The Importance of Engaging a Contract Lawyer
When engaging in any type of business transaction that involves a written agreement, it is imperative to consult with and hire a contract lawyer to draft, review, or negotiate the contract. Even when the parties are trying to be ambitious by including certain considerations, the language used in the contract is critical to avoid future litigation. Omission of one word or one sentence in the agreement can change the entire meaning of the contract.
One specific situation where it is important to hire a contract lawyer is with business operations and business transactions. A business should have a contract with its employees, independent contractors and third-party vendors, which would include producers of advertisements and other marketing materials, repair and maintenance people, consultants, graphic designers, web developers, etc. These contracts can include clauses that protect employer interests, such as intellectual property rights, confidentiality rights, and agreements that the employee cannot leave the company and start a similar business to compete against the employer . There are also clauses that require the employee to report suspected misconduct, which would allow the employer to address issues that could harm the company internally before they affect customers and sales.
Another situation where it is very important to have an Atlanta contract attorney involved is when the transaction involves the sale or purchase of real estate. Contracts involving the purchase and sale of real estates, such as land, parcels of land, buildings, condominiums, lofts, and residential homes are some of the most popular transactions clients seek the advice of a contract lawyer in Atlanta. Having an attorney that specializes in real estate transactions is especially beneficial because such a lawyer will be well versed on issues that other real estate lawyers may neglect or not know about, such as nondisturbance agreements.
Defining Traits of the Most Reputable Contract Lawyers in Atlanta
When it comes to the efficient and effective drafting of contracts, you want to make sure you work with the best contract attorneys in Atlanta. The following attributes are essential to helping you identify this individual or firm:
Experience and Expertise
Obviously, experience is key. It’s important that your contract lawyer knows the ins and outs of contract law and has been exposed to a variety of contract negotiation and drafting situations. The specialist you choose should know exactly what they’re doing and have the experience to back it up with solid results for their clients.
Knowledge of Local Laws
You may be surprised to learn exactly how different contract laws can be from one state to the next. And since the Atlanta Atlanta capital’s location in the southeastern U.S. places it under unique circumstances when it comes to contract law and litigation, this is one of if not the most crucial quality to look for. Only a lawyer with extensive experience and knowledge when it comes to Atlanta contract law should be considered to represent you.
Successful Contract Negotiations
If you’re hiring an Atlanta contract attorney because you need help with negotiating a contract, request an overview of any previous successful negotiations the lawyer handled for other clients. This allows you to ensure the attorney you hire has experience with contract negotiation and has been able to achieve positive outcomes for their clients.
Contract Law in Atlanta: What You Need to Know
Contract law is the body of law that governs the breach of agreements. Contracts can be written or verbal and can address any number of topics. The terms of a contract can be vague or specific. Atlanta, Georgia is no different from the other 49 states in its enforcement of contracts. Both federal and Georgia law govern these types of contracts. Georgia has adopted the Uniform Commercial Code (UCC) as its statutory system of contract law. As a business-friendly state, these laws are designed to support the needs of businesses and individuals in various areas of their everyday lives. The statute of limitations for breach of contract in Georgia is six years. This means that individuals or entities have six years from the date of breach in which to file a lawsuit. Legal remedies may include enforcement of the provisions of the contract and/or damages as compensation for the loss. Whether any of these actions are taken will depend on the unique circumstances of a case.
Georgia law does not require contracts to be in writing. However, there are exceptions. If a contract term cannot be completed within one year, it must be in writing. A contract related to the sale of land must also be in writing. Any contract related to the sale of goods over $500 must be in writing. A contract with a minor may be void or voidable at the time it is made. It may also be unenforceable if a person with a diminished capacity enters into a contract.
Even a contract that does not meet the statute of frauds may be enforceable. Even if a written contract cannot be enforced, the conduct of the parties may create rights and obligations. For example, if a contract for the sale of land is not in writing, the buyer of the dwelling may be able to rely on the doctrine of part performance to enforce the contract. It may be enforced if he or she can establish that real estate was delivered to or in the possession of the buyer and that it was conveyed with mutual written acknowledgment of the parties.
A contract that is against public policy will be unenforceable. Examples include a contract that prohibits a criminal act, a contract that induces a party to become a mental health patient or a contract between a client and a lawyer where the lawyer’s fee is based on the amount of recovery rather than on the time or effort involved.
Picking the Right Contract Lawyer for You
Finding the Right Contract Lawyer in Atlanta: Your Essential Guide
Choosing the right contract lawyer is crucial to achieving positive results. The various steps you can take to ensure that you hire the best of the best include checking credentials, seeking referrals and setting up times to meet with potential contract attorneys to determine compatibility and expertise.
