It can be easy to assume that we know what is a legal issue, but often there can be complexities that might make a non-legal matter seem like a legal matter. To help you avoid confusion, our Graduate Lawyer, Michelle Navarro, is breaking down what counts as a legal matter and what issues require other types of support. Read on.
First things first – what is considered a legal issue?
Michelle: A legal issue is a situation with legal implications that may need a lawyer’s assistance to resolve. Legal issues involve questions about rights, obligations, laws or legal principle. However, a dispute is not always a legal problem.
What are some examples of legal issues?
M: Here are some examples of legal matters that a qualified lawyer can assist with:
- Debt Collection Disputes
When a business or individual is owed money, and the debtor fails to pay, a lawyer can help navigate the collection process by negotiating repayment terms, filing proceedings, pursuing judgment and enforcement action. Lawyers can also assist in defending a debt, provided there is a valid ground for defence.
- Goods and Services Disputes
If a product or service does not meet the agreed-upon standards or specifications, this can result in a legal dispute. For example, if a contractor delivers work that fails to meet the contract requirements or a product is defective, a lawyer can assist in pursuing claims for breach of warranty or seeking remedies.
- Contractual Disputes
Disagreements over the terms of a contract can arise in various business transactions. Examples include a breach of contract, failure to perform as agreed, or disagreements over contract interpretation. A lawyer can help resolve these disputes through negotiation, mediation, or litigation.
- Shareholder or Director Disputes
Conflicts among shareholders or between directors of a company can impact business operations and decision-making. Dispute examples include disagreements over company management, financial issues, or corporate governance. Legal assistance can be crucial in resolving these conflicts and protecting the interests of all parties involved.
- Property Disputes
A property dispute means a disagreement or conflict involving property rights or interests between parties. Examples of property disputes can include:
Landlord-Tenant Issues: Disputes between landlords and tenants regarding issues such as rent payments, maintenance responsibilities, lease terms, or eviction.
Property Ownership: Disagreements about the ownership or title of a property, including disputes over inheritance, joint ownership, or the validity of property transfers.
Easements and Rights of Way: Conflicts over the right to use a portion of another person’s property for specific purposes, such as access roads or utility lines.
- Family Law Disputes
Where the parents or caregivers of children cannot agree to the care arrangements for those children, they may seek the assistance of lawyers and the Court to resolve the matters.
What are some examples of matters that don’t count as legal issues or matters that people often confuse as legal issues?
M: While legal issues involve matters with legal implications that typically require the expertise of a lawyer to resolve, non-legal issues do not involve legal rights or obligations and can be addressed through informal means or non-legal frameworks. These include personal, social, or ethical concerns. Here are some examples:
- Neighbourhood Disputes: Neighbours may argue over where vehicles are parked if one neighbour feels that another’s car is blocking their driveway or using a space they consider reserved. Neighbour disagreements can arise about the upkeep of lawns or gardens if one neighbour might be unhappy if another’s overgrown plants or lawn clippings encroach on their property.
- Workplace Disagreements: Disputes between colleagues over differing opinions on work management or work methods.
- Friendship Conflicts: Disagreements between friends due to misunderstandings or differing personal values and beliefs.
These conflicts involve personal differences and are typically resolved through communication, negotiation, or mediation rather than legal intervention.
If a person is unsure about whether they need legal support, what advice would you have for them?
M: If a person is uncertain about whether they need legal support, they should consider seeking advice from professionals who can help clarify their situation. It’s important to understand that legal issues may overlap with various areas of law, such as family law, Wills and Estates, or property law.
As lawyers, we understand how the law applies to specific situations. We have in-depth knowledge of the law and the sometimes complex nature of legal procedures, so we can offer expert advice on the best course of action and implement it to effectively address and resolve the legal issue at hand.
To chat with our team at SE Lawyers and clarify your legal matters, get in touch with our team here.