Posts

Why You Need a Lawyer to Prepare and Review Your Contract

What is Contract Preparation?
A contract is a legally binding agreement. Contracts could be written or oral, but most important contracts are often written and signed by both parties. Contracts are the foundation of your business, and might be simple or extremely complex. Examples of contracts include sales agreements, employment contracts, real estate purchase contracts, and confidentiality agreements.

Preparing a contract is the act of writing out the terms and details of the contract, in order to outline the legal obligations of both parties, so that they fully understand the terms of the agreement and their respective duties towards each other. Contracts can be drafted by anyone, but a lawyer is often needed in order to make a reliable and secure contract, especially for the more complex contracts.

How are the Contracts Prepared?
Contracts might appear in many different forms, but one of the most used contracts is a standard form contract. A standard form contract, or standardized agreement is a contract between two parties, where the contract is prepared by one of the parties, and the other party has little or no ability to negotiate the terms that are more favorable for them. Common instances of adhesion contracts include insurance policies, housing and apartment leases, and tickets to events or shows.

What is a Contract Review?
To simply put it, a contract review is when a person signing the contract carefully reviews the document or has a lawyer review the document. This is to ensure you fully understand the terms and conditions of the contract.

Contract review is an essential step to make sure that there are little to no contract disputes in the future. When a contract dispute occurs, the first thing that the courts look at is the language of the document itself. If a problem were to happen, both parties could refer to the contract and pinpoint what is expected of them.

A clearly written and easily understood contract could reduce confusion between the parties. But if a contract is not written clearly, legal issues might arise. Therefore, it is imperative to thoroughly review or have an attorney perform a complete review of any contract before you sign it.

Since contracts could be lengthy and have become increasingly complex, most people often skim over paragraphs and do not actually know what they are signing. Having a qualified business lawyer look over your contract or contract draft may save you from a legal mess down the road.

Click here to learn sexual harassment laws in California!

Should You Hire a Lawyer to Assist with Contract Drafting and Review?
Preparing and understanding contracts could be a very complex process. It might be in your best interests to consult with our knowledgeable and well qualified business attorneys.

Our experienced business attorneys will assist you from start to finish through the contract drafting and reviewing process and safeguard you against any complications. We will also help prevent other legal issues that arise from a poorly written contract and represent 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

Here Are 5 Reasons Why You Should Have a Lawyer Review Your Contracts

Being a business owner comes with a lot of work and you will have to review and look through a lot of paperwork that comes across your desk.

Part of the process for businesses is signing contracts and agreements with other people or companies who you want to work with. Flipping through these documents can be a tedious task, especially if the other party in an agreement comes with their own contracts to sign.

You might be tempted just to sign off on any agreement that comes by, but this can be a big mistake. It is always better to have an experienced lawyer review your contracts, even if you believe they are ironclad. This is especially true if another party brings their own contract or wants to revise parts of yours before they sign.

Here are a few reasons why you should hire a lawyer to review your contracts.

1) Hiring legal counsel will save you a lot of time and money as opposed to trying to solve problems down the road that emerged from a bad contract. A good lawyer will be able to advise you about certain terminology in contracts and be able to help you to articulate your thoughts into words that will give all parties in the contract the proper protection.

They will also be able to review your business structure and ideas and give advice about the potential pitfalls down the road that can be avoided with a good contract. All of this will be significantly cheaper than trying to fix problems after they occur.

2) A lawyer who reviews contracts serves as a valuable outside pair of eyes for your business. Many entities write and see contracts as just a tool to make money, or to market in a particular way. This can cloud the judgment of those actually writing contracts, potentially setting up problems in the future. Lawyers often look at contracts every day for clients who work in a number of industries. They will be able to look at yours with an objective perspective that will not be a distraction to other work and operations.

3) Having a lawyer review your contracts gives you a sense of legal protection if something does go wrong. If you just review your contracts, all the litigation is going to be on you because there will be no recourse. If your lawyer looks at one, then they can potentially be sued if something goes wrong.

4) Having a lawyer review a contract can make you more competitive in the long run. Other parties who want you to sign their contract usually have it written with their best interests in mind. Signing these can really hurt you down the road. Having an independent review of any contract gives you peace of mind to know a contract will not be egregiously advantageous to one party or the other, and might even help your future competitiveness in comparison to other businesses. A good lawyer is going to understand the legal terms in contracts that could have serious consequences and will be able to draw on their expertise to advise about what to watch out for.

Click here to learn what you need to know about California Collection Laws!

5) Very few business owners have any sort of knowledge when it comes to contracts. It’s always smart to stick with what you know and hire the experts to fill the gaps. Lawyers bring a lot more experience to the table when it comes to employment issues, leases, and business agreements.

Do you have a question about getting a lawyer to review your contracts? Click here to contact Von Esch Law today!

Courtesy of Cuselleration

Featured Image

What You Need to Know About Fraud in California

Fraud is something that can get anyone tangled up. Most fraud cases do not come at the hands of random people or strangers, but occur through someone who was trusted and then got swindled. This is a big issue because people who are victims can quickly become embarrassed and unwilling to share what happened to the proper authorities.

Across many jurisdictions, fraud is both a criminal and civil matter, even though fraud has a narrow legal definition. In California, there are activities that seem like they constitute as fraud, but are not seen as such in a court of law.

There are a few different categories of fraud. These include a deliberate misrepresentation of a fact that was knowingly false, especially if an individual believed that fact to be true.

Another is the deliberate hiding of a fact by a fiduciary, or the negligent misrepresentation of one, that a victim relied on and was harmed as a result.

These definitions can be a bit vague, but the important fact about fraud is that it takes place when another party betrays the trust of someone. Fraud can also take place amid complex transactions, making it even harder for people to pick up on.

One of the best ways to catch fraud is to simply keep detailed records, especially with your financial transactions. Holding onto receipts, bank statements, and any other financial records makes it a lot easier for an experienced professional to get a grip on fraudulent activity and take the proper steps to remedy an issue.

Click here to learn why you should have a lawyer review your contracts!

Always make sure to have a clear grasp of any terminology in a contract before signing, especially if it has to do with a large sum of money. Many people get tricked through deceptive or confusing language. Do not hesitate to enlist the advice of our experienced attorneys to look over an agreement or deal before you sign.

Another way to cut down on risks of fraud is to simply make sure you deal with the right people. Check out reviews and recommendations before engaging with a business, and make sure they have proper licensing as it pertains to California law.

The legal system in California gives people a few options if they have been defrauded, as most of the recovery from such a case will come in the form of damages.

The most common measure is the “out of pocket” rule in California. This makes sure people get compensated in a fraud case for the money they actually lost.

Another one is called the “benefit of the bargain” rule, which gives people the difference in what they thought they would get minus what was actually received. It is important to note that debt is not able to be discharged during bankruptcy for instances of fraud. People who have committed fraud are mandated to pay back their debts, even if they go into bankruptcy.

If you feel like a victim of fraud, be sure to talk to our legal experts for your case. Our attorneys will be able to review and give you advice in the pleading stage of your case.

Do you have a question about fraud in California? Click here to contact Von Esch Law today!

Courtesy of Cuselleration