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Business Law

5 Reasons to Hire a Litigation Attorney to Draft, Review and Negotiate Contracts

By Corri Fetman | March 20, 2023

A litigation attorney, can be critical in crafting contract negotiations that best represent your interests within your business. From taking into account state and local regulations as well as a number of other factors, to understanding how to build a successful negotiation strategy, Litigators are distinctively qualified in that their experiences both in and out of the courtroom allow them to better understand the roadmap to building a successful contract.

These days it is becoming increasingly easier and cheaper to formulate contracts and other legal documents without the help of a litigator by taking advantage of the wide array of sample legal documents available online. While you may find this to be a simpler and more cost-effective way of getting things done, when problems inevitably arise over the long run, you may end up regretting that decision.

Here are 5 reasons why hiring a litigation attorney to prepare your contracts is the best decision you could make for your business:

1. Superior efficiency in drafting contracts

Perhaps the most important reason to hire a litigator to draft contracts is that a litigator can foresee what causes litigation and actively seek to prevent it through superior drafting. While drafting a contract might seem like sailing down a calm and steady river, often there can be hidden dangers lying just beneath the surface. Forgetting key clauses or using ambiguous language can render a contract useless and even be difficult for a court to enforce. A litigation attorney will be better able to navigate these and other obstacles as he or she will have the experience to steer clear of mistakes that can result in a vague, unclear or ineffective contract.

2. Litigators are better negotiators

Years of litigation law experience have afforded your litigation attorney opportunities to hone his or her negotiation skills, allowing them to be uniquely effective on their feet in getting their client the most favorable contract terms. He or she can help in finding creative proposals and solutions. Additionally, they can also help you in considering alternatives. The earlier on in the drafting process and the more involved your litigation attorney is, the better able he or she will be in achieving a goal that meets your needs and puts you in the best position to succeed.

3. Litigators can see all of the angles

When drafting a contract, it is prudent to have someone who sees and understands the views of all parties involved. Being able to see all of the angles is very useful in forming creative solutions to address any and all issues that may arise. That insight and creativity is a hallmarks of litigators, earned through hard-fought cases both in and out of Court. A litigation attorney is more experienced at seeing things from numerous sides of the equation and is therefore more adept at fashioning a solution based on this experience. When drafting a contract negotiation, your litigation attorney will be able to put you and your business in the best position to succeed.

4. Litigators are aggressive

Much like haggling down the purchase price for an item from a street vendor in Marrakesh, negotiating a contract requires an aggressive personality. Litigation attorney knows how to play to the game to get their client what they want. From controlling the pace of a negotiation to creating lines of communication between parties, a litigator understands just how to adopt a hard-line stance on the things that matter most to you while keeping an open mind to places of negotiation and compromise. They have a great poker face and are able to go the extra mile to ensure their client’s needs are met to ensure that they come out ahead.

5. A winning strategy

Strategy is the cornerstone of any contract negotiation. When drafting a contract, you need to come to the table with a strong, well-thought-out strategy. From understanding how to drive progress in negotiation to identifying top priorities for their client, litigation attorney is uniquely well-versed in developing and implementing a strategy to achieve the client’s end game. Over years of courtroom experience, they have come to understand the importance of being well prepared and doing the research needed, using facts over feelings, and finding an approach that gets you to “yes.”
With the increasing prevalence of stock contracts, more and more business owners are seeking a cheaper alternative to traditional legal representation. With these one-size-fits-all templates, however, even more, problems can arise. Stock contracts are often not tailored to state and local laws resulting in weak and sometimes unenforceable contracts. Additionally, these contracts can often be so weighted with “legalese” that it can be nearly impossible to determine what either party originally intended. These contracts can often be ineffectual and difficult to enforce in court. Bringing in a litigation attorney to draft your business contracts, especially early on, allows them the most creative flexibility in building and employing a strategy that works for you. In this way, you are ensuring your top priorities are never forgotten during the fog of negotiations, thereby putting yourself and your business in the best position to succeed.

Corri Fetman of Corri Fetman & Associates, Ltd., a Chicago corporate attorney, has many years of experience in litigation, drafting, and reviewing contracts for businesses and individuals in all areas of the legal spectrum. To book a consultation, use this link:

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