Contracts

Contracts

A key part of the services we offer is drafting, revising, editing, and negotiating contracts. Contracts take many shapes and sizes, but in all cases they are the legally binding agreements people make with each other. In short, contracts (whether written or verbal) are how a business engages with vendors, customers, and partners, and how the owners, managers, and employees interact with each other. Contracts establish the expectations and obligations for the parties, and provide a way for people to keep each other accountable.

Often, the process of advising clients results in the formation of a written contract that objectively spells out the arrangement for how the parties are going to work together. While the initial main concern might be, for example, an exchange of money for goods/services, businesses often need to carefully consider how performance will take place, what dispute resolution procedures are in place, what specific representations they are relying upon, what enforcement options exists, the costs of enforcement, how the agreement might restrict operational flexibility, who will comply with applicable law or regulations, whether the benefit of the engagement requires limitations of liability, as well as other issues. In the end, contracts are extremely flexible bargains involving a whole host of risks and benefits that can, and should, be balanced in a way that makes the arrangement worthwhile.

Accordingly, we believe that contracts should be an investment, and when completed, an asset to the business. As a result, we work with client’s to shape a contract’s complexity, scope, and flexibility to efficiently reflect the level of risks and benefits involved. Similarly, we strive to craft terms and conditions that facilitate the parties’ interaction in a way that is efficient and promotes the interests of the client.

For example, in reviewing contracts, we consider and evaluate terms with a focus on protecting our client’s from disproportionate obligations or risks. We also spend time with the client providing information and knowledge about how the contract’s legal terms are likely to work for or against them so they can consider how to address such issues.

When drafting or editing, we work to balance terms to form the best mix of rights and obligations that will accomplish the client’s intent. We strive to provide clients with insights and options for managing the risks, rights, and obligations in the contract so they have the ability to craft the arrangement that reflects their goals and values.

Contracts provide a unique opportunity for clients to not only obtain clarity, secure benefits, and limit exposure, they are a part of the concrete, enforceable way a business presents itself to other people. Our clients’ contracts are a part of their communication to the public about who they are, what they care about, and how they do business. We understand that it is a privilege to work with clients to craft such documents that will be practical expressions of who they are. We therefore strive to make the contracts clear, professional, and accurate reflections of our clients.

“We worked with Doug to create a few agreements that we use with our clients and consultants for our social marketing business. Doug is very thorough and took the time to understand our industry and how we were specifically going to be using the documents. These are now foundational pieces for our growing business.”
– Gina, Owner – President of Social KNX