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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? 


  • 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.