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Business Contracts

Contracts

We can design and draft a variety of agreements and other documents relating to commercial transactions, such as sales agreements, leases, licensing agreements, and terms and conditions of sale.

A good contract can prevent future litigation or at a minimum reduce risks

Far and away, the most important tool that a business has at its disposal to prevent litigation and protect itself during litigation is to have solid written contracts in place between it and its clients. It greatly reduces litigation when obligations between parties are set forth clearly in a written document and executed by all parties.

Tremendous difficulties arise when oral contracts are entered into. The most common form of oral contracts that cause problems occur when the parties start out with a written contract. But, then the parties decided to make oral amendments to the written contract and alter their obligations, etc. as the job goes on. It is very easy to do and to "trust" the other party will own up to the new verbal agreements. When a problem arises it ends in disaster and conflict. To be safe, whenever a contract is amended, it should be done in writing so that all of the parties' obligations are clearly set forth and nothing is left to memory, hearsay, or other oral promises.

It cannot be overstated that in today's litigious business climate the old saying "get it in writing" applies more than ever.

Pre-existing contracts need to be reviewed to assess risks

Furthermore, even if preexisting contracts do exist, and your business is operating upon a set of forms and contracts already in place, it is important to have all of those contracts and forms reviewed by an attorney periodically, because law is constantly changing and certain issues may arise that may have not been foreseeable when your contract and forms were originally drafted. Thus, to be safe, you should maintain a business relationship with an attorney that can help you keep your forms in proper order and take advantage of all of the defenses available pursuant to Louisiana law and Federal law as the case may be at any given time.