Drawing-up contracts is a matter of course in practice of law. Working with entrepreneurs, I know that the success of business ventures depends on well-balanced legal arguments and final achievement of the goal, i.e. conclusion of a contract. It is important to protect the Client’s interests with regard to essential matters.
My assumption is that an agreement should be just like tailor-maid suit.
What are the stages of writing a contract?
- First, we discuss the objectives of a particular contract and the most essential expectations of the Client. We set priorities.
- For more complex contracts, we discuss their implementation, so that the contract will actually lead by the hand and show clearly how to complete every stage.
- We assess our negotiating power and take it into account when drawing up the contract. Our negotiating power may be different, e.g. in talks with a manufacturer who is a monopolist on the market, as opposed to negotiations between two entities of equal position who simply want to establish cooperation between each other.
- Having submitted the preliminary draft of the contract, there is time for possible amendments and modifications. I strive to achieve the contract that reflects the Client’s intention to the fullest.
- The final version of the contract is completed.
- If necessary, we negotiate the content of the contract with the other party.
What if the entrepreneur receives a ready-to-sign contract?
I strongly advise against signing an agreement on spec, hoping that the cooperation will proceed without difficulties and that the contract will not be needed at all. I am aware that many entrepreneurs do this and I understand it to a certain extent. Doing business is mainly based on mutual trust between the parties and therefore confidence should be a matter of particular concern. Even the best deal will not force anyone to cooperate in the long run. However, contracts are important, because they save you time and stress in the future. In many cases, entrepreneurs resort to contracts after the first dispute occurs. At the same time the parties often seek the first legal advice. It happens, however, that it is too late or it is not possible to do as much as you could if the contract was thoroughly verified before signing.
How to deal with contracts prepared by the other party?
- First, read the contract.
- Any doubts regarding the content should be consulted with an attorney to obtain an opinion on real risks related to signing the contract.
- Depending on the negotiating power, the Client should suggest modifications to adverse conditions of the contract.
- Having prepared relevant changes to the contract, we proceed to negotiations.
- We sign the contract that protects the interest of the Client.
Are there good template agreements?
I am aware that many entrepreneurs do not have the time or funds required for a “tailor-made” contract. It also happens that a contract is not difficult by definition. Then, most often, entrepreneurs use the templates, also from the Internet. I cannot deny that a fairly decent template of a simple contract can be found in the Internet. When making a decision whether to use a ready-made template, it is worth asking how much we care about safety. Even with a fairly simple contract, it is recommended to seek legal advice.
Legal services related to contracts and agreements include:
- Drawing up contracts and agreements, among others:
– distribution agreement, including agreements with and without exclusivity clause;
– supply contract;
– sales agreement;
– lease agreement, rental agreement;
– contract to perform a specific work;
– mandate contract and contract for provision of services;
– management contracts;
– contract of employment;
– agency agreement;
– contracts with directors;
– non-compete clause;
– nondisclosure agreement to protect business trade secrets
- Drawing up non-standard agreements (innominate contracts)
- Preparation of regulations necessary in the daily operations of an enterprise, including rules and bylaws
- Giving opinions and legal verification of ready-to-sign contracts
- Participation in negotiations related to drawing up and singing agreements