CLIENTS USING
“DO-IT-YOURSELF” LEGAL WORK
an
OPEN LETTER
from
Dear Client/Potential Client,
Somebody
once said (probably my mother): “If it’s worth doing, it’s worth doing right.”
If the
project, the contract and
the business model they
represent are that important, you may want to have us do it – and do it right.
Because I/we discount our time on contracts, the effective rate is much lower
than our standard consultation rates.
I find
that about 8 out of 10 contracts I review are sub-standard; including documents
used every day by major companies. It is just that they got them from somebody,
who got them from somebody else – maybe even from someone who was on the other
side of the transaction - etc., etc., and nobody has updated them. For
example, a good non-disclosure
agreement (aka “NDA”): NDA’s used to
be almost a “word-processor document.”
That is not true today. The old form NDA is woefully inadequate under
current case law and for the clients I now have whose very business model may
depend on that contract. (If you lose your essential technology or business
idea, what is left?)
To
quote myself from workshops we give
at the Hudspeth Law Firm: “It is not the assets in the
deal, but what the contract says about the assets in the deal, that
determines whether the transaction is a good deal or not.” Because I
think like a lawyer it surprises me that this fact is not more obvious to more
people. But it’s not. For example, people sell their businesses for $200,000
or $20,000,000 and treat the contract like a form when in reality almost every
paragraph is important and will have consequences later, good or bad. It is
like the difference between doctor’s office visits and the hospital, or even emergency
room surgery. Obviously, prevention is much less expensive and less traumatic than
the cure.
Thanks for reading.
Respectfully yours,
We offer over 25 years experience in business, business law, commercial
litigation, corporate representation and business formation, including
contracts, international business and intellectual property.