What Does a Contracts Lawyer Do?
The primary function of a contracts lawyer is to draft, review and/or negotiate contracts. Many contracts are fairly straightforward and easily drafted using boilerplate language. For example, a rental agreement for an apartment may contain standard lease language. There may be negotiated items such as rent, security deposit, late fees, pet fees and renewal terms. These types of agreements are not exceedingly complicated but can still prompt questions that a contracts lawyer can help you find answers for.
If your contract is more complex, then a contracts lawyer can help in drafting clauses that will work for your specific situation. For example, joining a professional guild may require a multitude of details to be worked out in a contract, from money changing hands to a clause about correct cleaning of guild property. If a specific point is not covered in the contract, then there is an opening for a dispute .
An example of a contract that often requires a lawyer’s input is a non-disclosure agreement (NDA). A business may ask an employee or partner to sign an NDA in order to protect proprietary information. Unless the NDA covers all the potential eventualities, it could be easily challenged and violated.
Contracts are designed to describe and codify a relationship. An accurate description of the relationship will help prevent future disputes. An accurate description will also provide for a resolution method if disputes do arise. Enforcement is important. A contracts lawyer will help you determine what disputes could arise, how they can be dealt with and how to enforce the contract terms.
Contracts offer stability and protection. An experienced contracts lawyer will have seen a lot of different relationships and can ask the right questions and make sure your interests are protected.
Why a Local Contracts Lawyer Is Better for You
Whether you’re in Southern California, the Midwest or the East Coast, finding an attorney with local ties has its advantages. Localities may have specific rules for contracts not found in other areas. For example, did you know that in California, it’s impossible for most contracts to be formed unless they are in writing? Generally, if your contract could be performed in a year or more, it must be written to be legally enforceable. Many states vary, but these are the types of rules and nuances an experienced contracts attorney will be very aware of.
Contracts law isn’t just about what your rights are if a contract is broken, but also understanding if your oral contract is enforceable. Local knowledge matters. You need a lawyer who is familiar with these rules and who can guide you quickly through a contract’s fine print.
Qualities to Look for in a Contracts Lawyer
A contracts lawyer should possess a unique set of skills and experiences that empower them to be compassionate, analytically sound and strategically wise representatives for your legal matter. The top qualities you should look for in the contracts lawyer you decide to hire are:
Formal Credentials and Experience
A qualified contracts lawyer has passed the bar exam and is licensed to practice law in your state. They should also be familiar with local laws, regulations and the courts in your jurisdiction. Experienced contracts lawyers have handled many similar cases and would be able to leverage their past work on your behalf.
Communication Skills
A contracts lawyer should be able to quickly understand your case when you provide them with appropriate materials and quickly respond to your questions. They should be able to do so verbally and in writing. Contracts lawyers also have to clearly communicate with other parties regarding contracts and matters of contract law; if they cannot do this then they will be less effective as your legal representative. They must also actively listen to you and your concerns.
Contracts Experience
While all lawyers can handle contracts law, some have developed experience in representing clients involved with contracts matters. Those attorneys have either a formal certification or many years of practical work on the job. If you have several contracts lawyers to choose from, you should always pick the one with the most relevant experience.
High Success Rate
It’s critical to find a contracts lawyer with a high success rate. You should conduct general research on your potential hires to ultimately determine whether they are a good fit for your needs. An experienced attorney with a high success rate will provide you with better odds in a favorable agreement or verdict.
How to Locate a Contracts Lawyer Near Me
There are a number of different resources you might use to find a good contract lawyer in your area. You could start with one of the many internet service directories that focus on lawyers, like Avvo.com or Findlaw.com. Alternatively, you can simply search for "commercial contract lawyers near me" on your favorite search engine.
Of course, there’s always the option of asking around to family members, friends, coworkers, neighbors, etc . , to see if they know anyone. Another option is to check out your state’s Bar Association to see if there are any online resources they might have set up to assist you in your search.
Finally, you might check to see if the prospective lawyer offer a free initial consultation, so you can sit down and meet with him or her to determine if he or she is the right attorney for your needs.
Questions to Ask a Contracts Lawyer in Your Initial Consultation
During your first meeting with a prospective contracts lawyer, it’s valuable to ask a few key questions. These inquiries will help you determine whether a lawyer is a good fit for your needs and your budget. First, ask the lawyer how many years of experience he or she has in representing clients in business contract matters. Don’t assume that a lawyer’s area of focus extends to business contract review just because his or her overall practice is business-focused. Lawyers who spend most of their time representing businesses in other areas of law may not have mastered business contract review. If your prospective lawyer doesn’t have at least a few years of experience in the field of business contract review, you may want to seek out someone with more experience. You’ll also want to know whether the lawyer has experience in the area of law covered by the contract you’d like reviewed. If you’re reviewing a non-competition agreement, for instance, it’s wise to work only with lawyers who have an established business contract review practice that includes extensive experience with non-competition agreements. It’s likewise important to ensure that the lawyer you choose has experience negotiating contracts. Whether you’re drafting a contract or reviewing one, skills in negotiation are critical. Experienced contracts attorneys understand how to protect their clients’ interests when drafting and negotiating contracts while getting results that the client can live with.
Legal Fees & How They Work
When seeking out the best contracts lawyer near you, one significant point to consider is the structure of legal fees and payments. A contracts lawyer may charge by the hour, or he or she may charge a flat fee for the entire case. Depending on your situation, one payment structure for your contracts lawyer may be much better than another.
Hourly Rates
Most contracts lawyers will charge a set rate per hour for their services. The amount charged varies by region, experience, and other factors. In large cities, for example, the average hourly rate for a contracts lawyer in Los Angeles, California is about $368, while the hourly rate in Corpus Christi, Texas is around $213 . Clients can determine what will be owed by multiplying the lawyer’s hourly fee by the number of hours spent on the case.
Flat Rates
Some contracts lawyers charge a flat fee per specific service offered. These commonly include: Clients know up front what they will owe for the lawyer’s work, providing peace of mind and assurance that the bills by the lawyer won’t spiral out of control. Flat fees are more commonly charged by lawyers in rural areas, where the cost of living is lower than in cities.
Contingent Fees
A contingent fee is only paid if the result of the contract is in favor of the plaintiff. These usually apply to cases where the contract violation claims are over a significant amount of money, such as a dispute over the sale of a business.