The Purpose of a Contract Attorney
Contract attorneys take on various roles in the preparation and revision of contracts. They can work on one contract until it is satisfactory, or they can spend more or less time as necessary to make agreements more formal and legally binding. In doing so, they ensure that contracts are ironclad and leave no room for interpretation or misunderstanding. Their job is to ensure that everything is in order, legal, and understood by both sides.
Contract attorneys can handle all different types of contracts and agreements, including those for:
Contract attorneys create partnerships between those entering into legally binding agreements, such as buyers and sellers, contractors and subcontractors, and employers and employees. These legal professionals also help in the management of contractual obligations, ensuring all parties understand their legal obligations .
All states have laws concerning legally binding written contracts. When someone enters into an agreement with you, that person is legally bound to perform as agreed. If there is a dispute, there are laws governing how such disputes can be resolved. Thus, nothing should be performed that could end up in court or legal proceedings unless absolutely necessary.
A contract attorney offers the assurance of a binding legal agreement. They know what constitutes an agreement and how such agreements should be documented to protect everyone involved. Incorrectly prepared contracts create loopholes that can be used to avoid responsibilities. A contract attorney ensures the requirements of both parties are clear and unambiguous.
Reasons for Hiring a Contract Attorney in Phoenix
The contract attorney in Phoenix can play an integral part of every business in the form of contract drafting with independent contractors, design and building contracts, co-packing agreements, software development agreements, vendor agreements, manufacturing agreements, employment agreements, non-disclosure agreements, distribution agreements, as well as reviewing a myriad of purchase orders and residential and commercial real property leases.
If you start a business in Phoenix you will very likely need a business license in your city of residence in Phoenix. In addition, the Arizona Corporation Commission makes it easy to incorporate your new business in just a few clicks. You can even gather some good background on what it takes to start a business in Phoenix here. However, nothing will teach you what it takes to run a business in Phoenix and the rest of Arizona like your first independent contractor or employee. Hiring an attorney who specializes in employment law in Phoenix to draft your employment agreements and independent contractor agreements will help you avoid common pitfalls before you have to face them for the first time. Based on years of helping clients in Phoenix conduct business with independent contractors, subcontractors, vendors, suppliers, and others, we have been able to provide our clients with the foresight to manage any potential risks they may have overlooked.
Business owners in Arizona are faced with many different situations that require precise contract drafting to protect their interests. Business owners in Phoenix are not bound by the same laws as those of other states, so there is no guarantee that using a contract which has already been formulated will meet the needs of a contract that is entered into in the Phoenix area. The state laws of Arizona pertaining to a contract will need to be considered and accounted for while drafting agreements with vendors, suppliers, manufacturers, subcontractors, and much more. Failure to do so may result in significant losses to your business.
Contract attorneys in Phoenix are everywhere, but only a local contract attorney in Phoenix, with over a decade of experience, can provide you with niche knowledge about local licensing, zoning, permitting, construction, lakes, power plants, water rights, and any other applicable state and municipal laws in Phoenix. Without proper legal advice you could be opening yourself up to restrictive covenant violations, meet and confer negotiations, construction code non-compliance issues, insurance claims, and many other legal problems. When you contact an attorney in Phoenix with experience in the areas of law where you need help, you have already won half the battle.
Attributes of an Effective Contract Attorney
There are many things to look for when hiring your contract lawyer. First, you want an attorney with experience. Experience tells you that the attorney has been in the field for a long time and knows what he’s doing. You will want him to have catered to clients like you before, whether that is a business or an individual. You’ll want to know if he’s handled any cases similar to yours and if they set any precedents. You need to be assured that they’ve been in the contract field for long enough that they have a good reputation in the local area. You’ll want someone who knows how to handle contracts of all shapes and sizes.
You also want to make sure your contract lawyer is knowledgeable about local laws in your area. All contracts are not the same, and most areas have some local quirks about their legalities. You want someone who already understands that when states change their laws, some things will no longer make sense, such as the case for Texas divorce settlements and the child support arrangements made for those settlements. Your lawyer should be well versed in all of the laws where he may end up doing business in. Otherwise, your case could be ruined by ignoring issues that would otherwise be easily corrected.
A large part of being an attorney involves negotiation. Your contract attorney should be able to pitch your ideas collectively to the other party in the case, and get you what you need quickly and efficiently. The best negotiations are where both parties feel like they’ve lost something, but it ends up working out for both of them. If the contract attorney goes into a case overzealous with greed, then a bitter opponent may exploit those weaknesses later on. A good contract attorney knows how to reel themselves in and come back to their senses to avoid losing everything when a compromise can be found. Treatment of the other party is important, because feeling slighted or insulted can be met with resentment later in the agreement, or in a court of law.
