How Can a Lawyer Help With Contract Creation?
Written by AskTheLawyers.com™ on behalf of John Romano with Romano Law Group.
Contracts can be notoriously difficult to read and interpret. Creating a contract that you feel confident in can be even more challenging. While some simple contracts may not require the assistance or overview of an attorney, any sort of legal contract regarding matters of importance should at the very least be reviewed by a business attorney. In many cases, it may be easier to involve an attorney from the get-go to ensure the contract is both comprehensive and meets legal requirements.
A lawyer knows what is and is not enforceable.
One of the primary ways an attorney can help with contract creation is their knowledge of exactly what is or is not enforceable in a contract. Business law can be extremely complex and difficult to apply; having a lawyer by your side to help understand relevant laws and regulations is a good way to make sure your contract will actually hold up in court. Contracts that do not meet legal requirements or attempt to enforce things outside the scope of the law will likely come to naught, resulting in stress, wasted time, and wasted money for the contract creator.
Business lawyers know exactly what contracts you will need.
Depending on the issue at hand, it can be difficult to identify which particular contracts you have a need for. Business owners and operators will have different contractual needs than parents entering into a surrogacy agreement will. Contracts play a part in just about every important and enforceable agreement between two or more parties. Contract attorneys know how to identify exactly which contracts a person needs to create, negotiate, and sign in order to move forward toward their desired goal.
Lawyers know how to negotiate.
One of the biggest ways an attorney can help with contract creation is by utilizing their skill for negotiation. Along with an expansive knowledge of the law, attorneys are trained to be skilled negotiators. Involving an attorney in the creation and fulfillment of a particular contract is a great way to make sure you are getting the best terms possible, whether this means saving money or increased protections for yourself or your business.
At the very least, it’s a good idea to have an attorney look over the contract before you sign.
If you do feel confident enough to draw up your own contract, it’s still a good idea to have an attorney give it a thorough once-over before signing anything official. In many cases an attorney might be able to identify an area in the contract where a dispute is more likely to occur if not addressed, giving you the chance to correct and refine that part of the contract before entering into any binding agreements. It is far more difficult to amend a contract after signing than before, so it’s important to refrain from skipping any steps or rushing into an agreement. This same concept goes for those who are about to sign a binding contract, even if they did not create it. When the consequences of violating a contractual agreement are significant, having an experienced professional review it first is a wise idea that can save both parties a lot of headaches in the long run.