how to have a contract reviewed by a lawyer

by Prof. Modesta Zulauf MD 10 min read

What to Expect When Hiring an Attorney to Review a Contract | Attorney Contract Review Process

  • Step 1 – Opinion Letter: . When a client brings a contract to us for review, the first step is for us to prepare an...
  • Step 2 – Discussion with the Client: . Once the opinion letter has been delivered to the client (usually by e-mail), we...

Full Answer

How do you review a contract with an attorney?

In basic contract review you might want your attorney’s opinion on a particular issue, rather than just an explanation of terms. This type of review lacks the personal touch you might want as most basic reviews take place over the phone or through an email giving the client several bullet points to think about.

Why should I get a contract reviewed?

All terms need to be clear. It guarantees that the terms within the contract are legal and lawful. It prevents – or at least minimizes – future legal problems. You should get a contract reviewed by a legal professional because not doing so is an avoidable mistake. To avail of my legal review services, email me at sam@mollaeilaw.com today.

What types of contracts should you review before signing?

There are many different types of contracts that you should have reviewed before signing anything. Some of the most common types include employment contract, physician employment contract, real estate contract, purchase agreements, and freelancing contracts.

Do I need a contract review as a physician?

The general employment contract review advice applies to the physician contract as well. However, there’s one important thing for you to remember as a physician: you are dealing with people’s lives and you need to minimize any risk or confusion – get a contract review to make sure you are getting a fair offer that doesn’t jeopardize your career.

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Why do lawyers review contracts?

A contract review will make sure all the terms used in the contract are indeed lawful and legal. Preventing misunderstandings: Having a lawyer review your contract will help ensure that all terms in the contract are clear. That in turn prevents parties to the agreement from misunderstanding what they sign.

How do you review a contract document?

6 Things to Look for During a Contract ReviewKey Clauses & Terms. Every line in a contract is important and needs to be reviewed closely, but some clauses and terms are clearly more significant than others. ... Termination & Renewal Terms. ... Clear, Unambiguous Language. ... No Blank Spaces. ... Default Terms. ... Important Dates & Deadlines.

Who is supposed to review contracts?

The best person to review these matters is an attorney. Lawyers have the knowledge and experience to review contracts and to put any concerns to rest about the document.

What is contract review process?

A contract review procedure is a documented system of processes, activities, and checks that a business goes through when drawing up contracts. It defines the roles and responsibilities of all parties involved, how documents are reviewed, and the level of oversight and approval needed.

How do you ask to revise a contract?

5 Ways to Make Comments or Request for Changes in a Contract During NegotiationsBulleted list your requested changes in an email. ... Put your comments in the document. ... Revise the contract yourself in tracked changes. ... Revise the contract yourself and send along a redline or blackline. ... Mark it up by hand.

How long does a contract review take?

We'll explain what's in the contract and advise you of any red flags and specific conditions you need to understand. For a standard contract, we will email you our thorough review within 1-2 business days.

What is contract Review Checklist?

The contract review checklist is a comprehensive list of every key component that should be examined whenever you are going to sign a contract. It functions as the bare minimum that one should do before agreeing to anything but is no replacement for a professional contract review lawyer.

Is reviewing a contract the practice of law?

In Lola, discussed in our earlier post, the Court of Appeals held that document review conducted by a contract attorney is not necessarily “practicing law,” particularly if the attorney “provided services that a machine could have provided.” Henig v.

Why should you review contracts?

The term of a contract is an important way to identify how long each party must comply with its obligations. Therefore, when you review a contract, it is important you consider whether your business can comply with this term.

How do I review a contractor performance?

5 Metrics to Use in Contractor Performance Reviews1 – Check-In Compliance. ... 2 – Response Time. ... 3 – Work Order Completion Percentage. ... 4 – First-Time Completion Percentage. ... 5 – Location-Based KPIs. ... Evaluate Across the Work Order Life Cycle. ... Pay Attention to Trends. ... Use a Software Solution.

How to do a contract review?

Following a contract review checklist can ensure that everything is properly described and outlined leaving little room for interpretation. We highly recommend you to hire a contract review lawyer to help. Some of the actions that should be included in your contract review checklist include: 1 Identifying all parties properly 2 Making sure all terms are defined 3 Including necessary signature blocks 4 Referencing any exhibits, schedules, etc. and making sure they are included 5 Double checking all mathematical formulations 6 Ensuring that the term expiration is explained 7 Including instructions for early termination if applicable 8 Identifying the rights of all parties in regards to the terms of the contract 9 Checking that all of the performance obligations are accurate 10 Verifying the accuracy of payment terms 11 Clarifying any expenses that are reimbursable and how to go about it 12 Verifying the accuracy of warranties and representations 13 Checking for a well-drafted NDA provision 14 Verifying the presence of a non-compete and non-solicitation 15 Checking who will own intellectual property 16 Verifying for indemnification 17 Checking to see if insurance is required or should be 18 Checking for boilerplate provisions 19 Agreeing to governing law and legal jurisdiction 20 Verifying provisions for attorney fees

What should be included in a contract review checklist?

