who owns the intellectual property
• What happens if either party needs to end the relationship

Intellectual property

Without 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 Complications

Recent 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 here

Discover the Masterclass Series here

Check Your Legals with the Essential Legal Checklist here

Book a Free 20-minute Initial Consult with me here

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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 Penalties

Your 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 Clauses

Since 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. Templates

Templates 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 here

Discover the Masterclass Series here

Check Your Legals with the Essential Legal Checklist here

Book a Free 20-minute Initial Consult with me here

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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 Industry

It’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 here

Discover the Masterclass Series here

Check Your Legals with the Essential Legal Checklist here

Book a Free 20-minute Initial Consult with me here

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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 money
• The hidden costs of poor contracts
• How to protect your profits with proper agreements
• Common contract myths debunked
• Practical steps to implement strong T&Cs

Questions 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-profits

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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-growth

Sign up for my fortnightly Briefing Notes here

Discover the Masterclass Series here

Check Your Legals with the Essential Legal Checklist here

Book a Free 20-minute Initial Consult with me here

Join me on Instagram here