why you should hire a employment lawyer to draft contracts

Although retaining an attorney for contract drafting, reviewing, and negotiating can be very costly, it is important to hire an attorney when handling contracts because they are better able to successfully execute the objective intent of the parties more than anyone else.

Full Answer

Why do I need a lawyer to draft my contracts?

Having a lawyer draft your contracts is the best way to make sure that a court will view your contract the same way you do. Contract lawyers add stability and predictability to financial and personal agreements. There are many dangers that come from writing your own contracts without the input of a contract lawyer.

Why should you hire a lawyer to prepare legal documents?

Having a lawyer prepare your legal documents gives you an outside perspective on your business dealings. Sometimes the people involved are too close to the negotiations to notice potential problems with the structure of the deal.

What happens if a contract is poorly drafted?

It is critical that contracts are drafted so that they will protect you in the event that the other side fails to keep their commitments. When the original contract was poorly drafted, a breach of contract lawsuit usually ends badly for the person who was screwed over in the deal.

How do you write an effective contract?

To write an effective contract, you need to understand that it must accomplish several different things. The contract must protect your interests so that if there are any issues later, you have the law on your side. The contract must accurately describe not only the deal but also what each side is exactly promising to do.

What are the advantages of hiring a lawyer to draft a contract?

Contract lawyers by your side can provide these seven compelling advantages:Help you better understand the contract. ... Identify potential liability isses and resolve them. ... Ensure the contract is valid and legally enforceable. ... Ensure new regulations and applicable state laws are considered.More items...

What are the disadvantages of hiring a lawyer to draft or review a contract?

On the other hand, some drawbacks of hiring a contract review attorney may include:Spending unnecessary funds on hiring an attorney to review a simple and straightforward agreement;Having to wait for an attorney to review a contract, which in turn, will delay signing it and moving forward with a business deal;More items...•

Is it better to have a written contract of employment?

Employment contracts can be very useful if you want control over the employee's ability to leave your business. For example, if finding or training a replacement will be very costly or time-consuming for your company, you might want a written contract.

What role does an attorney play in helping businesses negotiate and form contracts?

A lawyer for contracts will help you ensure that any contracts you enter into are executed properly so your interests are protected and the purpose of the contract is achieved. A contract lawyer is generally a professional who specializes in this type of work.

What are the advantages and disadvantages of a lawyer?

Top 10 Being a Lawyer Pros & Cons – Summary ListBeing a Lawyer ProsBeing a Lawyer ConsLawyers can earn really good moneyLawyers often work long hoursBeing a lawyer implies excellent career optionsStress can be enormousLawyers can work in many different jobsBeing a lawyer may affect your family life7 more rows

Is a draft contract legally binding?

To be more specific, at the point at which a vendor accepts an offer on their property, they will instruct their conveyancer to draw up the draft contract. It's classed as a draft contract because the sale isn't legally binding until the contracts are exchanged and the deposit is paid.

What are the disadvantages of written contracts?

Some disadvantages of having the written contract include the paperwork that severely limits what the employee can do. Knowledge and foresight into the actions of the company can create issues later. Restrictions based on the employment tasks and services while at the business can remain a con of the written document.

What should I ask for in an employment contract?

7 things you need to include in an employment contractJob information.Compensation and benefits.Time off, sick days and vacation policy.Employee classification.The schedule and employment period.Confidentiality, privacy and responsibility.Termination, severance and survival.Better employment contracts with PandaDoc.

What are the disadvantages of employment contract?

One of the main disadvantages of an employment agreement is that its terms may place certain restrictions on the flexibility of the employer-employee relationship, which can make it difficult for the parties to renegotiate or modify their agreement.

How do lawyers negotiate contracts?

A lawyer usually recommends that contracting parties talk to each other directly before getting him or her involved in the negotiations. The communication can occur over the phone or via email, and it should involve discussion of the main points and getting an agreement on the proposed changes.

What does a contract lawyer do?

Contract lawyers specialize in dealing with the legal issues associated with the creation, negotiation and enforcement of contracts, and they sometimes get involved with litigation when the parties who made a contract later disagree about how that contract should be interpreted or enforced.

How do you negotiate an employment contract?

While you can adjust the minutiae of your contract negotiation strategy for each potential employer, there are 10 elements to build your expectations around.Have your end goal in mind. ... Be realistic. ... Realize that everything is negotiable. ... Think beyond your salary. ... Be prepared to walk away. ... Know how to present yourself.More items...

Identifying Any Loopholes

One of the most important reasons a business has a contract is to protect itself. For example, you might draft an agreement with a potential new client to ensure they agree to a specific payment by an agreed date.

Including The Latest Legislations

The business laws and industry regulations you’re currently aware of may no longer be the most up-to-date information, particularly as they can change frequently.

Ensuring The Best Terms

Depending on the type of contract you’re signing or creating, you likely want to ensure you’re as advantaged by its contents as possible. Business lawyers can do their best to make sure this happens. While the contract will outline all critical information, they can also enter a few different terms that benefit your current situation.

Helping You Understand The Agreement

You may know you need a contract to enter into an agreement with another person or business, but that doesn’t mean you understand what you agree to or what your contract even has to include.

Why is it important to write a contract without a lawyer?

One of the functions of a contract is to prevent future disputes between the two sides. This requires that the contract use precise language to describe the duties and responsibilities of both parties.

What happens when a contract is poorly drafted?

When the original contract was poorly drafted, a breach of contract lawsuit usually ends badly for the person who was screwed over in the deal. However, the law is complicated and this is doubly true with contract law. Courts have built up a system for interpreting different contractual clauses over hundreds of years.

