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Contract Drafting for Your Massachusetts Business

drafting a contract

A Good Contract is Your Foundation

There are so many sources of free contracts for various business purposes on the internet that I sometimes wonder if contract attorney’s will be out of a job before long. Then, I realize rather quickly, that many of these “free” contracts are severely lacking in specificity. What do I mean? Well, it is easy to find a noncompete contract online, for example, but does that contract reflect the precedent set in the state and local courts in which the contract will be used? Does that contract provide for the statutory constraints imposed on noncompete agreements in Massachusetts under M.G.L. Chapter 149, Section 24L? Is that “free” noncompete contract tailored to the needs of your business? Likely not.

A good contract is the foundation of any agreement between your business and another business or vendor. A solid, tailored contract may even result in avoiding a lawsuit, or settlement altogether. Attorney’s trained in drafting contracts are looking at every word, at every phrase, ensuring that the contract is benefiting the client at every turn. The difference between a “free” online contract and a paid-for attorney generated contract is that, potentially, the “free” online contract may cost more in the long run should a provision within the contract fail.

Types of Contracts

Our firm can assist your business with drafting a bill of sale, an agreement for the sale of goods, employment agreements, employee noncompete agreements, consultant agreements, contracts for independent contractors, for sales representatives for a business in Massachusetts, separation agreements, and confidentiality agreements.

The aforementioned contract types are but a few of the types of contracts that may be drafted for your Massachusetts business. Other examples include, but are not limited to, franchise agreements, indemnity agreements, settlement agreements, partnership agreements, operating agreements for an LLC, agreements to sell your business, and contracts describing a release from liability.

The Contract Drafter as Teacher

Ideally, the relationship formed between an attorney and client is based on two things. First, the attorney must actively listen to the client, asking questions aimed at pulling out the needs of the client to serve as a basis for the contract. Second, the attorney must explain to a client the reasons for each contract phrase or clause. Such explanations while sometimes time-consuming, are very helpful in assisting the client to come to business specific decisions about what to include in and what to exclude from any contract.

DISCLAIMER:
The information provided in the pages and posts of this website are for general informational purposes only. The information presented on this site is not legal advice, and no attorney-client relationship is formed by the use of this site.



Articles in Massachusetts Law by Attorney Gaudet

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