Choosing the Right Legal Advisor: A Guide for the Next Generation of Family Business Leaders

04 Sep 2025

By Graham Millar, Partner, Employment Law at Gilson Gray. 

Stepping into a leadership role in a family business comes with a blend of pride, pressure, and purpose. As the next generation takes the reins, modernising operations, expanding into new markets, and navigating complex family dynamics become top priorities. One of the most crucial – but often overlooked – strategic decisions you’ll make is choosing the right legal advisor.

Legal needs evolve as your business grows, and your legal support should evolve with it. Here’s how to make sure you’re backed by the right expertise, mindset, and values to take your family business into the future.

Why legal advice matters more than ever

Many family businesses are built on tradition and trust, with informal practices and handshake agreements. But today’s legal and commercial landscape is far more complex and more regulated than ever. Whether you’re dealing with employment law, restructuring, succession, or intellectual property, strong legal guidance is essential for protecting your legacy and unlocking growth.

What makes a legal advisor right for a family business?

Family businesses aren’t like other companies – and neither are their legal requirements. The ideal advisor must balance commercial logic with emotional intelligence. Here are key traits to look for:

1. Experience with family-owned businesses

Look for lawyers who understand the unique blend of family and business. They should be familiar with:

• Family charters and shareholder agreements
• Succession planning and inheritance law
• Conflict resolution among relatives

2. Holistic & long-term thinking

You want an advisor who sees beyond the next transaction. A good legal partner should:

• Help shape governance that lasts
• Advise on personal and family wealth alongside business strategy
• Flag long-term risks, not just solve short-term issues

3. Commercial & industry insight

Your legal advisor should understand your sector, market pressures, and growth plans. Whether it’s property, retail, agriculture, or manufacturing, they need commercial awareness – not just textbook knowledge.

4. Strong communication skills

The best legal advice is clear, jargon-free, and actionable. You should feel comfortable asking questions and confident in their explanations – especially if you’re inheriting responsibility for existing legal arrangements.

How to choose the right advisor

1. Start with referrals: Ask other family businesses, accountants, or trade associations for recommendations. Word of mouth is a powerful tool!
2. Interview more than one: Treat it like hiring a senior leader – chemistry matters.
3. Look for sector experience: A solicitor who “gets” your world will offer more practical solutions.
4. Assess proactivity: A great advisor anticipates your needs, not just reacts to problems.
5. Review fee structures: Look for transparency. Consider fixed fees – or other alternative fee structures – for ongoing support where possible.

What questions should you ask before engaging a solicitor?

• Have you worked with other family-run businesses?
• How would you handle a sensitive succession dispute?
• Can you help with both business and personal/family legal planning?
• What’s your approach to proactive legal risk management?
• How do you charge – and how do you communicate about costs?

Final thoughts

As the next generation of a family business, you’re not just continuing a legacy – you’re shaping its future. The right legal advisor isn’t just a box to tick; they’re a strategic partner who will help you navigate change, resolve conflict, and seize opportunity.

Take your time, ask the right questions, and choose someone who aligns with your values, vision, and the realities of both family and business life.