What is contract in business?

Contracts are a way for two sides to formally memorialize their negotiated deal. In this sense, the contract is a business document. It should address terms like prices, delivery, and timetables. It provides a common reference point for the two sides. However, the contract is also a legal document. The two sides are making a legally binding ...

Why do lawyers give advice?

Because a lawyer is not invested in the outcome of the transaction, they are able to give useful, unbiased advice to protect your legal rights and interests. Lawyers make sure the end product is a legally enforceable agreement. Contract lawyers have a specialized knowledge.

Why do people write contracts?

Most people and businesses write contracts as if nothing will ever go wrong between the two parties because the deal is too important. Contract lawyers have seen enough deals go bad that they draft contracts to address common issues in commercial relationships.

What is a common contractual term?

For example, one common contractual term is “timely .”. If timely is not defined in the contract, this one word can lead to expensive litigation. One side may feel that a delivery within 30 days is “timely” while the other side may face economic ruin because it understood “timely” to mean within a week.

Why is a contract precise?

The contract must be precise if it is to give you the maximum protection of the law. Because a contract has several technical legal requirements, if your written document leaves out a single key element, you will be left with something that describes the intentions of the parties, but is not legally enforceable.

The Importance of Business Contracts

Within any transaction, the most important document is the contract. Some transactions might seem simpler than others. Here are transactions you should always hire a lawyer to prepare the business contracts for:

Protecting Your Interests

When a lawyer drafts your business contracts, he will take into consideration your interests. Including sections which protect your Company’s Intellectual Property. You can find more of them in this article.

Avoiding Loopholes

If the transaction is simple, you might feel you can draft the business contracts without the help of a lawyer.

Ensuring the Contract Is Updated to Terms and Regulations

For specific transactions, you will need to make sure before signing any written document it is updated to the new terms and regulations of the law.

Need Help Finding a Lawyer to Outline Your Contracts?

Now you know. To have a healthy business and smooth transactions you need reliable business contracts enforced by the law.

Void for Lack of Consideration

An employment contract that lacks consideration at the time it is signed will be deemed void. An employment contract, like all other contracts, requires three things to be binding:

Failure to Provide Benefits During the Notice Period

Employment contracts often contain provisions detailing the amount of notice to be provided to the employee in the event the employer decides to terminate the employment relationship. Such provisions must comply with the minimum requirements set forth in the ESA, otherwise they will be deemed invalid.

Implied Probationary Periods

Another common error found in poorly drafted employment contracts are provisions which provide for probationary periods that are either inconsistent with the ESA (i.e., they allow for termination without notice of employees who have been continuously employed for three months or more) or are vague and do not define what “probationary period” actually means.

How we can help

Whether you are the employer or the employee, the contract codifying the relationship is incredibly important. Having the employment contract properly drafted by a skilled lawyer is essential if you are an employer.

1. Employment Contracts

Employment contracts are vital for all businesses as they contain information and clauses designed to protect both the employer and their employees. An employment contract can be used to set out key facets of your employees’ working relationship with the company and determine what they are entitled to upon termination.

2. Changes to Your Business

Businesses constantly change, grow, and evolve by hiring new employees, changing their policies, and altering processes. Whether you are looking at merging with another company, changing the roles of multiple employees, or altering your workplace policies, you should always consult an employment lawyer first.

3. Employee Terminations

If a termination is not performed correctly, it can quickly become a major legal issue for your business. Before terminating an employee, it is crucial to consult with an employment lawyer to ensure that you have done everything you can to prevent an employee from successfully pursuing legal action against you.

1. Help You Understand a Contract Better

Contracts are rather complicated paperwork. You’ll encounter a mountain of legal jargon if you try to read through one. There are also many types of contracts, and each one serves a different purpose. All these can be perplexing to someone unfamiliar with them.

2. Spot Potential Liabilities

Signing a contract is a big decision. It can be difficult to know what you’re getting into, especially with many unfamiliar terms plaguing the paper. But with a lawyer’s help, you will be able to spot potential liabilities that could affect your business in the long run.

3. Ensure That a Contract is Valid

Contracts can be tricky to understand. For example, if a contract contains an illegal term or one word is in the wrong place, it could render that agreement invalid. This would require you and your counterpart to sign another document stating what both parties agreed on initially.

4. Someone to Turn To if a Dispute Arises Later on

Nothing in life is certain, and that includes contracts. Sooner or later, problems may arise. The other party might not honor the agreement, or you might unintentionally breach a term. The worse thing that could happen is for things to escalate to court. However, there’s no need to panic if you have a lawyer who helped draft the agreement with you.

5. Represent You in Court

Suppose you were not able to settle a misunderstanding diplomatically. The next thing you know, you’ve got a contract breach knocking at your doorstep. A contract dispute is challenging to handle on your own. It will require a lot of time and effort, not to mention legal knowledge that you might not have.

6. You Are not an Expert

Admit it. You’re not an expert. Unless you’ve gone through law school and passed the bar, you’ll find it hard to navigate through the treacherous world of laws and regulations. Attorneys exist for the sole reason of using their knowledge to help fight the legal battles of the people.

Void For Lack of Consideration

Failure to Provide Benefits During The Notice Period

Implied Probationary Periods

How We Can Help

• Whether you are the employer or the employee, the contract codifying the relationship is incredibly important. Having the employment contract properly drafted by a skilled lawyer is essential if you are an employer. Similarly, if you are a potential employee it is important to consult with an employment lawyer before signing any employment agreemen...

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