Minnesota contracts govern various types of relationships and promises between people or businesses.
Having an attorney at the contract drafting stage is important. This is your opportunity to minimize future problems and expenses. The better the contract, the less likely there will be a dispute about it in the future.
A contract attorney will listen to your goals, your plan, and draft a contract for you that best protects your interests and prevents future disputes and litigation. It is important for every aspect of the agreement to be clear and to cover all potential agreements related to the particular parties involved.
You may be interested in entering an agreement with another party who has already drafted a contract. Generally, the other party has only his or her own interests in mind when drafting the agreement, and has no interest in protecting you. It is imperative that you have an attorney review the contract, propose changes that will protect you and your interests, and negotiate those changes.
When there is a dispute over a contract or one party to the contract has breached his or her agreement, and settlement seems unlikely, it may be appropriate to initiate a lawsuit.
A contract attorney will sit down with you and learn all the facts of your case. The Summons and Complaint will be drafted, served, and filed, initiating the lawsuit. Next, discovery is conducted, or the gathering of information in the possession of the other party, in order to anticipate the other party’s strategy and find evidence to support your claims. Courts often require the parties to attend mediation to try to settle their disputes before trial. If the case does not settle at mediation, an attorney will represent you at trial by presenting evidence in the form of the testimony of your witnesses and documents, object to improper presentation of evidence by the other party and his or her witnesses, and argue both the law and facts to the judge and possibly the jury.
When a contract term, either express or implied, is breached (broken), the injured party may bring a civil suit. The usual remedy is money damages, but a court may also order specific performance, rescission or reformation of the contract.
It is important to listen to the client in order to reach the client’s goals. Everyone wants to know that the contract they are about to sign says exactly what they thought it said and nothing more. When entering into an agreement with another party and a contract is either drafted or reviewed, it is important to address all of your concerns.
When contracts lead to disputes, some people want to litigate their case and have a no-nonsense judicial determination. Others want to attempt negotiation, mediation, arbitration, and settlement in an effort to enforce their rights while minimizing costs. Regardless of the strategy, you wish to put in motion, a contract attorney should listen to you and explain each step in the process.