Posts

Do You Need a Lawyer to Review Contracts?

Do You Need a Lawyer to Review Contracts?

Do you really need a lawyer to review contracts? After all, you’re a smart person and can read it yourself, right? Why spend the money to have an attorney double-check it to make sure everything is aligned? 

The short answer is this: by hiring a lawyer, you spend a small amount of money now to prevent losing a lot of money later. Here are a few reasons why you should have a lawyer review business contracts. 

Lawyer Contract Review Reason #1: Avoid Pitfalls

The main reason to have an attorney look at your documents is to help you avoid potential pitfalls later on. For example, an attorney can identify if there is unclear language in the document which could lead to an issue later. A business contract is no place for gray areas. 

You want a contract to be very clear. Any kind of ambiguity opens a door for issues to walkthrough later on. But what seems clear to you or the other party may not necessarily be clear in the legal world. That’s why you need a set of eyes looking for these types of litigation gray areas. 

Lawyer Contract Review Reason #2: You Aren’t an Expert

You’re an expert in your field. That’s why other people or companies pay for your products and services. They trust in your skills and knowledge, which is how you’re able to produce something valuable enough to sell.

Are you an expert in contracts? No. Just because you’ve signed contracts in the past doesn’t make you an expert. It does give you an idea of what to look for, but it doesn’t mean you can rely completely on yourself in this matter. 

This is different than trying to do a basic maintenance task around your house, or learning how to use a new piece of software. Those things don’t have the potential to cause massive damage to your company and reputation. 

Contract lawyers, on the other hand, are experts. Let them do what they do best so you can do what you do best. 

Lawyer Contract Review Reason #3: Fight Fire with Fire

Contracts are usually a bit one-sided when they are first drafted. Whoever creates the first draft has their (or their client’s) interests in mind. That’s fair and makes sense, but it doesn’t mean you can’t do something about it. 

Hiring a contract attorney to review the document helps you balance the document so both sides win. The lawyer will be able to identify things that seem out of place and can recommend a change. They may also come up with ideas on what to add so the document is more reflective of your interests. 

Can you try to do these things without help? Sure. However, a fresh set of eyes from your attorney can make all the difference. It’s the same reason why authors hire editors, companies hire 3rd parties to perform market research, etc. 

So do you really need a lawyer to review business contracts? Yes – we protect your interests and help you avoid major problems down the road. 

Do you have a document you need to be reviewed? We’re here for you, click here to contact Von Esch Law today.

Why You Need a Lawyer to Prepare and Review Your Contract

Drafting a Legally Binding Agreement
A contract or legally binding could be verbal or on paper, but the most significant contracts are those that are signed by parties of two or more. Legally binding agreements are the core of your business and may be basic or sophisticated. Some instances of contracts include employment contracts, sales agreements, real estate purchase contracts, and confidentiality agreements.

The preparation of a legally binding agreement the action of writing out the conditions and terms to outline what both parties are obligated to do, in order to completely have an understanding of the agreement. Contracts can be drafted through any individual, but a lawyer is usually necessary to make a legally binding agreement that holds up and protects the parties.

How are the Contracts Prepared?
Legally binding agreements can be in various forms. The most common legally binding agreement is the standard form contract, otherwise known as the standardized agreement and is drafted by an individual of one of the parties. The alternative party can hardly argue the terms that are considered positive for them. Some examples of adhesion contracts tickets events, insurance policies, and apartment and housing leases.

What is a Contract Review?
An individual signing the contract will most likely cautiously review the contract or will have his or her attorney look over the contract. A contract review will make sure that you will have a full understanding of what you’re signing.

This is an important procedure to ensure that there will be rare contract disputes in the years to come. The initial piece of evidence that the court search for is the verbiage of the contract itself during a dispute. Both of the contract parties can make reference to the contract and point out what is expected of both parties if an issue were to occur.

A nicely written and well-understood legally binding agreement can lower the confusion between the two signers. Legal problems could happen if the agreement is not written clearly. For this reason, we suggest that you look through the agreement in and our or have one of our experienced attorney perform a complete evaluation of any contract prior to signing it.

