There are two steps in the contracting process, negotiation and drafting. Having an attorney assist you in the negotiation is extremely beneficial. Often the other party is discussing matters with their attorney or may have an attorney participating in the process. You do not want to be at a disadvantage. Having an attorney involved can also avoid the need to re-open negotiations after an agreement was reached. If you wait to strike a deal before consulting an attorney you may find there are important points that were overlooked or terms that are detrimental to your business and need to be changed. Having an attorney participate in the negotiation of a deal from the beginning will make the process smoother and ensure your interests are protected.
The second step is reducing the terms of your agreement to writing. There are a myriad of websites that offer generic contracts for do-it-yourselfers but what these resources fail to do is stress that legal contracts are complex documents. Businesses that use these services often do not understand most of the language in the contract or the purpose that certain clauses serve. This can lead to surprising and unexpected obligations or even limitations on the rights of the company.
The truth is every clause in every contract is important. Understanding your business’s goals and how the terms of a contract affect those goals is critical to running a successful business. Reducing the terms of an agreement to writing is an art, not a commodity. I can take the time to explain what a contract means to your business and draft a contract that is custom to your business’s needs. No unexpected terms. No surprising obligations or limitations.
Below are just a sample of the types of contracts I can assist with:
* Employment contracts
* Intellectual Property licensing agreements
* Real estate purchase agreements
* Commercial leases
* Software licensing agreements
* Business start-up agreements
* Entity Formation documents
* Operating agreements
* Shareholder agreements
* Confidentiality agreements
* Independent Contractor agreements
* Construction contracts
For information on breach of contract disputes, see my breach of contract litigation information.