Contract Preparation

"A VERBAL CONTRACT ISN'T WORTH THE PAPER IT'S WRITTEN ON" (Samuel Goldwyn)

We are often asked whether a contract has to be in writing to be valid and enforceable. Our standard reply is why would you allow the terms, conditions and understandings of any business transaction to be vulnerable to misunderstanding by settling for an oral contract? Indeed, properly drafted contracts are the hallmark of every successful business, no matter the business you are in. Poorly drafted contracts or ones that are not placed in writing at all, invariably consume valuable resources, including money, time and goodwill to straighten out once something goes wrong.

This can be eliminated by using an experienced business attorney to draft your agreements.

Consider this. If a dispute occurs between the parties to a contract that results in a lawsuit, you

are leaving it to a judge to figure out the intentions of the parties. The simple rule she follows in attempting to do so is that a contract “must be so interpreted as to give effect to the mutual intentions of the parties” as it existed at the time the contract was entered into, “so far as the same can be ascertained.”

Imagine that scenario. Often one party has a disagreement with another about rights and obligations which can be minimized, if not eliminated, when their agreement is placed in writing. In the absence of a written, signed document, the intention of the parties can only be determined by resorting to conflicting memories, opinions and actions. And the parties will not find the judge too sympathetic. If one or both parties negotiated poorly, or failed to properly document the agreement, it is not the court’s place to rectify these errors. The court’s responsibility is to only interpret the perceived intention of the parties, as best it can. If you fail to convince the judge of your position, you lose. Why invite a dispute that may be costly to resolve and that you may lose no matter your best intentions?

WE PROVIDE A BETTER SOLUTION.

There is great emphasis in our practice upon the preparation of agreements and other documents crafted by precise wording, formulation and structure. The desk in the above picture conveys the story: we will do whatever is required, wallpaper any desk, when considering and anticipating every issue in producing an agreement worthy of your signature.

For over 30 years we have negotiated and written all types of contracts and other documents for our clients. Each has one element in common: they have been crafted with expertise, specific to the client's needs, highlighted by the devotion to detail that you would come to expect from an experienced business attorney.

When we write a business document, you can be assured that it has been drafted properly and is responsive to your situation, addressing your issues.

Our sole interest is your protection.

WE PROVIDE YOU THE EXPERTISE .....

THAT ALLOWS YOU TO CONCENTRATE ON WHAT YOU DO BEST.