The Firm can assist your company with negotiating and drafting any number of contracts and often provides these services through one of the Firm’s Counsel Programs.
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 should not 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. At that point it may be too late to go back and re-open negotiations without creating an appearance of bad faith. Having an attorney participate in the negotiation of a deal from the beginning will make the process smoother and ensure your interests are protected.
Read my article, “When Should You Hire an Attorney to Negotiate Your Agreement?”
There are a myriad of websites that offer generic contracts for do-it-yourselfers but the problem with these resources is that they attempt to apply simple generic contracts to complex legal agreements. Businesses that use these services often do not understand most of the language in the contract, the purpose that certain clauses serve, or how courts will interpret contracts if the company ever needs to enforce the agreement in court. This can lead to surprising and unexpected obligations or even limitations on rights the company expected to have under the agreement. Remember, there is a reason why these sites expressly state that they are not providing legal advice.
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 drafting an agreement that will protect your business. Reducing the terms of an agreement to writing is an art, not a commodity. David will take the time to explain what each term in 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 a sample of the types of contracts David can assist with:
- Employment agreements
- Intellectual property licensing agreements
- Software licensing agreements
- Business start-up agreements
- Entity formation documents
- Shareholder agreements
- Confidentiality agreements
- Non-Disclosure agreements (NDA’s)
- Buy-Sell Agreements
- Independent Contractor agreements
- Commercial real estate leases
For information on breach of contract disputes, see my breach of contract litigation services.