Drafting Commercial Contracts - Need help.

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  1. #1

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    Drafting Commercial Contracts - Need help.

    Hi, we need help drafting new commercial contracts as well as revising some existing contracts that we have.

    We tried to do it ourselves - but we need more professional help.

    Should we go through a lawyer? Or will a good paralegal with sharp writing skills be good enough?

    Any advice and recommendations appreciated.


  2. #2

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    Lawyers

    You need a good Lawyer, to protect your interests. It will be costly.

    Quote Originally Posted by lionrock88:
    Hi, we need help drafting new commercial contracts as well as revising some existing contracts that we have.

    We tried to do it ourselves - but we need more professional help.

    Should we go through a lawyer? Or will a good paralegal with sharp writing skills be good enough?

    Any advice and recommendations appreciated.

  3. #3

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    The extent to which you need an ex pensive lawyer does depend to a degree on tie complexity of the Contracts. A good paralegaI or junior laywer may be ok for simple stuff or low value. What are these?

    Sent from my GT-N7000 using GeoClicks Mobile


  4. #4

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    We have an IT contracting and Contingent Workforce Management business. We want to draft a new set of terms and conditions covering pricing terms, risk/liability terms etc. on the client side, and employment terms on the candidate side.

    Previously, we would "merge together" clauses from various contracts that we obtained from other parties but over time, it's become convoluted and inconsistent in style and who knows, what important issues I've overlooked.

    The contracts are not overly complicated. We also want to keep the language and terms as simple and easy to read as possible. Excessive legalese tends to turn our clients off and makes it harder to sign them up.


  5. #5

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    Hi, could you PM me?

    I can put you in touch with a decent local law firm. At the very least you could have a quick chat with them to get an idea of their ballpark fees, and then you can take it from there.


  6. #6

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    Hi Pin, I have PMed you. Thank you.


  7. #7

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    Lionrock88, I'm a lawyer (although not working at the moment just moved to HK with my husband). Been practicing for 10 years, 5 in US and 5+ in Shanghai. My advice is that you should hire a lawyer. I come across people trying do their own contract all the time and frankly with all due respect, people who are not lawyers don't know what they're doing when they draft their own contracts. Just because you read a contract clause to say something doesn't mean you necessarily understand the legal meaning or legal consequences of certain contract provisions. You can't spot issues related to your transaction and so you can't draft additional clauses needed. Even if you spot it you don't know the proper language that should go in to cover the issue. If you merge clauses from different contracts you may end up with conflicting rights and legal concepts, and you won't be able to see that. Paralegals are not lawyers. There are certainly exceptionally specialized ones out there but if they're that good, then they tend to be specialists in a specific field, like trademark filings, real estate, etc. There is no generalist paralegal who can substitute for a lawyer for drafting general commercial contracts.

    There's a reason why people hire lawyers. If anyone can do what we do, we wouldn't have to pay tens of thousands of dollars for law school tuition and all the years of hard work training on the job. But if you don't have the funding to pay for legal fees that you just have to risk it. But if things go wrong you'll have to deal with the result and losses.

    Good luck.

    Last edited by Alexa C; 08-08-2012 at 04:32 PM.