Legal Article of the Week
Although none of us like to dwell on the possibilities of sickness and disability, there are certain actions that need to be taken in anticipation that the day might come when we are unable to take care of ourselves or a loved one. One such legal document that should be prepared is a Durable Power of Attorney for Health Care. The Power of Attorney for Health Care gives an individual you name certain rights to make decisions on your behalf when you are no longer able to make those decisions. Even...
Packing the JuryClarence Darrow, a famous lawyer at the turn of the century, once said, “Every knowing lawyer seeks for a jury of the same sort of men as his clients; men who will be able to imagine themselves in the same situation and realize what verdict the client wants.” During the last several decades there have been many major changes in the law; however, in selecting a jury the attorney’s goals remain the same. In getting the “right” jury, one major consideration is picking the right...
Contracts
One of the most frustrating experiences for attorneys is for a client to make an appointment to review a contract that has already been signed.
Sometimes the contract was signed only one week before the attorney had the opportunity to review it. Other times, the client is being threatened with a suit or needs to get out from under the contract and wants to know his rights.
It costs considerably more money to hire an attorney to untangle a person from an unwanted contract than it would have to hire him before the document was signed. Often, litigation becomes necessary. This usually costs several thousands of dollars and the outcome may still be unfavorable to the client.
Contracts are written for two primary reasons. One is to state all the terms of the oral agreement. The other is to anticipate all the things that could go wrong and place a party in the best possible position should something wrong happen.
This means that if you leave the drafting of the contract to others, the odds are the contract will favor the other side.
You should consult with a lawyer at an early stage in contract negotiations. Express your concerns and the basic terms of your contract. Have the attorney negotiate the terms for you.
Afterward, you may be able to file the contract away and give it little thought. But you will have the peace of mind in knowing that should a problem arise, the contract may be in your favor.