Archive for the ‘Contracts’ Category

3 Advantages of Custom-Tailored Contracts

Wednesday, October 28th, 2009

In today’s age of the do-it-yourself entrepreneur, downloadable contract templates are more popular than ever. “Just click, customize and print.” But can you really protect your business with a one-size-fits-all solution? It turns out contracts are a lot like suits — not lawsuits, mind you, but business suits — the basics of the professional wardrobe.

No Two are Exactly the Same
The job of the tailor will exist as long as people keep living in bodies and caring about looks. An experienced needle-smith can assess the exact size and shape of your body and craft each seam of your suit to fit your dimensions precisely. The same goes for a lawyer writing a business contract — he analyzes the unique attributes of your company to maximize your protection with every line of the document. The better the lawyer, the more precise his adjustments. With no lawyer at all, you’re just buying a suit of the shelf — buckling waist, dangling sleeves, and all.

It Makes YOU Look Good
The suit you purchase off the rack gives you the basics. It’s up to the tailor to make it YOURS. To get the most out of your business contracts, you’ll want your small business lawyer to make them yours — to write them so YOU get the edge. Wherever there are rules of engagement, there’s a distinct advantage in being the writer of the rules. When you choose to work from a neutral, templated contract, you’re throwing this opportunity — and your tailor’s expertise — right out of the window.

The Rules Change Over Time
A great tailor combines timeless knowledge with an acute sense of today’s trends. He’ll help you make the right calls for this year, this season, and the exact occasion you’re dressing for. When it comes to writing business contracts, your small business lawyer can keep your documents up to date with statuses, case law and the course of your business. Last year’s suit could make you look out of place. Last year’s contract could be virtually useless in the courts.

Every business professional should have a well-tailored suit. It polishes your presence, enhances your image and inspires confidence in ways an off-the-rack solution never will. And when it comes to business relationships, a custom-crafted contract from an experienced lawyer will have just the same impact. In either case, you might pay a little extra up front, but the results can pay back a lifetime of dividends.

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5 Must-Have Contracts to Protect Your Biz

Thursday, October 22nd, 2009

Without contracts, anything is possible. People change, things happen, and anything that can go wrong just might. With contracts, anything is STILL possible, but the expected limitations are clear and the consequences are governed by law. Trust is still one of the most important factors in any business relationship, but without a contract, it’s nothing more than a feeling. 
 
Confidentiality Agreement: Because nobody likes keeping secrets.
Every secret we have isolates a small part of us from the outside world. That’s why keeping a secret is such a lonely experience, and it’s also why a secret is so important to a business. When you communicate your trade secrets to a new partner — written, verbal, or otherwise — you’re sharing more than a valuable idea; you’re also sharing a burden of responsibility. The Confidentiality Agreement is a business contract that provides legal recourse in the event that a partner’s personal need for expression surpasses their respect for your secret information.
 
Non Compete Agreement: Because everyone’s an entrepreneur.
Remember the entrepreneurial urge that led you to start a business in the first place? Any one of your employees might have those same feelings now — but that’s not necessarily a bad thing. With a well-structured Non Compete Agreement contract, your employees will have extra incentive to grow their segment within your company, instead of becoming your cross-town rival. When properly written, a non compete agreement inhibits an employee from competing in the same industry within a reasonable time frame and geographic area of their former employer.
 
Non Solicitation Agreement: Because they’re YOUR clients.
Who owns the relationships with your clients? Whether you’ve got a sales staff, a new business director, or neither, you’ll likely gain client relationships through your employees at some point. The key is to make sure they don’t leave through those same doors. A Non Solicitation Agreement is a business contract that restricts your current and former employees from courting and signing your clients outside of your company — consider it your valve for client retention.
 
Non Disparagement Agreement: Because break-ups can be brutal. 
Emotions run wild when a relationship goes sour — and a business relationship is no exception. A terminated employee, or even a dissatisfied one, can ruin your good name with their ill will. A Non Disparagement Agreement is a business contract that will make them think twice — it discourages current and former employees from making negative comments about your business in the public forum.
 
Employment Agreement: Because uniforms aren’t so uniform anymore.
With the variance in policies from one company to the next now wider than ever, how will your employees know what your company expects? An Employment Agreement is a business contract that can cover pay, vacation time, terms of employment and many of the agreements mentioned above. With all of the rules in writing and signed in one document, both employer and employee know what to expect before the rookie’s first day on the job.
 
A business owner should never feel bad about requiring a contract for a business relationship. It’s nothing personal — in fact, it’s pure business. With the right contracts in place to formalize your agreements, you can make sure that no matter how personal feelings might change, the terms of your business relationships never will.

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