Need for a Contract Lawyer
The legal profession in Texas is much the same as in the rest of the United States with regard to the distinct areas of the law in which lawyers practice. These areas include family law, personal injury and real estate among many others. Contract and business law are also distinct fields with their own unique set of regulations and statutes. A contract lawyer may focus on one or all areas of contract law, or a specific area such as contract litigation, contract enforcement, contract negotiation, contract review and interpretation and the creation of legally-binding business contracts and agreements.
A contract lawyer in Dallas, TX can offer a number of advantages over those who do not hire one.
Contracts are comprised of several integral elements, including the agreement itself, several different types of clauses and provisions, and the signatures of all parties involved. Contract agreements can be oral or written, or they can be expressed or implied . Expressed contracts are verbal, while implied contracts are not. Common situations where a contract lawyer in Dallas, TX would be necessary include contract disputes, dispute resolution, breach of contract, contract fraud, contract formation, non-compete agreements, construction contracts, employment contracts, waivers, releases, covenants not to compete, business purchase agreements, guarantee agreements, promissory notes, debt collections, security interests, corporate agreements, joint ventures, sales agreements, LLC agreements, leases and real estate contracts. A contract lawyer in Dallas, TX will help to inform you of the specific rules, regulations and statutes which might apply to your particular case. Regardless of how simple or straightforward your contract situation might seem, it should be properly reviewed by a competent attorney prior to signing or being presented with a signed contract.
Characteristics of a Good Contract Lawyer
Experience: Experience is paramount when choosing the right contract lawyer. The lawyer needs to know the ins and outs of the legal process in Dallas, TX. Otherwise, even though you may have a contract, your opponent can manipulate the legal system to their advantage. A contract lawyer in Dallas who has experience in their field is more likely to assist you in negotiating and solidifying your contract and therefore, protect your business. In addition, an experienced contract lawyer may have access to other lawyers specializing in different areas of the law. They can help advise you on complex legal situations.
Expertise in Contract Law: Contract law is the law pertaining to the agreement between multiple people or business entities. The requirements of a valid contract include competency of the parties involved, agreement between the parties, consideration, legality, and capacity. If a contract lawyer doesn’t understand the requirements for a valid contract, then your contract could be voidable. This puts you at risk of losing a significant amount of money. Contract law also varies by state and the different interpretations of the law can affect your position as a company looking to negotiate with other businesses. It’s important to choose a contract lawyer who not only has solid experience but also a thorough understanding of contract law and how it pertains to your business and situation.
Strong Negotiation Skills: When negotiating a contract, both parties are typically looking for a benefit for themselves. However, a good contract attorney will know how to balance the needs of both parties so that no one feels cheated by the contract. This is crucial for keeping good business relationships. Your attorney should also be a strong negotiator when it comes to discussing the terms of the contract to make sure that your best interests are looked after.
Selecting a Contract Lawyer in Dallas, TX
When commencing the process of finding the right contract lawyer in Dallas, there are several vital steps that can help simplify the process. For starters, it is important to be specific when searching for an attorney who handles contract cases. There are many different types of contracts, and you want your attorney to have experience and expertise with your specific needs.
Additionally, take the time to do some research on the lawyers in your area. Find out how long the attorneys have been practicing law, how many contract cases they have handled previously, and what, if any, superlative recognitions they may have received. Most reputable contract lawyers will have a top-tier Avvo and/or Martindale-Hubbell rating. You can request a copy of the lawyer’s CV (curriculum vitae) to further learn about their academic and professional awards, achievements, recognitions and other credentials.
Next, set up an initial meeting with your candidates. Talk to the lawyer and find out what his or her thoughts are about your case, and listen to them to hear what experiences they may have had with cases similar to yours. But first, be sure to allow them to review your initial paperwork beforehand so they have a better familiarity with your case by the time you meet. At the meeting, you will also want to ask questions of your lawyer to get a better understanding of your case. Be sure to inquire about the possible outcomes and what the lawyer believes should be done to help maximize his or her ability to succeed.
Finally, if you happen to have more than one initial meeting, talk to your friends, family members or co-workers about which attorney they recommend. Once you feel comfortable with a lawyer’s abilities, credentials and professionalism, go with the person you think you can trust the most to handle your case, then schedule your first appointment and view your contract and retainer agreement.
Overview of Contract Law in Texas
In Texas, a contract is defined in common law as an agreement made by the voluntary act of two or more parties, upon sufficient consideration, to do or refrain from doing a certain thing.
To be considered valid, a contract requires:
• An offer
• An acceptance
• Consideration
Contract law differs slightly from state to state. Texas’ peculiarities, however, mean nothing when entering into contracts with people from other states. A Dallas resident needs to know the rules for the state in question if they plan on entering into a contract with someone from out of state. Contracts for goods or services valued at over $100,000 must be in writing to be enforceable. In addition, the judge may use his or her discretion to determine how statutes of limitations apply in contract disputes. Parties to a contract are always encouraged to write the contract in simple English. However, Texas law allows parties to contract on any terms, as long as the client clearly conveys their intent and that intent does not violate public policy.
