Legal support for businesses: what it covers, and when it costs less than the alternative

Most businesses call a lawyer once there is already a problem. Ongoing legal support works the other way round: it catches the problem while it is still a clause in a contract rather than a claim. This page explains what that support covers, how it is priced, and how it differs from one off advice.

“The question is not what ongoing counsel costs, but what the clause nobody checked costs.”

Adv. Erez Sapir
A team meeting in an office, illustrating ongoing legal support for a business
Adv. Erez Sapir, Head of Commercial Law
By Adv. Erez Sapir
Updated · About a 6-minute read

What ongoing legal support is

Ongoing legal support is not a series of meetings. It is a lawyer present at the decision points of the business: before signing a material contract, before a partner or investor comes in, before hiring a senior employee, before a change of structure, and before any commitment the business cannot easily exit.

The difference between support and one off advice is not scope but timing. One off advice arrives after the question has been asked, and usually after the other side has drafted the document. Ongoing support is in the room beforehand, while it is still possible to decide what the document will look like.

That gap is almost always an economic one. An hour of drafting in advance costs an order of magnitude less than a proceeding conducted afterwards around a clause nobody wrote.

Support by stage of the business

Before formation. Choosing the structure: sole trader, partnership, limited company or non profit association. The choice affects personal liability, taxation, running costs and the ability to raise money. See choosing a business structure.

At formation. Registering the entity, drafting articles and a founders or partnership agreement, securing ownership of intellectual property, and the first engagements.

In growth. Supplier and customer contracts, employment agreements, confidentiality agreements, incoming investors, and adapting the governance structure to the new size.

In change or crisis. A dispute between owners, cash flow difficulty, sale of the business or an orderly closure. Here acting early matters: the tools available at an early stage are far wider.

What it covers in practice

Contracts. Drafting and reviewing supplier, customer, distribution, agency and franchise agreements. A focused review of a contract the other side drafted is worth more than a general read of it.

Structure and ownership. Articles, shareholders agreement, allotments, entry and exit of partners.

Employment. Employment agreements, confidentiality and non compete clauses, termination, and the distinction between an employee and an independent contractor.

Regulation and licensing. Licensing duties applicable to the field, and in particular business licensing.

Collection and credit risk. Payment terms, security, personal guarantees and collection.

Transactions. Buying or selling a business, due diligence and investment agreements.

When to call, and when it is late

There are moments where an early call changes the outcome, and once they pass what remains is damage control. The main ones:

Before signing, not after. A signed contract is a far worse starting position than a draft.

Before you start working together. A partnership arises from conduct, not only from a document. See registered and unregistered partnerships.

The moment a warning sign appears with a customer. A deferred payment, a change in ordering pattern, a request to reschedule debt. These are a short window in which security can still be obtained.

Before transferring an asset or splitting activity. Transfers made close to difficulty are examined afterwards in a different light.

Before dismissing an employee. The decision can almost always be implemented more soundly if it is planned in advance.

Engagement and pricing models

Monthly retainer. A fixed volume of hours or type of activity for a monthly fee. Suits a business with a steady flow of contracts and questions. Its real advantage is not the price but that it removes the psychological barrier to the short call that prevents a mistake.

Hourly. Suits irregular activity. Simple and transparent, but it encourages postponing short calls, which is exactly what you do not want.

Fixed price per project. For a defined drafting task, a due diligence exercise or setting up a structure. Full certainty on cost, and it requires precise scoping in advance.

A combination. The most common in practice: a basic retainer for the ongoing work and separate pricing for exceptional projects.

Choosing a lawyer for your business

Fit to field and size. A firm used to very large transactions does not necessarily serve a ten person business well, and the reverse.

Genuine availability. Support is worth something only if you can reach it on the day the client wants to sign tomorrow.

Breadth. A business is not divided into practice areas. A question that starts in a contract runs into tax, employment and sometimes regulation. A firm covering the breadth saves you the coordination.

Transparent pricing. A written fee agreement defining what is included and what is billed separately.

Commercial understanding. An answer that is simply not allowed is usually a lazy answer. The good answer sets out the risk and the way to manage it.

How we work

The commercial law department at Mor and Co. supports businesses from formation through restructuring or closure. We start by mapping: how ownership is structured, which contracts bind the business today, where the personal exposure sits, and what is missing. The map produces a list of priorities rather than a wish list.

The work draws on the other departments of the firm where needed, in employment, real estate and enforcement, so an issue crossing practice areas does not require you to coordinate between several providers.

The firm holds ISO 9001 certification, which has one practical meaning for a business client: documented work processes and orderly tracking of deadlines.

Contact

The head of department is Adv. Erez Sapir. For an introductory conversation and an initial mapping: 02-5953322 in Jerusalem, 03-3030430 in Tel Aviv, WhatsApp 050-4411343.

Questions and answers

Frequently asked questions about legal support for businesses

What is the difference between ongoing support and one off advice?
The difference is timing rather than scope. One off advice arrives after the question has been asked, usually after the other side drafted the document. Ongoing support is present at the decision point, while it is still possible to shape the document.
At what size does a business need ongoing support?
There is no size threshold. The practical measure is frequency: a business signing material contracts several times a year, employing staff, or having more than one owner, will benefit. A business with none of those can manage with advice as needed.
What does legal support for a business cost?
It depends on the model: a monthly retainer, hourly billing, or a fixed price for a defined project. The most common arrangement in practice is a basic retainer for ongoing work plus separate pricing for exceptional projects. In every case a written fee agreement defining what is included is advisable.
Does my lawyer need to specialise in my industry?
Not necessarily in the industry, but in the type of issue. Distribution contracts, shareholders agreements and licensing are legal skills that do not depend on the sector. What matters more is that the adviser understands the structure of the transaction and of the risk.
When is it too late to call?
It is never too late, but the room to act narrows. A signed contract, a transferred asset or a dismissed employee all reduce the options. The simple rule: if you are wondering whether it justifies a call, it justifies a call.
Do you support small businesses and sole traders?
Yes. A significant part of the ongoing work is with small and medium businesses and with sole traders, mainly at the stage of choosing a structure, in drafting customer and supplier contracts, and in putting collection arrangements in place.
Commercial law

Want to know where your business is exposed today?

Tell us how ownership is structured and which contracts bind you. We will return a short map of the exposure and a list of priorities.

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