If you’re running a business or about to start one, you’ll likely need legal support at some point—but who should you call? Should you work with commercial lawyers or corporate lawyers?

It’s a common point of confusion. While the two roles overlap, they serve distinct functions in the business world.

Understanding the difference will help you find the right legal support for your specific needs—whether it’s drafting contracts or handling complex mergers.

In this article, we’ll break down the difference between commercial and corporate lawyers in simple terms, so you know exactly who to turn to for what.

Quick Overview

Snapshot Summary: Commercial vs. Corporate Lawyers

• Commercial lawyers deal with day-to-day business operations like contracts, IP, disputes, and trading terms

• Corporate lawyers focus on the legal structure and governance of companies—think shareholders, mergers, and ASIC compliance

• Startups and SMEs often engage commercial lawyers first, while larger companies may also retain corporate law specialists

• Both are vital—but they solve different problems

Still not sure which you need? Keep reading to get clear on who does what and when you should call them in.

What Does a Commercial Lawyer Do?

A commercial lawyer handles the legal aspects of doing business. Think contracts, compliance, and the smooth running of your operations.

Their key responsibilities include:

• Drafting and reviewing contracts (clients, suppliers, employees, etc.)

• Advising on consumer law, privacy law, and advertising regulations

• Managing disputes, mediation, and negotiations

• Handling intellectual property protection (e.g. trademarks, copyright)

• Assisting with franchise or licensing agreements

Pro Tip:
If you’re operating day-to-day and need legal help with transactions, terms, or customer disputes—a commercial lawyer is your go-to advisor.

What Does a Corporate Lawyer Do?

Corporate lawyers deal with how a business is structured and how it’s governed. They’re essential for companies with complex shareholder arrangements, funding rounds, or board-level decision-making.

Corporate lawyers help with:

• Setting up company structures and shareholding

• Drafting shareholders’ agreements

• Assisting with mergers, acquisitions, and business sales

• Ensuring compliance with the Corporations Act and ASIC requirements

• Advising on corporate governance, director duties, and risk

Did You Know?
Corporate lawyers often work closely with in-house legal teams or boards of directors, particularly in larger businesses or high-growth companies seeking investors.

Key Differences at a Glance

When Your Business Might Need Both

In reality, many businesses will need both types of legal expertise—just not always at the same time.

You might start with a commercial lawyer if:

• You’re launching a product and need airtight contracts

• You’re hiring your first staff and need employment agreements

• You’re setting up a website and want legal disclaimers and privacy terms

• You’re negotiating a commercial lease or supplier deal

You’ll likely need a corporate lawyer if:

• You’re raising capital and bringing in investors

• You’re selling your business or acquiring another

• You’re dealing with shareholder disputes or changes in directorship

• You want to review board responsibilities or corporate governance

“It’s not about choosing one or the other. It’s about matching the right legal advice to the business challenge at hand.” – Australian Business Law Specialist

Quick Guide: Who to Call (and When)

A successful small business is growing fast. They’ve recently hired new staff, launched an online store, and are in talks with an angel investor. But legal concerns start to pile up—contracts, shares, compliance, and customer disputes.

Common Challenges:

• Who owns what if the investor joins the company?

• Are online policies and T&Cs compliant with Australian Consumer Law?

• What happens if a customer threatens legal action?

How to Solve It:

1. Call a Commercial Lawyer for Operational Issues: Get support with contracts, privacy policies, and dispute management.

2. Engage a Corporate Lawyer for Structural Advice: Get help preparing shareholder agreements and equity arrangements.

3. Keep Legal Documents Up to Date: Regularly update contracts and governance docs as your business grows.

4. Know When to Separate Advice: Some firms offer both services—just be clear about which legal hat your advisor is wearing.

Why It Works:

This dual-approach ensures the business is protected operationally and structurally—positioned for growth without hidden legal risks.

Need help managing growth legally? Start with the right kind of lawyer and scale smart.

FAQs: Commercial vs. Corporate Lawyers

Can the same lawyer do both commercial and corporate work?

Yes—many lawyers are experienced in both areas, especially in boutique or full-service firms. But always check their focus and experience.

Which lawyer is better for a startup?

Startups usually begin with a commercial lawyer to handle contracts, leases, and IP. As they grow, they may need a corporate lawyer for investor relations and governance.

What’s the cost difference between commercial and corporate lawyers?

Rates vary based on complexity. Expect $300–$600/hour depending on experience and whether you’re working with a specialist or firm.

What happens if I choose the wrong type of lawyer?

You may not get the tailored advice you need. A commercial lawyer might not be best for handling complex share structures—and vice versa. Clear communication upfront helps avoid this.

Are commercial and corporate lawyers only for big businesses?

No—SMEs, sole traders, and startups benefit from both. The difference is in the legal function, not the size of the client.

Conclusion

When it comes to legal support for your business, it’s not commercial vs. corporate—it’s commercial and corporate at the right time.

Each type of lawyer brings a unique skillset to the table: one focuses on your day-to-day business health, the other on your company’s long-term structure and governance.

Whether you're a small business just getting started or scaling with investors, understanding the difference will help you avoid legal blind spots and get the right advice when it counts.

Still not sure what kind of legal support you need? Start by identifying your biggest legal concern—and match it with the lawyer best equipped to solve it.