Legal Article of the Week
This column is about “reactionary laws” – not laws that are a part of some right-wing conspiracy, but laws that are enacted as a reaction to shocking news stories. The message to those whose common response to outrageous behavior is “there should be a law” is – be careful what you wish for. In response to reports of abusive parents who starved and locked their children in closets or intentionally inflicted cigarette burns, we now have laws protecting children....
An American GestapoPursuant to existing law, in the middle of the night, government agents can demand entry into your home, break down your door and forcibly remove family members. They can take them away to a secret location. If you try to stop them you can be arrested. They can take these actions based on rumor, innuendo and hearsay. Some neighbor, acquaintance or even a stranger may have reported bad things about your family. It could be initiated from an anonymous tip, or an adversary. There is no requirement for...
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.