Introduction
With the advent of the internet, it is easy to find hundreds of samples of legal forms like contracts online for free. Some wonder why they should spend the money hiring an attorney to draft a partnership agreement, for example, when they can just as easily fill in the blanks on a form. If you end up in litigation later, you may regret that decision.
A well drafted contract is key to the successful operation of your business and your business relationships. A contract provides the basic “rules” for operation. A Minnesota lawyer can help you craft a contract specific to your situation that takes into account how Minnesota courts interpret contracts, how Minnesota laws regulate contracts, and what standard business practices are in the community. An attorney has the experience to predict potential problem areas and draft the contract to avoid such problems.
Potential Contract Problems
One of the most common problems with contracts is the use of vague, ambiguous, or unclear language. Sometimes contracts are so laden with “legalese” that it is virtually impossible to tell what the parties actually intended. This is not an effective contract. Perhaps more importantly, it is one that will be difficult for a court to enforce. Courts will construe unclear language against the party who drafted the contract. Needless to say, that can have expensive consequences for unwary small business owners.
Another problem is the absence of important provisions. How do you terminate the contract? How do you assess damages for breach of contract? Can the contract be assigned? These are just a few considerations that may not appear in a sample form contract. A Minnesota contract attorney can discuss options with you to make sure you cover all foreseeable situations.
Litigation
Sometimes even the most carefully crafted contracts become the subject of litigation. It is important to choose an attorney with the experience and credentials to guide you through litigation as efficiently and cost effectively as possible.