Do you need help negotiating
or drafting a contract?

 
 

We take great pride in our ability to negotiate contracts and agreements for our clients. We understand negotiation analysis and negotiation strategy. Scott Flegal has done extensive work in advanced negotiation at the Harvard Program of Instruction for Lawyers. We will work with you and with the party or parties on the other side of the transaction to generate options and explore alternatives, and to make sure you strike the best deal possible. That exercise adds value.

One of the ironies in business law is that for the parties, every contract is about what the agreement means to them. But from a court's perspective, a contract is about what it says. Most courts look only to the actual language in the contract to determine what the contract means. The only time a court will attempt to determine what the parties intended, or what the contract meant to them, is when the contract is somehow ambiguous. That makes drafting exceptionally important.

The contract needs to do more than just evidence the nuts and bolts of an agreement between the parties. Its meaning also needs to be clear. Effective legal drafting involves much more than legalese and forms. It involves listening to the parties and understanding their stories. It involves clearly expressing their agreement in written form in a way that makes their intentions clear. When we draft an agreement, our objective is not just to produce a document that a judge can read and understand. Our objective is to draft the document so the judge can understand what the parties intended when they entered into the agreement.

 
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