Contracts do not need to be notarized and do not require witnesses. If you are entering into an international contract, make sure you know the laws of the foreign country whose legal system you’ll be entering. The UCC governs the sale of goods, but contracts containing service agreements still fall under Texas’ contract laws. It is a good idea to have a Dallas contract lawyer write your agreements. Your lawyer can then negotiate on your behalf, or, even better, prevent a dispute before it happens by ensuring that the contract contains all relevant details of the agreement between the parties.
Disputes do not need to go to court if the parties and their attorneys take steps to deciding the outcome via alternative dispute resolution (ADR). Mediation or arbitration are two alternatives to lawsuits between parties in a contract dispute. If the parties agree to try mediation, they jointly file a request with the ADR center in the area in which they reside or agreed to perform the contract. If mediation does not resolve the parties’ problems, they can do nothing as long as a party notifies the center. Within 30 days of filing a request, the parties may have a court-filed trial date. Texas law requires the parties to mediate any contract dispute before going to court for a final verdict.
Certain Texas contracts may be unenforceable because they violate laws or public policy. A contract cannot require any party to commit or consent to a crime. Further, certain contracts cannot be required by law sanctioned by the state—for example, an attorney cannot contract to represent a party in a court of law if the attorney is not a member of the state bar. Finally, certain contracts are unenforceable even if they do not require the commission of a crime. These include contracts that are designed to deprive a minor’s inheritance and that require a person to marry an undesirable person.
Common Contract Problems and Solutions
A few common contract disputes and their resolutions come to mind. These include a failure to communicate, hidden terms and conditions, and misrepresentation. You may face questions involving breached terms, fraud, nonperformance, force majeure, impossibility, or violation of warranties.
A failure to communicate arises when the terms of a contract are not properly communicated, leaving one or both parties unclear on the requirements, obligations, or deadlines. In some cases, there is a lack of communication between the parties about changes to terms during the course of a contract performance.
A failure to honor the terms of an existing contract could result in litigation if it causes any monetary damage. An example of that in the Dallas court system would be the complaint of a local contractor proceeding with construction of a visual guide along a Dallas freeway under an altered and unwritten contract, because the client requested it. The contractor would argue that the change request, if made, should have been formalized in an addendum and that their continued work was simply an act of good faith. The client would argue that they were stuck with diminished expectations because the contractor failed to adhere to the written terms. The court would have to determine if there was an agreement based on conduct, in the absence of a formal addendum.
Hidden terms and conditions exist when language may be available but not clearly presented . Sometimes these clauses are buried in a contract or are not highlighted as important. For example, in a complex multi-stage contract between separate contractors, two different parties can claim that a delivery delay was not their fault, and the other contractor was liable for the breaching terms. Both contractors would argue that the delay was outside the bounds of their written contract. Because the contract is complex and has multiple providers, there is no way for either contractor to dispute this without looking up the exact clauses in question.
Misrepresentation is the most complicated. In this instance a contractor will misrepresent the nature of a product or service. Fake liability insurance, misleading delivery dates, or undelivered bonuses are all grounds for claiming misrepresentation. In the case of a software development shop that promises its application will work on all devices and operating systems, only for it to drop out on all tablets, you might be able to get away with a class action lawsuit seeking punitive damages against the contractors.
There are far too many examples of contract disputes that scam lots of money to list in this post. The truth is that it is very easy to get lost in the minutiae of a contract, and this happens much more often than most people know. A skilled contract litigation attorney can help you untangle it.
Fees for Contract Lawyer
The costs involved in hiring a contract lawyer can vary greatly depending on the complexity of the services provided and the fee structure the firm operates under. Most contract lawyers in Dallas charge on an hourly basis, but some may offer flat fee arrangements for more predictable services or cases. On average, you can expect to pay $150 to $500 per hour for most contract lawyers, though this can vary depending on the reputation and experience of the attorney.
Invoices may be based on retainer agreements, which require partial payment upfront at the beginning of the representation. In the event that the retainer amount is exhausted, the client will then be billed for additional hours as needed. Clients should be aware of how often they have to pay invoices and what procedures are in place for when invoices become overdue. Likewise, clients should clearly understand their responsibilities with regard to costs associated with their case and what to expect. A Dallas contract attorney should be willing to listen and address questions about their billing practices upfront.
Where to Go for Contract Lawyers in Dallas
The State Bar of Texas maintains a directory of its practicing attorneys. Through the Dallas Bar Association, the state bar lists additional resources for finding specific types of lawyers, including contract attorneys. With over 10,000 members, the Dallas Bar Association serves the community of Dallas attorneys, many of whom come from highly respected law firms around the country. It regularly produces resources for both those seeking legal services and those practicing law in Dallas. Another resource is the Legal Aid of NorthWest Texas. LAWNWT provides free legal services to people with low income in more than 100 counties. They will determine if you qualify for legal aid and if so , help you with your legal case. The North Texas Lawyer Referral Service is another resource. The NLRS does not provide free legal services to clients; however, they will connect you with a lawyer who is ethical and experienced. The lawyer will charge you based on his or her regular fees. The cost will vary based on the complexity of your case and the number of sessions you require. If you need contract legal services in Dallas, TX, research your options. Look at large law firms, local bar association sites, legal aid, and specialized directories.