Since legally binding agreements can be long and have become highly complicated, many individuals usually skim and skip through the content and do not really have the knowledge of what he or she are agreeing to. Having a qualified business lawyer evaluate your agreement or contract draft might save you from expensive legal woes in the future.

Click here to learn sexual harassment laws in California!

Should You Hire a Lawyer to Help with Writing the Contract and Reviewing It?

You need to prepare and understand your contract. This can be a complicated journey. It might be the best decision to speak to our experienced business lawyers.

Our experienced business attorneys will help you from beginning to end through the contract writing and reviewing process and safeguard you against anything that can go wrong. We will also help avoid other problems with the law that come up from an incorrectly drafted contract and support you in court, if needed.

Do you have a question about contract preparation and review? Click here to contact Von Esch Law today!

Courtesy of Cuselleration

Featured Image

3 Reasons You Should Have a Lawyer Review Your Contracts

It can be tricky as an entrepreneur to call up a lawyer to review a contract. But failing to do so can have devastating consequences for your business.

A lot of things can go wrong thanks with a bad contract. You could end up forking over a lot more money than you should. You could lose your rights to valuable property, and even expose yourself to risky (and costly) lawsuits.

Therefore, it is important to spend the money on having a lawyer review contracts. It will be a lot more expensive for an individual to come in at the end of the day to revise and fix a bad one.

Here are three reasons why you should have a lawyer review your contracts.

1. Courts Find Them Easier to Enforce
A good contract means that it holds weight in court. But a generic contract or one you wrote yourself, thanks to the internet might not be able to actually be enforced in your area.

If you’ve chosen to broker an oral agreement, it might not even be valid for certain types of transactions.

On the other hand, contracts that have been reviewed and edited by a lawyer ensures that important jargon and terms are included so the contract is valid. Plus, a good lawyer will make sure the agreement is up-to-date based on state laws.

This is particularly important when it comes to non-compete agreements. They can be a variable way for you to keep talent from working with a competitor, but a non-compete you crafted yourself probably will have some sort of error that could make the whole agreement non-enforceable.

2. Contracts Reviewed or Written by an Attorney Are Thorough
Poorly written contracts, or one with glaring gaps, could open you up to disputes or expensive lawsuits. Lawyers are experts when it comes to contracts. They understand how to write them in a clear manner and how to mitigate any potential problems on the horizon.

A good attorney who reviews a contract will be able to fill in the gaps that someone might have missed and will have the legal know-how to suggest additional clauses.

Lawyers know that a good contract includes stipulations about what happens if one party does not hold up their end of the bargain.

Well-written contracts also take steps to limit your liability in a scenario that is beyond your control. Additionally, they will incorporate so-called “boilerplate” clauses that will minimize frivolous disputes.

With the help of a good lawyer, a contract becomes a document that helps resolve problems. It becomes something that can help shorten the length of any disputes, and make sure you stand a better chance of
winning the case.

Click here to learn the 5 ways for your business to avoid legal issues!

3. Attorneys Can Help Craft Contracts That Save You Money
An experienced attorney in your industry will know about the types of standard language and terms. As a result, their expertise will translate in a contract that favors you, their client.

Having an attorney look over a contract, or taking the steps to revise one, can be a useful way for you to potentially save a lot of money. An attorney on your side can give advice about how to push the boundaries in your favor, or at least advise you about reasonable terms and negotiation standards.

If you are writing a contract on your own, and the other side has an experienced attorney working on theirs, you might be subject to unfair terms or be put at a bad negotiating vantage point.

Overall, getting good legal advice when it comes to contracts can make or break your business.

Do you have a contract that needs to be carefully reviewed by an attorney? Click here to contact Von Esch Law today!

Courtesy of Cuselleration

breach of contract

Avoiding a Breach of Contract

If you are starting or buying a small business, you should know a thing or two about contracts. A contract is an agreement between two or more parties, creating an obligation for a specific task. Every contract must have parties to it, terms, a commencement date, obligations and repercussions in the event of breach. A contract is formed when one party offers to do something, the second party accepts the offer, and something of value is traded in order to support the promise that was made. Each party that is involved is responsible for fulfilling the terms of the contract.

Read more