It is commonly recognized that one should consult with, and hire, an attorney to draft particular sorts of documents, particularly contracts. In business, however, people often find themselves considering documents that have been created by another party, or even sometimes those they have created themselves. Many professionals assume that they are qualified and capable of reviewing and interpreting these sorts of contracts and other documents that are associated with their business. For some documents some of the time, they are probably correct. But the fine details of legally-significant documents can have lasting and expensive ramifications.
An issue that is commonly seen with documents prepared by someone other than an attorney is a simple lack of clarity. It is critical that an agreement’s terms are spelled out explicitly and in unambiguous terms. A lack of clarity is an invitation to litigation, as the parties to an unclear agreement often have different interpretations of their rights and obligations under it. When this sort of disagreement arises, a lawsuit is typically, and unfortunately, the only means of resolution. An attorney review can identify areas of vagueness and redraft them as necessary before the agreement is in force, usually at a tiny fraction of the expense of the almost inevitable litigation caused by such ambiguity.
It is also important to ensure that the proposed document actually accomplishes its purported purpose. The law does sometimes require that a document use particular language to achieve a specific legal result, while other times a document may contain a clause or attempt to accomplish something that is not legally enforceable at all. Other times, a party is relying on a document form that was found online, which are often problematic. For example, an online-sourced document may have originated in another state and not be compliant with Arizona law. A document that is not enforceable – that is, one that a party could not successfully bring suit under – is completely worthless. An attorney review can ensure that the agreement under consideration is legally sound.
If you need fast and professional review of a contract or other document, contact The Carroll Law Firm at 623-551-9366. For those in the North Valley, we are conveniently located in Anthem, just off I-17.