Whether you are an individual or the representative of a for-profit business or a non-profit entity, chances are at one time or another you or your company has been involved in a situation that requires (or would be best served by) the creation of a contract, lease, letter or intent, or memorandum of understanding. When two or more parties wish to enter into any kind of arrangement where they each have expectations of performance by the other, it’s best to put it in writing. A written agreement not only lets all parties know what is expected of them, but if disputes arise later on, a properly drafted contract or lease will spell out precisely how to resolve the matter – or what happens in the event a resolution cannot be reached.
The most important thing to remember is that unless and until it appears otherwise, everything is negotiable. Another truism is that proper drafting of the terms that have been agreed upon is essential to a successful relationship between the parties. I regularly represent individuals and companies seeking both the creation of various types of agreements as well as the interpretation of existing agreements. I can draft agreements that will clearly spell out the parties obligations to each other and which will be enforceable, if necessary, under the state and federal laws governing the contract, and I can review existing agreements to make sure you understand your and your counterparty’s obligations. I can also represent you in negotiations prior to execution of any agreement to make sure you get the best agreement possible. My goal in all matters concerning the negotiation, drafting, or interpretation of contracts, leases, and other written agreements is to maximize your position with respect to the subject matter at issue, and to preserve and protect your rights as much as possible.