Some of the actions that should be included in your contract review checklist include: Referencing any exhibits, schedules, etc. and making sure they are included. Including instructions for early termination if applicable. Identifying the rights of all parties in regards to the terms of the contract.

What happens if you cancel a contract but it has not been received?

In the event the cancelation has not been received, the contract will be renewed for another period. The benefit of these type of renewal terms is that if the business relationship is going well, then neither party will have to take action in order to renew the contract.

When does a contract renew automatically?

In forever contracts, renewals will occur automatically unless notice is given within a narrow time frame, usually a length of time before the contract expires. In the event the cancelation has not been received, the contract will be renewed for another period.

Can you assign a contract without the consent of the other party?

Assignment. You will always want to make sure that the contract your client is signing allows assignment without the consent of the other signing party if the assignment is the result of a corporate reorganization. This can eliminate a significant amount of wasted time and resources.

Can you have indemnification removed from a contract?

Indemnification. If you notice that only one party is indemnifying, then it is best to have it removed from the contract unless it can be made to be mutual. Even if it is a situation where one party could never be the cause of liability, it is still vital to include mutual language.

Can a client get out of a contract?

It is always important to make sure that a client can get out of a contract if they are displeased with the performance of it. You should always verify that your client is able to terminate in the event of a breach of contract as well as have a short cure period in which they have to wait to cancel the contract.

When should a legal document be reviewed?

Document review is also recommended any time you make changes to a legal document or your situation changes.

Why is a legal document review important?

Any time you make changes to a legal document or your situation changes, a legal document review is a good idea to ensure your interests are protected. What type of documents can be reviewed? Your attorney can review any contract, agreement or document you choose, including those that don’t require your signature.

What is legal zoom?

LegalZoom legal document review services are available for an affordable price that includes document review or contract review by an attorney who understands the language used in legal documents. To take advantage of LegalZoom’s exclusive price for online legal document review, you must be a Business Advisory Plan member.

How many pages should a legal plan document be?

Before signing your legal documents, make sure that the fine print doesn’t leave you at risk. As a legal plan member, you get attorney review of documents up to 10 pages in length at no extra charge.

Is LegalZoom an advertisement?

ATTORNEY ADVERTISEMENT: This portion of the LegalZoom website is an advertisement. This portion of the LegalZoom website is not a lawyer referral service. LegalZoom does not endorse or recommend any lawyer or law firm who advertises on our site.

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Stuart's practice is focused on employment law, an area in which he has developed considerable expertise. He provided legal counsel for my termination when I was recently let go. He understood my circumstances and concerns and provided understanding of the legal process and the options available.

Very proactive and understanding

I had a need to retain the services of a lawyer for a personal legal matter. As I worked at Miller Thomson at the time, in the IT department, I had knowledge of several lawyers I could have worked with but I chose Stuart because I felt that he had integrity and a sense of what is right and what is wrong.

A very experienced and talented lawyer

I first came to know Stuart through his advice on LinkedIn and other sources such as HRPA and was very impressed with his knowledge and how he is able to provide solutions.

Instrumental in assisting our clients

I have worked with Stuart for several years now across a number of client projects. Without exception, he continues to handle each situation with great care, integrity, honesty and in a very practical and highly responsive manner. His depth of knowledge and expertise in employment law matters is exceptional.

Knowledge, skill and dedicated attention to the case at hand

Workplace Safety Group has a long-standing, professional relationship with Stuart Rudner, of Rudner Law, both as its’ corporate counsel, and as a referral resource for clients dealing with issues around workplace harassment and violence, unlawful dismissal and other employment issues.

Stuart can be counted on

Stuart is a leader of the employment law bar. He keep abreast of every development in his practice area, and through his blog and constant media presence he helps others keep up as well. Stuart can be counted on to provide practical advice and wise counsel on all aspects of employment law. A good guy to have in your corner!

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Why do you need an attorney to review a contract?

This is because an attorney brings along years of experience and training to guide you. The contract attorney's knowledge can contribute to you getting the best deal possible in the contract you're creating.

What type of contracts do attorneys review?

Business, real estate, and estate contracts are a few of the most common types of contracts that attorneys review. Employment contracts are also often reviewed as clients often obtain more from their attorneys negotiating terms than the fee charged for the services.

What is flat free contract review?

It's great for the customer, as you'll just pay a single set fee for contract review, regardless of how long your lawyer works on the project. This pricing system provides a much better idea on how much contract attorneys will charge for their legal advice upfront.

What is issue specific contract review?

