The best thing to do is to try safer paths

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Of course, there are operations that, by their nature, deserve greater attention and participation from lawyers, when they are not exclusively legal. We are not talking exclusively about administrative and judicial processes, although we will not rule them out. We are talking, for example, about the drafting of the articles of association or bylaws, the partnership agreement (on this subject, we wrote the Manual for Drafting Social Contracts, Bylaws and Partnership Agreements . 8th ed. Editora Atlas, 2024), as well as various contracts, etc. And, even here, it is necessary to be aware of parallel considerations, linked to other areas, such as Accounting and even Business Administration. As masters of legal technology, lawyers are not always happy with judgments of convenience, competitiveness, profitability, non-legal logistics, activity management, etc.

Many experienced this during the COVID-19 pandemic, particularly between 2020 and 2022. Restrictions on the movement of people required many business owners and professional activities to adapt, such as bulk sms usa online sales (e-commerce), digitalization of services, remote provision of services, etc. The movement involved several non-legal aspects: information technology, marketing, graphic design, engineering, logistics, etc. But it would have been better when checked or developed together with lawyers: standard contracts, manuals and warnings, payment methods, outsourcing (transportation, etc.), sales channels and internet platforms (marketplaces), logistics condominiums. It is important to never forget that partnerships are contracts and, if defective, will result in legal problems and litigation.

Opening and closing stores, centralizing production or outsourcing part or parts of it, selling directly or through representatives or resellers, and similar issues only affect the law by reflex: they need to conform to what is lawful. In other words, once the administrators and/or partners, assisted by their specialists and consultants, have completed their outline of what they consider to be the best architecture for the production activities, it will be necessary to carry out a legal review of what they intend and, unfortunately, we do not have a culture that reflects this need: neither lawyers who offer this service, nor the business habit of using them. The result? If luck favors, what was planned and put into execution will be lawful and that's it: all good. The price of the error varies according to the illicit act characterized: citation (tax, labor, etc.), fine, characterization of a crime, etc.