CONTRACT DRAFTING AND NEGOTIATION

Allocation of Risk

At the most basic level, contracts allocate risk between the parties. While there was a time where a handshake used to be all you needed. Unfortunately, we live in a litigious society and many do not think twice about trying to exploit either the lack of a written contract or a poorly drafted one. Many do-it-yourself options exist from contract forms available for purchase at Staples® to downloadable templates from numerous websites on the Internet. Finding a template that seemingly works for your situation is not very hard. However, given that there can be so much at stake when you enter into a written contract, retaining an experienced attorney as an advocate for you and your business is invaluable and can be the difference between a lucrative contract and a costly dispute.

Adding Value to Your Transaction

No matter what stage you are in the contract process, I can add value to your negotiation by helping you understand the consequences of particular language, making suggestions and talking you through your business decisions. Knowing when to compromise and when to stand your ground is important. I pair my business sense with my legal education and experience to provide practical advice to entrepreneurs and managers.

In my experience, it is typically much more preferable to have your attorney draft the agreement instead of letting the other party draft it. This is just the nature of negotiation and a technique called anchoring. However, if you do not have the right experienced attorney drafting the agreement on your behalf, that advantage is lost.

Types of Agreements

I am have substantial experience negotiating and drafting many types of contracts. In no particular order, common examples of contracts that I routinely draft for clients include: