Entrepreneurs face a tough choice: use an online contract
template or hire a business attorney? Adam
Daner, Esq. of Daner Law Firm in Atascadero discusses the pros and cons of each
option.
ATASCADERO, Calif., Sept. 25,
2024 /PRNewswire-PRWeb/ -- When it comes to creating
business contracts, entrepreneurs and small business owners often
face a dilemma: should they use a contract template downloaded from
the Internet or hire an experienced business contract attorney?
Both options have their merits and drawbacks, and the choice
ultimately depends on various factors. Adam
Daner, Esq., the attorney with Atascadero's Daner Law Firm, explores the
options.
Improperly worded or omitted clauses can
leave a business at risk for breach of contract and more.
Downloading a business contract template has the benefits of
convenience. An internet search for "business contract for retail
vendors," or some other business topic usually presents several
free to seemingly inexpensive options. Downloading just takes a
click.
Any downloaded contract is only an example, or template, of some
of the items that need to be in a contract. While some people may
feel confident with editing and customizing the template, there is
a very real risk that critical and necessary information is going
to be omitted, or at best, insufficient.
The purpose of a business contract is to protect the interest of
those involved, especially the business initiating the contract.
Improperly worded or omitted clauses can leave a business at risk
for breach of contract and more.
Further, it's highly likely that the company you are seeking to
do business with will have the contract reviewed and rewritten by
their attorney. The rewritten contract may not be in your favor,
creating even more risk.
The Atascadero attorney advises
that it's important to weigh the seeming convenience of using
contract template with the assurances of working with an
experienced attorney.
Every business agreement is different, even when the purpose is
the same. An independent contractor contract for providing specific
services might have many standard contractual clauses, but
different clients have different ways of doing business, and those
ways may need to be accommodated. Doing business with a customer in
another state might require adjustments to accommodate local
regulations, or delivery costs. Every contract needs to be reviewed
and adjusted to each individual business agreement before it is
signed. The risks include:
- Generic online templates rarely address the specific needs of
business or the unique aspects of particular situations.
- Online contracts may not be up-to-date with current laws or may
not consider state-specific regulations, potentially leaving your
business vulnerable to legal issues.
- Without legal expertise, you may not fully comprehend the
implications of certain clauses or terms in the contract, which
could lead to unforeseen consequences.
- A poorly written or incomplete contract may not be enforceable
in court, defeating the purpose of having a contract in the first
place.
An experienced attorney can craft a contract tailored to your
specific business needs, ensuring all necessary clauses and
protections are included, such as:
- Attorneys stay up-to-date with current laws and regulations,
ensuring your contract is legally sound and enforceable.
- A skilled lawyer can identify potential risks and include
provisions to protect your interests, potentially saving you from
costly disputes in the future. Consider the potential consequences
of a contract dispute. If the risks are significant, investing in
legal expertise is wise.
- An attorney can explain complex legal terms and ensure you
fully understand the implications of the contract.
- When entering into a contract with another party, an attorney
can provide valuable negotiation assistance to secure favorable
terms.
- When anticipating frequent contract needs or complex business
relationships, establishing a relationship with a business attorney
can be beneficial in the long run.
- Some industries have unique legal requirements that may not be
adequately addressed in generic online templates.
Hiring an attorney experienced with business and business
contracts provides a higher level of security, customization, and
legal protection. Adam Daner, the
Atascadero attorney has been
practicing law since being admitted to the bar in 1994. The Daner
Law Firm provides business and estate planning services for clients
in California's Central Valley,
the Central Coast, Monterey and
San Benito counties, Fresno, Kern,
Kings, and Tulare counties, and Los Angeles.
Along with business planning, advising businesses and
individuals with acquisition negotiations, contract drafting,
leasing, landlord/tenant roles and responsibilities, licensing
requirements and entity formation, other services include:
- Estate planning, trusts, advanced health care directives, power
of attorney, guardianships, and probate matters.
- Construction, representing engineers, architects, general
contractors, sub-contractors, material suppliers and related
entities with licensing, payment, contracts and related
issues.
- Real property, negotiating and drafting leases, road
maintenance agreements, purchase and sales contracts, easements,
licenses, and home owner association documents.
- Litigation involving the above categories, including personal
injury and wrongful death claims, slip and fall, automobile,
construction, assault and battery and false imprisonment.
Daner Law Firm
4555 El Camino Real, Unit J
Atascadero, CA 93422
(805) 464-5003
Media Contact
Scott Brennan, Access Publishing,
(805) 296-8025, scott@accesspublishing.com
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SOURCE Daner Law Firm