A contract lawyer is a legal professional who works exclusively on legal matters on a contract basis only. Such work is normally of a short term nature, frequently with no long-term guaranteed employment commitment. In instances where the need arises for such specialized legal services, a contract lawyer can be employed on a contingency fee basis, for an agreed-upon amount. This is usually the best way to get expert legal services, particularly in a situation when the lawyer has no other obligations to the client.
When a business is involved in some kind of dispute that involves a contract or agreement, it is the duty of the contract lawyer to protect both parties’ rights to fair compensation and fair treatment under the law. One of the most common types of cases that contract lawyers take on involve disputes over the transfer of ownership of assets. This is where the party against whom harm has occurred is not necessarily the original owner of the asset but is instead an assignee or beneficiary. Under normal circumstances, this would result in a court judgment being sought and the transferring of the asset would then be allowed by a competent contract lawyer.
Other situations where a contract lawyer may be needed include those where an employee wants to be paid commissions for sales he or she does not make, or in the event of wrongful dismissal. These contracts are usually known as ‘consent’ agreements. Another area of expertise for a contract lawyer is that of employers and employees. This is because the two parties to a contract, especially an employer, have a right to know what the employees do what they say, and who they answer to in the workplace. Without this information, the possibility of discrimination or other unlawful practices on the part of the employers and employees is high.
Using Contract Lawyer In Intellectual Property Cases
A contract lawyer may also be called upon to deal with the related issues of intellectual property. This includes issues arising from copyrights, patents, trademarks, or any other form of intellectual property. Some contracts contain such information as the term of the contract (the time during which it is binding), whether there is a limit to the damages which may be claimed, and if any damages can be waived. Without appropriate legal advice from a competent contract lawyer, one cannot determine whether these details are legally binding. Without appropriate expert advice, the risk of losing one’s intellectual property and irrevocably damaging one’s reputation can be severe.
The most common area in which contract lawyers are of help is with real estate transactions. They can provide sound legal and financial advice and ensure that these types of transactions are appropriately recorded. If such advice is taken then the properties recorded properly and remain secured in the future. Failure to protect intellectual property rights can result in huge costs for businesses and individuals, for example, huge fines or reputation damage. For instance, it could mean having to sell a company’s asset to pay off some debts or pay off some claims against an individual’s accounts.
Not only can an experienced contract lawyer help secure contracts and legal agreements, but they can also advise their clients on related financial matters such as estate planning and probate. These professionals can draft a will or a power of attorney for another person that they know. They can also provide their clients with expert advice with respect to business structuring as well as advising them on the structure of their investment portfolios. Without the assistance of a good contract lawyer, many people would not be able to get the most out of their investments and retirement savings. This is because without a will or trust most bank account proprietors do not have the legal authority to control these funds.
A contract lawyer is an attorney who works exclusively on contractual law cases on a contingency basis. These cases are usually of a short-term nature, frequently without any guaranteed employment duration. In other words, the lawyer represents the person (or organization) that has entered into a contractual relationship with the lawyer. This relationship may be based on an employment agreement, or it may be a license to engage in a certain type of business.
Reviews Contracts as the Main Task
The primary function of the contract lawyer is to review contracts in order to determine whether they are enforceable. The review process begins with drafting a contractual statement that identifies the parties to the transaction, outlines the obligations of each party, and describes the consequences of the transaction if the parties are unable to fulfill their agreement. It is not uncommon for contract lawyers to prepare additional documentation in the event that the initial documents are insufficient to provide all of the relevant information to the drafting party. In some instances, the parties may decide to go to arbitration instead of going to court, which would require additional time spent in drafting the agreement and presenting it to the other party for approval. In this case, the contract lawyer would again need to review the agreement for enforceability.
Some contract lawyers specialize in tax agreements. In tax cases, the duties of the lawyer in this area vary depending on which state the agreement is executed. In most cases, a certified public accountant must draft the agreement. While these tax attorneys are familiar with all of the technical tax terminology, the fact remains that they must also understand how the state tax laws apply to the transaction in question. As such, the contract lawyers must also be skilled and knowledgeable in understanding the applicable state tax laws in order to correctly advise their clients.
Business contracts, as well as intellectual property contracts, are generally the most common area for contract review by professionals who have expertise in this field. The majority of business transactions occur between businesses, so it is not surprising that the legal language involved in these types of business transactions can vary greatly from state to state. Intellectual property contracts, unlike many other types of business contracts, are actually dictated by federal law and the laws of the United States. This means that the contract review lawyers must be very familiar with all of the applicable federal laws in this area in order to offer their client the best legal advice possible. Contract law firms also deal with a wide variety of other issues including contract review in mergers and acquisitions, employee termination and misrepresentation claims, employee injury claims, broker and contractor liability, commercial activities related to environmental compliance, tax issues and intellectual property licensing.
If you have a legal issue that is related to a business or if you are considering engaging the services of an attorney, then you should make sure that the lawyer you choose has experience working in the area of the law in which you need help. Not all lawyers specialize in all areas of the law, so it is important that the professional you choose has experience working in your specific area of concern. Any good contract lawyer should have the technical skills necessary to draft good contracts in all different types of legislation.
It is also very important that the drafting of contracts to be done in accordance with the local and state legal obligations. Many states require that contracts are written in complete compliance with the law and they have specific instructions as to how the contracts must be filed and disposed of. Some states even have statutes that mandate that certain procedures be followed when drafting a contract. If your lawyer does not follow the local and state laws, then your business could find itself entering into a lawsuit if the contract does not meet the legal obligations.
Mike Fisher is JSBNI’s senior staff writer with years of experience researching and writing about a variety of legal topics. Previously, he worked as a reporter for the Massachusetts Street Journal and got his start at newspapers in New York, Connecticut, and Massachusetts.