Drafting Contracts and Reviewing Contracts
Most contract litigation can be costly and time-consuming. To avoid any future contract litigation it is best to design contracts that foresee and prevent disputes in the future. In that manner, creating a great contract can save a business money, time, and energy in the long run. Many lawsuits arise due to ambiguous, flimsy, or contradictory clauses or provisions. One of the most important rules in creating a contract is not letting any part of the contract be up to interpretation. Sometimes, words used in the contract are not clear or have multiple meanings. Other times, lawsuits arise due to parties signing a contract that they later realize has unfair or deceptive clauses. Thus, the advantage of having an attorney review your contract is that an attorney can understand and explain the hard-to-understand legal language in the contract.
Although you can easily find contract templates online, the best practice is to have an attorney create a contract from scratch that is customized to your business’s needs instead of using generic contracts. By creating a contract from scratch, you can think of and address all the things that could go wrong. You can include in your contract alternative ways to resolve disputes, such as mediation, that would be cost-effective. In addition, you can also include a specific law or jurisdiction that governs your contract, should it go to court. A clause that discusses how attorney’s fees will be paid can save you money should any lawsuit arise.
Even if you are drafting a contract on your own, it is best to have an attorney review it to make sure it is in sync with the contract laws of your state or region and that it protects you and your business interests from all kinds of potential harm. Often, when people write a contract on their own without the help of an attorney or when they use generic contracts, they do not spell out all the aspects of the business transaction or list any third parties that will be involved. Occasionally, ambiguous language in the contract can even create loopholes for the other side. Generally, if the business transaction is significant to you or your business, it is best to have an attorney analyze the contract.
At Raheen Law Group, we can assist clients with reviewing and understanding prior to signing a contract or agreement to preserve your rights, interests and needs. We can also assist with drafting and creating legally binding contracts or agreements, negotiating the terms of a contract, enforcing the terms of a current contract, or pursuing legal action due to a breach of contract.
If you need help understanding, creating or enforcing a contract, contract us for a consultation.