The Solo Attorneys Emergency Guide to Government Contracts

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Patrick C. Farber

In the research phase, you can start making a list of various category of Lawyers from personal referrals of your neighbors, Relatives, friends, and business associates. Bar Associations is also one of the good sources of finding your typical lawyer. Online resource is another awesome source which comes with the added advantage as well as a benefit of consumer reviews.

You will have knowledge through ratings about interactions with the particular attorney.

Chennai Law Forum: The best Law firm in India

Chennai Law forum has very good reputation in legal advice and litigation services among the associations and clients. Their testimonial is the witness for the best legal services. All Lawyers in Chennai will not be specialized in every legal area. Some may be specialized in trademark, some in formation of company or LLC or some in drafting common business contracts. In the best interest of your business it is advisable to choose a general business attorney who has good referral background for your specialized needs. Chennai Law forum has got a team of attorneys for each and every legal area to serve our clients in the best way.

It is important that your lawyer must understand your business and market. In fact, It prevents the communication gap. Hence a lawyer who understands or who is willing to learn about your market or niche is an added advantage. Ensure the Advocate you hire has good skill and experience in the specific law practice in which you need a help. In legal field there are many area of law practice. Most of the advocates tend only to handle specific cases in particular area of law.

Chennai law forum have group of attorneys for every area of practice with good experience. There are plus and minus of working with big law firms, small law firms, and solo law practitioners. When you hire a big law firm that handles fortune companies, you may not be given priority. When you engage small law firm or solo practitioners you can receive more individual attention and tag you with other specialists when they cannot cater to your legal needs. How to get in touch with them for queries and emergencies? Ensure the lawyer you choose has access to resources that accommodates when your business grows.

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Some advocates practice law by themselves. But many outsource or have paralegals to do their legal work.

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Ensure which lawyer will handle your case file, as this will help you a lot on both the quality of the legal service you get and the expenses or cost. How can you get in touch with the lawyers for your queries?. What is the waiting time for their response?. Every attorney will most likely will handle several cases in a day at the same moment. Your case is a priority for you. Ensure the advocate you hire give priority to this and contact you on time.

Our Senior Lawyers at Chennai law forum ensure you the best results based on the merits of the case. In addition to legal services and advice, Chennai law forum host regular events to encourage clients to meet and get legal knowledge. The contract should protect your client by stating a remedy for the potential default of each obligation. Default provisions contained in most form contracts are rarely adequate and they generally do not comply with the parties' intentions; the remedy of the default provision is usually termination of the contract and for many breaches, the nondefaulting party still does not desire to terminate the contractual relationship.

Finally, consider the worse case scenario. Assume that the parties become hostile toward each other, seeking to undermine the other party at every opportunity.

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Will the contract provide sufficient guidance to govern the relationship? Will it provide sufficient guidance to a court interpreting the contract or imposing remedies, if necessary? Clearly and consistently set forth the parties' rights and obligations. In its most basic sense, a contract sets forth the private law governing the parties' relationship.

Therefore, it is vital that it clearly and precisely sets forth the parties' contractual obligations and rights. It is also very important that these duties and rights are consistently drafted throughout the contract. While there are several acceptable choices of language to use when drafting, the key is to be consistent throughout the agreement.

I teach my students that whenever a party has a mandatory contractual obligation, state that obligation with the word shall and never use the word shall to have any other meaning. Thus, you should be able to substitute "has the duty to" whenever you use the word shall. Since a mandatory contractual obligation is synonymous with a legal duty, a party's failure to perform that duty rises to the level of a breach and may result in an award of damages. On the other hand, whenever a party does not undertake a legal obligation, but is entitled to exercise a right or privilege under the contract, state the authorization with the word may ; you should be able to substitute "is authorized to" or "is entitled to" whenever you use the word may.

The contract must clearly distinguish between a party's mandatory legal duty subject to breach, and his or her privilege to perform. Finally, state conditions with the word must ; you should be able to substitute "has to do X before Y will happen" whenever you use the word must. The key distinction between a mandatory duty and one that is conditional is that in the latter, the party's legal obligation to perform does not become mandatory unless and until the condition is met.

In other words, the party's failure to perform that obligation results in a breach only if and when the condition has been met. Understand every provision of the contract. One of the problems with using a form contract is that you were not the drafter of the document; thus, you may not understand every provision of the agreement, and not every provision in the form is relevant to the transaction at hand. I offer this guidance to my students: when using a form agreement, never leave in a provision because you do not understand its purpose do not assume it must be important or relevant , and never take out a provision simply because you do not understand its purpose.

You must review each provision until you understand it completely.

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Only then can you decide whether to include, omit, or modify that provision. Use recitals and definitions to reflect the parties' specific transaction. Although not part of the operative terms of the contract, recitals can effectively be used to state the parties' intentions or to provide relevant background information.

Since the contract may eventually require interpretation by a court, it should include within its four corners all of the information that may be useful to explain the parties' contractual relationship, any past history, and the parties' intentions that may not be clear from the operative terms of the contract itself. For example, while courts are becoming increasingly hostile to contracts in which parties surrender fundamental rights, such as access to the court system, if the parties truly wish to waive their rights to a jury trial, they may do so.

In these contracts, the waiver should be drafted so that it is clear and conspicuous, and the recitals should include some language regarding the parties' intent to waive their legal rights to a jury trial. However, drafters must be careful not to include any representations in the recitals that may have legal significance because the recitals are not part of the body of the agreement and, therefore, there may not be any legal remedies if the representations are, in fact, false.

Additionally, the use of definitions enables the drafter to tailor the meanings of certain terms used in the contract to the subject transaction, and also can prevent inadvertent changes of language. Generally, if the word or phrase as used in the contract is intended to vary in any way from the standard dictionary definition of that word or phrase, or if the word or phrase does not have a standard dictionary definition, it should be defined within the contract. There are three basic types of definitions: 1 precise definitions, drafted using the word means ; 2 enlarging definitions, drafted using the phrase "including but not limited to" after the definition, followed by illustrative examples; and 3 limiting definitions, drafted using the phrase "but does not include" after the definition, followed by the limitations of the definition.

An example of each type of definition follows: 1 "Land" means the property located at Smith Lane; 2 "Land" means the property located at Smith Lane, including but not limited to the residential house, separate garage, and vacant barn; or 3 "Land" means the property located at Smith Lane, but does not include the vacant barn. Throughout the semester, I remind my students numerous times of the golden rule of contract drafting: never change your language unless you wish to change your meaning, and always change your language if you wish to change your meaning.

In an effort to teach them to draft contracts with the goal of avoiding litigation, ambiguity is not tolerated.

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Use plain language. Contracts should be drafted with clarity and should be easy to read and understand by legal and lay audiences alike. Thus, omit legal jargon and unnecessary words, and eliminate wordy phrases from form contracts. I tell my students to think like an attorney, but to try not to sound like one.

Since the words of the document will govern the parties' relationship, rights, and legal duties, they should clearly communicate their meaning to the parties themselves, and not only to their counsel. As most practicing lawyers are aware, a majority of available form contracts fail to adhere to this advice. It is also important to check to see if your jurisdiction has a plain language law, mandating contracts to be written in a clear and coherent manner using words with common meanings; in fact, in some states, plain language laws dictate the number of syllables in the words and the number of words in each paragraph of the contract.

Failure to follow the application of plain language laws may impact the enforceability of the contract. Use proper grammar, a clear writing style, and logical organization.