By Tracey Mylecharane
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
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The podcast currently has 191 episodes 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-business
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
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 agreements
Ideally, 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 Checklist
Episode Website: https://tmsolicitor.com.au/rise-up-in-business-podcast/where-to-start-when-working-with-a-business-lawyer
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
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 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
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 Criteria
The law considers various factors to ascertain whether an arrangement is genuinely that of a contractor:
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 Benefits
One 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 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
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 Processes
2. Evaluate the ‘Why’
3. Set Clear Expectations
4. Create Robust Systems
5. Training and Communication
While 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: @paulmaidensconsulting
Episode Website: https://tmsolicitor.com.au/rise-up-in-business-podcast/reframing-the-new-right-to-disconnect-rules-with-paula-maidens
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
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-coach
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
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 Boundaries
Kate’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 business
Unclear 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.com
Instagram: https://www.instagram.com/lifeandbusinessinflow/
Previous episode mentioned: What it really means to Flourish in business, with Kate Addamo
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
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-matters
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
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.studio
Website: 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-syvertsen
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
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 Creep
If 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 Documents
Too 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 Systems
Another 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 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
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