Legal Awards 2020

9 | SME NEWS - Legal Awards 2020 Feb20348 Through his practice, Via Legalis, Lev Klyuvgant offers best in class legal consultancy and legal management services across a plethora of areas and specialisms. Here, Lev offers some vital insight into his work and expertise. Best General Legal Consultancy - London Lev describes his practice as an ‘on demand’ alternative to a full-time in-house or personal lawyer. He emphasises that it goes beyond legal advice, offering legal management services to minimise the amount of practical inconvenience and hassle of dealing with a legal issue. Depending on the nature of a legal issue, Lev can either deal with it himself or use his trusted industry contacts and market knowledge to select the most appropriate specialist candidate(s) for the job at hand. In the latter scenario, his legal management services can significantly free up a client’s time by reducing their day-to-day involvement in the process – to put it simply, clients won’t be overwhelmed with correspondence, lengthy documents, administrative matters, etc. Lev draws the analogy of an interior designer: “With the benefit of their expert insight and advice, you discuss and agree, what you need, want, like and your budget. They then source all the necessary elements and supervise the implementation of the project, consulting with you as required. Regularly or occasionally, you discuss progress, costs and other significant matters, but you don’t hunt for furniture or interact with the contractors yourself.” Lev’s clients are mainly start-ups, small businesses and individuals. He knows that emotional investment, limited resources and unfamiliarity with the legal industry can make dealing with legal issues a real challenge for his clients. Here, he breaks down some common themes that he comes across with such clients: “It won’t happen to me” There is real danger in clouding your judgment with pre-deal excitement. I’d hear “It won’t happen to us because [x], [y], [z]…” or “I just need to close this deal now – we will sort other stuff out later.” At the start of a new business venture, a bitter fallout usually seems just a theoretical possibility. However, the business relationship will be tested throughout its lifecycle and you should be contractually protected if things go wrong. They often do. It is estimated that only about 12% of SMEs consider various legal issues a realistic threat for them. The actual losses to the UK’s SME economy from failing to address legal issues properly are estimated at over £13 billion p.a. The single largest element being legal disputes at 13.2% and costing c.£1.7 billion p.a. All the extra time or uncomfortable discussions needed before entering a new business relationship might seem like unnecessary formalities delaying the end result. However, they are negligible compared to monetary and emotional costs, which may come as a result of not being properly protected from the start if something goes wrong. Fairness vs Justice Dealing with a contentious legal issue can be emotional. People often quickly develop a firm view of fairness, especially when the other side’s wrongdoing appears obvious. It’s not that simple. Legally and factually, it’s often a lot more complicated than it might seem to a participant in an emotional state. In any event, the legal system must let the other side present their perspective and the court must consider it in its decision making. It’s best not to expect or assume that what you consider a fair outcome will also be the court’s view of what is just in your case. Judicial process It can seem a real nuisance that a lot of work on your part is required to bring and advance a case. I’d hear “It’s obvious they’re wrong – what do I need to show?” or “Everything is obvious as it is – they should be defending themselves instead!” Verbal assertions aren’t enough in English courts. The claimant has to prove their case, no matter how blatant the wrongdoing or its consequences might seem. There is also a difference between contextual narrative and arguments. There may be various events or behaviour by the other side which seem to support your position. However, unless they are accompanied by coherent arguments and evidence, such context is of little use. To maximise your chances of success, you will need to present the court with a compelling story convincingly supported by appropriate evidence. That usually requires quite a lot of work on your part, but one day, you could be on the other side of the process and you will want the benefit of what now seems so irritating. Bigger picture Litigation can be a very powerful tool, but it can also be futile without any financial recovery. A favourable final judgment is not always the final victorious stage that many think - it doesn’t guarantee financial recovery. A losing party could refuse to comply with a judgment or have no assets within easy reach of the court. Enforcement of a judgment, especially if you are hunting for hidden assets or assets abroad, can easily become another costly and protracted saga with no certainty of any recovery. It is, therefore, essential to assess the realistic likelihood of recovery before commencing litigation, regardless of your case strength. Otherwise, the time, effort and money spent on litigation could be a total waste. Practice Name: Via Legalis Contacts: LK@vialegalis.co.uk / 0207 112 8172 Address: 18 Fitzhardinge Street, Marylebone, London, W1H 6EQ, United Kingdom Website: www.vialegalis.co.uk