Business Lawyers for Contract Law

Contract Law – Business Lawyers

Contract law article

Why a Business Lawyer Is a Necessity for Contract Law

Contract law covers enforceable agreements between parties with mutual obligations. They can be written, oral, or implied. Monetary compensation, specific performance, or injunctions are the remedies acquired by an attorney of law for breach of contract.

Following are the elements of a legal contract:

• Offer and acceptance
a. Express – Can be oral or written
b. Implied – The actions and circumstances of the parties form the contract. It is unwritten. It can be legally binding on both parties because of the intention of the parties to act. For example, use of water in a home is an implied contract with the utility dept of that city.
• Consideration – an exchange for something
• Capacity
a. Undue influence – There must not be undue influence. A person in authority cannot influence someone to enter into a contract.
b. Minors – A person must be over the age of 18 to enter into a legal contract, or the contract is voidable. If the minor turns 18 and has not gotten out of a contract, the contract is considered ratified.
• Intent – The parties must have the essential intent of entering into a contract. Intoxication, error, insanity, etc., is cause for void.
• Legal – For example, a real estate contract is void if not in writing.

The basic essentials remain the same no matter what type, and that is the offer and acceptance. Even with an implied contract, the parties have reached an agreement of an offer and acceptance even though it is not expressed in words.

Why retain a Business Attorney:

1. Review Documents

Business attorneys cover a vast scope of issues in which they may be retained for contracts. Many people use this type lawyer simply for document review. The fine print in every contract can be difficult to grasp for the average individual. Contracts for employees, suppliers, leases, real estate sales contracts, and other type documents require a skilled contract attorney to read through the legal terms and decipher exactly what the conditions or the instructions are for the contract at hand.

2. Advice

A competent contract attorney can give advice as to the risks involved and whether the clauses in a contract should be modified. He or she will interpret the legal language, thereby resulting in a better understanding for the person signing a contract.

3. Write the Contract

Drafting the document is not an easy task. A contract attorney is absolutely the best candidate for making sure that a contract is sound, valid, and cannot be broken without consequences. He or she can draft a contract as easy as the average person can write a letter. The good news is that the retained attorney works for the best interest of the client, while making sure that the terms and conditions are essential and valid. Lawyers know how to insert the right clauses in a contract to make sure there are no legal problems down the road.

Breach of Contract

When it comes to breach of contract, remedies must be sought after. This is not easily accomplished without the help of an attorney. Breach of contract occurs when one party does not perform his part of the agreement.

Four things that must be proven for a breach of contract are:

a. It was a valid contract;
b. The defendant broke the contract;
c. The plaintiff performed his or her part of the contract;
d. The plaintiff notified defendant of his or her breach of contract, preferably in writing; and
e. Damages.

The goal is for the non-breaching party to return to the position he or she was in before entering into the contract. The elements of this goal ultimately figure in the damages to conclude this type of lawsuit. For sales contracts, according to the UCC, the formula is “lost profits plus incidental/consequential damages minus avoided expenses equals the default measure for damages.”

The most important thing to remember is that a contract is a legally enforceable agreement. It is important that ambiguous terminology be avoided when writing one. That is why a contract attorney retained from the start will help ensure that future litigation does not occur.

A good Los Angeles business attorney can help with all aspects of contracts and contract law and finding a good lawyer in Los Angeles should be done with the proper amount of research.

The business you are in will dictate whether you have a larger need for legal counseling.

Legal Marketing Wisdom You Should Ignore

Basic marketing strategy may stay constant, but the specific actions and advice that experts give is in a constant state of transition. From social media platforms like Twitter to the ever-changing world of blogging, today’s legal marketing is a far cry from that of even just five years ago.

Having worked with lawyers for the last 15 years, I’ve seen, heard and given a lot of advice when it comes to business development. Does it all still apply? No! In order to keep up with clients, you’ve got to understand what still works.., and what’s outdated. Here are few pieces of past wisdom that no longer apply now that the rules have changed!

Your website is your only online presence. Social media and blogging have all but made this piece of advice obsolete. Platforms like Twitter and, if you’re so inclined, Facebook, as well as the plethora of blawgs (slang for law-related blogs) and article directories give attorneys a direct connection to potential clients and establish their credibility. While a firm website is important in that it can outline basic information and firm vision, a more personal and specific line of communication such as a blog can help attorneys truly show what sets them apart from the competition.

Cards should only be sent for winter holidays. To truly stand out in a sea of holiday cards, I always advise my clients to send either Thanksgiving or New Year’s cards. (For the adventurous there is always July 4th as well!). The lesson here is to think outside the box. Don’t want to send holiday cards at all? Have a reception instead; send clients a card with an interesting article that relates to their business; or even keep a calendar of birthdays and the like. Communicate all year round…not just when you think you have to.

Law firms don’t have taglines. Though it’s still met with a bit of resistance from some, a lot of firms have accepted the benefits of having a tagline. Whether it’s simple, clever, funny or descriptive, a tagline can do wonders for helping firms not only show their points of differentiation, but establish their position and their firm culture among potential clients. Two other options to consider? First, a tagline doesn’t always have to be attached to a logo. It can simply be a strong positioning statement or headline that sums up a firm’s vision and point of differentiation. Second, it can be as simple as using “Trial Attorneys” versus “Attorneys at Law.” It can set you apart and make clear your place in the legal field.

All you need is a capabilities brochure. While a beautiful and informative brochure can make for a great leave-behind, the secret is really in the content. Stop telling clients what you CAN do and show them what you’ve done. A results-driven brochure can incorporate case studies, statistics about the firm (and its lawyers) and the backgrounds of its attorneys. Additionally, the brochure can often be housed in a folder with articles that the attorney has written (either published traditionally or online) to increase credibility as well as other news and information that will help engage the client (or potential client) and package the firm as their go-to resource for all legal issues.

Your bio should be about what you’ve done. Sure, clients want to know about your cases and clients…but what they really want to know is how those cases and clients apply to them. Refrain from compiling lists and instead focus on how your experience can be of service to a specific industry or group of clients. Make them understand why you’re the best at what you do and use those clients and cases as examples. Also- it’s always a good idea to have a few different versions of your bio on hand so you can tailor them to each industry or practice area you work with.

Legal marketing wisdom changes on a constant basis. As new methods of communication continue to crop up, the marketing opportunities for lawyers and firms continue to multiply. My best advice? Read books, subscribe to blogs and follow legal marketing news for the latest trends and ideas.

Drawing on over twenty years’ experience in branding and positioning, Paula Black has advised law firms around the globe on everything from powerful and innovative design to marketing strategy and business growth. She is the award-winning author of “The Little Black Book on Law Firm Branding & Positioning,” “The Little Black Book on Law Firm Marketing and Business Development,” and “The Little Black Book: A Lawyer’s Guide To Creating A Marketing Habit in 21 Days,” as well as founder and President of Miami-based Paula Black & Associates. For more information visit http://www.paulablacklegalmarketing.com

You can always look up the legal issue online and see what others are saying.

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