Issue-specific contract review. An issue-specific contract review is the cheapest form of contract review, as the lawyer will just look over a specific issue you have questions on. If you're on a tight budget, this is a good way to feel more confident before signing the agreement. Some of the specific questions or provisions you might want ...

What is contract review plus negotiation?

Contract review plus negotiation. If you're not confident handling your contract at all, this is the level of contract review you'll need to choose. Basically, your lawyer will handle everything for you, including reviewing, editing, redlining, and negotiating the contract.

Why is it important to analyze a contract?

Deeply analyzing the contract is significant because you want to make sure you are being protected as well. The use of legal documents will be necessary for a business contract, or any setting that requires being legally binding.

Is a one page contract more complex than a 100 page contract?

In many cases, a one-page contract can have more complexities than a 100-page contract. A reputable contract attorney should recognize this right away, which is why the best lawyers ask to see the contract and any other legal documents before setting their price.

Why do you need a contract review lawyer?

Understanding exactly what you need a contract review lawyer to do when they review your contract will help you make the decision whether or not you want to make the investment in hiring an attorney.

How much does it cost to hire a lawyer to review a contract?

Here are some factors it can depend upon: Depending on these, and many more factors, hiring a lawyer to review a contract can be quite steep, ranging from $300 and $1,000. In case you want them to actually draft and negotiate the contract for you, it could get even more expensive, falling somewhere between $500 and $3,000.

What is issue specific contract review?

An issue-specific contract review is the most economical option if spending money is the most important factor for you. If you are mostly happy with the contract, but not quite clear on some of the specific terms or issues, or need a specific clause of the contract explained, the lawyer will just look over those specific areas of concern. A lawyer can help decipher the legalese and explain those terms in common English so you can figure out if they work for you. You don’t want to sign things you don’t understand, so if you're on a tight budget, but still need the peace of mind, this is a good way to feel more confident before signing the agreement.

What is redlining a contract?

In the legal world, this is known as “redlining a contract”, which can really help the whole process move along more smoothly. In other words, you don’t have to discuss the changes in your agreement with the other party, as they will receive the contract already finished with the option to accept or deny.

Do lawyers charge flat fees?

Each lawyer sets his or her own prices depending on their own level of expertise and the fees they charge can vary greatly from one attorney to the next. Most of the time, however, lawyers use either flat-fee pricing or hourly pricing when they get hired to review a business contract.

Can attorney fees hurt your pocket?

In short, if you can limit the extent of the contract review, the attorney fees will not hurt your pocket as much. But you need to understand that there is always a quid-pro-quo, and you will have to accept the fact that your attorney will not review any other aspects of the contract except the ones you circled.

Is contract review more expensive than basic level?

This type of contract review will definitely be more costly than the basic level, but you will get much deeper involvement from your attorney. Instead of having your lawyer just review your document, point out what needs to be fixed in your contract, and answer your questions, they will provide you with a version of your contract ...

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A Contract Review Checklist

  • Following a contract review checklist can ensure that everything is properly described and outlined leaving little room for interpretation. We highly recommend you to hire a contract review lawyerto help. Some of the actions that should be included in your contract review checklist include: 1. Identifying all parties properly 2. Making sure all ter...
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Making Sure You Client Can Get Out of The Contract

  • It is important to plan for the event that a customer wants to get out of the contract and make sure there is appropriate language in their defining the terms and process for breaking the contract. Most often the only time a party will look at a contract after they have signed it is when they are looking to assign it to someone else or to get out of it.
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Renewal Terms

  • It is also vital to review the renewal terms of the contract and do your best to watch for what is referred to as forever contracts. In forever contracts, renewals will occur automatically unless notice is given within a narrow time frame, usually a length of time before the contract expires. In the event the cancelation has not been received, the contract will be renewed for another period…
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Termination

  • One of the essential areas to look at in a contract is the terms of termination. It is always important to make sure that a client can get out of a contract if they are displeased with the performance of it. You should always verify that your client is able to terminate in the event of a breach of contract as well as have a short cure period in which they have to wait to cancel the c…
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Assignment

  • You will always want to make sure that the contract your client is signing allows assignment without the consent of the other signing party if the assignment is the result of a corporate reorganization. This can eliminate a significant amount of wasted time and resources.
See more on upcounsel.com

Indemnification

  • If you notice that only one party is indemnifying, then it is best to have it removed from the contract unless it can be made to be mutual. Even if it is a situation where one party could never be the cause of liability, it is still vital to include mutual language.
See more on upcounsel.com

Collections Expenses

  • You should make sure that the non-paying party listed in the contract is responsible for legal expenses and fees in terms of collections. By making this party responsible for the legal expenses they are more likely to pay to avoid going into collections actions. If you need help with how to review contracts, you can post your legal needon UpCounsel's marketplace. UpCounsel accepts …
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