Verify Credentials
Before hiring an attorney, be sure to verify his or her credentials. In particular, ensure the person has a license to practice law. Verify any disciplinary actions the attorney has faced in the past. It’s wise to seek an attorney who is licensed to practice in both Atlanta and Georgia, as you may need assistance with other real estate endeavors in different parts of the state.
Seek an Attorney with Lots of Experience
When hiring an attorney, it’s important to seek one with plenty of experience. You can ask how many commercial transactions the lawyer has handled in the past. An experienced real estate attorney in Atlanta should also be able to answer questions about new commercial developments in the area.
Ask for Reviews
When choosing the best contract lawyer in Atlanta, Georgia, be sure to review testimonials from previous clients. If possible, speak with clients about their experiences. Ask if they would hire the attorney again, if they would recommend the attorney to friends or family and what those people might do differently when hiring a lawyer.
Don’t Just Ask for Referrals
Friends, family and relatives can recommend contract lawyers in the area. However, don’t just rely on their recommendations. Analyze their suggestions with the same level of scrutiny you would when selecting anyone else. Make sure that they aren’t simply recommending someone because the person represented them in a case on which they lost.
Average Cost of a Contract Lawyer in Atlanta
The cost of hiring a contract lawyer in Atlanta is typically influenced by factors such as the complexity of the work needed, the experience of the contract lawyer, and the hours of work required. In addition, you can expect to pay more for specialized experience and a proven track record. General retainer costs that lawyers charge are generally $100-$150 per hour, but as a rule , contract lawyers are much less expensive to employ – $50-75 an hour could be about the average.
When hiring a lawyer for any legal purpose, it’s essential to budget properly and to hire a professional within your means. Going bankrupt because you hired the most expensive lawyer possible is rarely a good plan, but you don’t want to cheap-out on your legal services either or you may wind up with unsatisfactory results.
Negotiating Contracts in Atlanta: Possible Obstacles
Contract negotiations often come with their share of challenges. Issues such as unrealistic expectations, hidden agendas and competing objectives between the parties can easily threaten to derail the process. Contract negotiations also require a wealth of legal knowledge, as there are often sticking points in the language of a proposed agreement. A skilled contract attorney will be able to identify these potential problem areas before they become contentious issues or even provide suitable solutions if they already have. The following are just some of the most common challenges encountered by contract negotiators in Atlanta:
Understanding Exclusivity
It’s likely that both parties will want to retain a sense of exclusivity in the contract. The problem is, these exclusivity requests can often lead to mismatched expectations as one party will want more recourse than the other. For instance, many clients love the idea of a 15-year term for a project because of the level of loyalty it shows on the part of the other party. The only problem is, a 15-year term is usually of little benefit to a business that may not even exist by that time. If the client pushes the 15-year term, this can mean the other party will have to make contingencies for that loss of flexibility—for instance, by charging higher interest or fees.
Overstating or understating costs
When it comes to intellectual property, it’s common for the seller to overstate their development costs. From their perspective, they want to maintain the highest possible price point, and highlighting development expense helps reinforce the need for that high price. Conversely, the buyer often represents the lower end of the scale by lowballing expected expense. Negotiating a compromise here can be very difficult.
Conflicts of interest
Sometimes, parties will have an underlying agenda that they won’t state outright. Sometimes, this happens because they don’t even realize by the fact that they are adaptable to alternative terms. A skilled contract negotiator often has the broader and more objective perspective necessary to recognize these underlying motivations early on in the process and help the parties seek a solution that satisfies their true needs.
Commonly Asked Questions About Contract Lawyers
As you prepare for your meeting with your contract lawyer, it can be helpful to know some of the common questions asked by people heading into this process. Here are some of those questions:
How much will a contract lawyer in Atlanta cost me?
This can depend on the type of case you have and the goals of your case. Many contract lawyers charge an hourly fee, which may vary by the difficulty of your case. While an expensive lawyer does not always provide a higher level of service, some specialties do command a higher price.
Will my contract lawyer have loads of experience in the area I need?
Contract lawyers often specialize in one or two areas. If you are looking for an attorney who specializes in commercial real estate, focus on contract lawyers with that specialty to get the best results.
What should I expect in my contract law case?
Every case is different and every solution is tailored to the individual. That being said , there are some things that might apply: Your lawyer will likely help you understand the situation as it stands now in order to give you an understanding of where you are going and what is needed to get there. There will be a negotiation process in which your lawyer will advocate for your goals. In most cases, they will do everything they can to have your case settled outside of court, which saves you time and money. If that is not possible, you can expect to go to trial.
Can I feel confident about hiring a contract lawyer?
Everyone has to start with their first contract lawyer sometime. Once you walk through the door of their office for a consultation, you can begin to feel confident about the step you have taken. They can answer your questions and ease your mind about the process.