All parties to the contract need to be clearly set forth. Are the parties individuals or business entities or both? If you want the individual and business entity bound by the terms of the contract, ensure all are parties. This should be in the very beginning.
Lay Out What Each Party is Going to Do (or Not Do) as Part of the Agreement ("Consideration")
Make sure that the money, services, goods, etc. are completely spelled out so the parties to the contract know who is to do what as their part of the bargain.
Include All Key Terms of the Contract
For a contract to be enforceable, set forth all key and material terms. The "who, what, when, where and why" so to speak. If material terms of the agreement are omitted, the contract may be deemed unenforceable.
Clearly State the Timing and Performance Required
Clearly state the timing and performance required by all parties to the contract.
Make the Agreement an "Integrated Contract"
Actually state that the agreement sets forth "all of the material terms of the agreement" and shall be deemed an integrated contract. In other words, don't leave out key terms or loosely refer to other unidentified agreements or terms outside the agreement.
Determine Dispute Resolution Method
If desired, set forth whether disputes should be arbitrated, mediated or resolved in court. State where it (venue) should be for the resolution of disputes. Decide if you want an attorneys fee clause entitling the prevailing party to the dispute their attorneys fees and costs (usually, if not in the contract, no one recovers their attorneys fees in a dispute).
Finalize the Documents and Save Signed Copies
Carefully review all the documents before signing. Maintain a complete set of all executed documents and save another copy offsite.
Our Rating is calculated using information the lawyer has included on
their profile in addition to the information we collect from state
bar associations and other organizations that license legal
professionals. Attorneys who claim their profiles and provide Avvo
with more information tend to have a higher rating than those who do
What determines Avvo Rating?
Experience & background
Years licensed, work experience, education
Legal community recognition
Peer endorsements, associations, awards
Legal thought leadership
Publications, speaking engagements
This lawyer was disciplined by a state licensing authority in .
Disciplinary information may not be comprehensive, or updated. We recommend that you always check a lawyer's disciplinary status with their respective state bar association before hiring them.