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.