drafting contracts with a strategically qualified attorney

Drafting Contracts with a Strategically Qualified Attorney

Importance of Quality Legal Services

  • The quality of legal services provided by attorneys can vary considerably.

  • Businesspeople should seek strategically qualified attorneys who can collaborate with them to generate opportunities and value.

Role of Strategically Qualified Attorneys

  • They consider themselves as integral in the deal-making process.

  • Play an active role in translating important transaction terms into legal contract terms.

Characteristics of a Strategically Qualified Contracts Attorney

  • Listening Skills:

    • Listens carefully to the business details of a transaction.

  • Inquiry:

    • Asks pertinent questions regarding the transaction's background and purpose.

  • Risk Management:

    • Understands the major risks involved in the transaction.

  • Negotiation Collaboration:

    • Works with businesspersons to assess important negotiating points.

  • Terminology Translation:

    • Translates technical legal terminology into understandable business terminology.

  • Big Picture Perspective:

    • Appreciates overarching business relationships and reputation.

  • Custom Contract Drafting:

    • Drafts customized contracts rather than using standard templates, legalese, or boilerplate language.

  • Inclusive Process:

    • Solicits input throughout the contract-drafting process.

Role of Legally Astute Managers

  • Managers must also contribute to the partnership by becoming legally astute.

  • Knowledge of Relevant Law:

    • They possess superior knowledge of the law as it relates to their business.

  • Recognition of Legal Gray Areas:

    • Understand that substantial gray areas exist within the law.

  • Proactive Law Engagement:

    • Work proactively with legal counsel to find ethical and value-creating solutions to business challenges.

Consequences of Legal Avoidance

  • Failing to achieve legal astuteness may lead to:

    • Legal avoidance by the organization.

    • A culture that perceives law as a constraint rather than an advantage.

Takeaway Concepts

  • Legally astute businesspeople prioritize working with strategically qualified attorneys.

  • Legally astute managers should have in-depth legal knowledge, recognize gray areas in law, and collaborate effectively with legal counsel for ethical business solutions.