Questions to Ask a Potential Contract Attorney
Before making your final decision on which Phoenix contract attorney you wish to hire, you should ask them a few questions to test their knowledge. Doing so before the contract lawyer starts work will help you gauge whether or not you and your lawyer are on the same page. Important questions you should ask the attorney you plan to hire include these:
What Is Your Area of Specialization?
It is not enough that the attorney has experience working in a general practice firm. Many lawyers have expertise and specializations in particular areas of the law. Ask him what these areas of expertise are.
Do You Have Experience Working with Cases Similar to Mine?
Ask the contract lawyer how many similar cases he has worked with. You can also ask him to provide you with references from his most recent clients.
How Do You Determine Legal Fees?
You should know how an attorney charges for his services before you get into a contract with him. Most contract attorneys charge by the hour, but others work on a flat-fee basis. In a few rare cases, attorneys will take a case on a contingency basis if they believe the chances for a favorable outcome are high.
How Does the Legal Process Work?
Not all cases are equal, but there are established protocols for most legal issues. Ask the contract attorney how he goes about his work. This will let you know whether or not he has his own procedures for completing work or adheres strictly to the rules of practice.
Common Contract Disputes in Phoenix
Whether you are a business owner in Phoenix, or a retiree still enjoying work in the Valley, or an employee of either an individual or corporation in the state of Arizona, chances are that contracts make up a large part of your professional life. The important thing to remember is whether an agreement is an Employment Contract, a Vendor Terms Agreement, a Non-Disclosure Agreement, a Non-Compete Agreement or anything else, these agreements are only as good as their wording allows them to be. Having Phoenix contract attorneys on your side is invaluable, so that you can rest assured that you are protected by your contracts, and your contracts are always enforceable, as you intended them to be.
Some of the most common issues we see with Client Contracts in Phoenix include:
Vague Terms: It is important that nearly every term in a contract has a definition, and is as specific as possible. For example, what exactly does it take to be considered a breach of contract? What sort of damages are acceptable for a breach, and how will those damages be calculated? What constitutes the confidential information that is intended to be kept confidential?
Lack of Terms: While defining terms is important, so is being specific in what is even included in an agreement . For example, if a Non-Disclosure Agreement should be for a specific term, what happens if confidential information is released after that term? It is important to specify the possible time period in a contract and the consequences if confidential information is released after the term.
Assumed Terms: On the flip-side, when it comes to implied terms, there can be no assumptions. We get a lot of questions about potential loopholes or clauses in contracts, and many times, parties rely on what they think is already present in a contract, rather than simply asking a lawyer to review the document and clarify the terms. For example, what happens if a Buyer in a business acquisition backs out of the sale because of problems with inventory or accounting? The Seller may want the Buyer to fulfill some of the terms of the contract, but they did not… because the clause may have been omitted from the contract entirely.
Overall, having contract lawyers in Phoenix is always recommended, but particularly helpful if you have received drafts of contracts that are missing terms, or, worse, containing potential loopholes.
How to Locate a Good Contract Attorney
A good place to start is the Arizona State Bar Association website. From there, you can find a list of contract attorneys and the other tools to evaluate their reputation. Check their bar association records for any disciplinary history. Look online at Google and Yelp reviews for Client comments. There are some other online research tools available such as www.avvo.com. A contract attorney that has their own website should have some references available, including the names of other lawyers that they have worked for.
A local Phoenix Attorney Referral Service (ARS), like Maricopa County Attorney Referral Service, will usually vet contract attorneys ahead of time before making a referral. ARS members have to pay a fee to join the network but on top of that, contract attorneys will have to pay a referal fee to the ARS whenever they take on a client case.
Whether an attorney is charging you a set hourly rate or has a flat rate agreement with you or a retainer, a reputable attorney should be willing to provide services for a reasonable fee. It is also acceptable to request additional information from references or for additional details regarding the contract attorneys work history and experience.
The Price of a Contract Attorney in Phoenix
When considering whether to hire contract attorney services in Phoenix one of the most common questions we are asked has to do with the cost of hiring a contract attorney. Transparency on pricing helps us to build trusting relationships with our clients, so we have included some information on what to expect from Phoenix business lawyers with regards to costs.
Contract attorneys typically charge by the hour, but in some cases they may offer a flat fee to handle a specific type of work that is usually easy to quantify, like filing an immigration form . Contract attorneys that charge by the hour can often work more economically than full time Phoenix corporate attorneys, because they are only paid for the legal work that they provide. For many businesses, only hiring a contract attorney when he or she is truly needed is an important part of sticking to a budget.
Ensure cost-effectiveness with your Phoenix contract attorney by providing clear information on the legal work that needs to be accomplished, send any relevant background information and paperwork in advance, and ask your contract attorney directly what can be done to keep costs down.
