Author: Tricia Bigelow

Tricia A Bigelow

The Art of Contract Drafting: Essential Tips for Creating Airtight Agreements

Tricia Bigelow Attorney

Contracts drive daily life, whether it’s signing on to a full-time job, a prenuptial agreement, or securing a mortgage.

It’s also an art form. Contracts demand a deft touch, whether one is the seller or buyer, to maintain airtight terms. A comprehensive and clear contract accurately addresses needs and intentions while lowering the risk of litigation and protecting assets.

Tricia A. Bigelow notes that one does not need to be a businessperson or a lawyer to master the art of contract drafting. And, while it may be tempting to attempt contract creation without legal assistance, hiring an attorney brings a level of expertise and precision that is invaluable.

Language Choices

Even contracts that are dozens of pages can make their purpose clear and easy to understand with language that is concise and simple, avoiding the pitfall or overcomplicating the contract terms. Word choice should be straightforward and specific, never too vague or maddingly ambiguous.

The general role of thumb: The vagueness of a contract usually correlates with the chance of disputes down the road.

One word potentially makes a big difference. For example, the word “shall” needs to be used to describe a party’s obligation, so the word “party” should always go before the word “shall.” Using the word “will” does not reflect a party obligation but rather establishes the consequences of events in the future.

Details, Please

Comprehensively outlining terms, clauses and even the meaning of some words makes or breaks a good contract. Producing a checklist of goals before reviewing and signing a contract is a good way to make sure an important contract element isn’t overlooked to mitigate risk. There should also be consistency in the details, especially when it outlines a company’s policies.

A few details that are commonly overlooked are any warranties involved, provisions that address non-disclosure or confidentiality, termination conditions, and the preferred payment terms.

Accessible Formatting

The way a contract is formatted holds just as much importance as its content. Having effective and digestible contract sections and subsections further sharpens the clarity of the document and shortening the length of sections makes for a contact that is less likely to feel like a burden to read.

Even the simple act of breaking down a section into two or three subsections greatly increases accessibility and makes it easier to remember the terms.

Assessing Risk

Nearly every contract comes with a few risks, so analyzing risk in advance is a key tool to avoid big issues. When risk areas are identified, they can be addressed in separate contract sections or in notable clauses to protect each party’s interests or an alignment of interests.

To help with any potential issues, a section outlining agreed-upon mechanisms for dispute resolution can be integrated.

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Use a Contract Drafter

For complicated deals of large scope, using a professional contract drafter may be the safest bet to make sure a contract includes everything it needs to. Contract drafters know just how to lower the chance of financial risks while upping a contract’s overall effectiveness.

Parties can collaborate with contract drafters to further hone the wording needed to hit outcomes considered optimal for both sides.

Conclusion

In essence, hiring an attorney for contract drafting is an investment in legal security and peace of mind. It ensures that agreements are legally sound, tailored to a person’s specific needs, and provide comprehensive protection. While it may incur an initial cost, the long-term benefits far outweigh any potential savings from a DIY approach. When it comes to creating airtight agreements, the expertise of an attorney is an indispensable asset.

Legal Tech: Revolutionizing the Practice of Law in the Digital Age

Tricia A Bigelow

Rapid technological development has impacted personal and professional lives around the world. Likewise, such advancements have transformed the legal field, aiding and streamlining lawyers’ mundane tasks, giving them time to focus on more pressing matters.

Analysts estimate that legal tech can save 23% of lawyers’ time through automation, freeing two hours of their ten-hour-working-day schedule. From court filing efficiencies to smart contracts to CRM tools to AI predictions, national and international law firms are feeling the positive effects of the technological revolution.

Tricia A. Bigelow says that in a field that requires exceptional accuracy, the digital age and its plethora of innovative tools is working wonders.

Court Filing Automation

Automating the processing of NEFs or ECFs (i.e., Notice of Electronic Filings) is one of the most immediately impactful tools, as the entire flow is handed over to algorithms — accessing/downloading filed documents, storing them in the relevant places, and distributing copies to those who require them.

As of September 2023, a myriad of services exist in the space to boost staff efficiency, reduce delay-caused risks, eliminate errors, and offer visibility in an otherwise tricky-to-manage process. According to one law firm who recently processed their 100,000th court notice, automation saved 13,500 staff hours.

AI Predictions

A report from the University of Oxford mentioned AI-assisted technology has also enhanced legal operations. Not only is it used in contract creation/review, but it’s recently started offering incredible insights that increase firm profitability and productivity.

While they aren’t fully developed yet, AI-led advisory chatbots and outcome prediction tools could change the way lawyers advise clients on a daily basis when completely up and running. The limitations of which are unfounded.

Courtroom-based AI is also in the works, boasting the potential to radically transform a field that’s otherwise stayed relatively stagnant. Teams from the University College London, University of Sheffield and Pennsylvania programmed a system that correct predicted 584 case outcomes heard by the European Court of Human Rights, displaying a 79% accuracy rate.

Tricia Bigelow Attorney

Smart Contracts

Smart contracts using software such as Contract Express and blockchain tech automate the contract drafting process, saving time for contracting parties and lawyers. Couple that with AI-powered reviewing technologies and the productivity enhancements are innumerable.

Customer Relationship Management (CRM)

Law firms aren’t successful without their clients. Thus, customer acquisition and satisfaction are the core values of such businesses — objectives that have become easier to achieve with the introduction of CRM tools.

Such software automates the major parts of acquisition like marketing, sales, and customer service. But it doesn’t stop there. Once clients are onboarded, the centralized database streamlines communication between lawyers and customers to ensure satisfaction.

eDiscovery

eDiscovery is the method of identifying, procuring, and producing ESI (or electronically stored information) in a litigation. The software offers search engines that eradicate the monotony of information management and legal research. With the right tools, lawyers can guarantee security (thanks to the auto-redaction features that comply with privacy laws) and content ingenuity of the discovered papers and documents.

Understanding Legal Ethics: The Code Of Conduct For Lawyers And Law Firms

Tricia Bigelow Attorney

Ethical standards are a necessary component of a functional society, and they become even more important in the legal profession.

This can be broken down into three main categories. Ethical considerations must be made for the client-attorney relationship, while providing services to non-client individuals, and for the purpose of upholding the integrity of the entire legal profession.

Below, Tricia Bigelow Attorney explores the intricacies of the ethical mandates that characterize each category.

Ethics In the Legal Profession

Society relies on the upholding of justice and faith in the legal system. The ethics of the legal profession is therefore extremely important no matter what area of law is being practiced. Every lawyer must follow a strict code of conduct in order to maintain their professional standing and protect the rights of their clients.

Attorney-Client Relationship

The relationship between a lawyer and their client is the foundation of all legal proceedings and must be protected by strict ethical considerations. A client must be able to trust their lawyer to protect their rights, proceed with their case in the most fitting and timely manner, and protect their privacy. The professional standards that uphold this area of ethical practice are as follows:

  1. A lawyer must not disclose a client’s information to anybody
  2. A lawyer must not share details about their client with anybody
  3. A lawyer must never proceed with a case when a conflict of interest is present; the client has a right to unbiased loyalty
  4. A lawyer must not mislead their client about the expected outcome of their case
  5. A client must be the sole determinant of the goals of the case; the lawyer should only offer expertise and guidance

Non-Client Relationships

While the relationship between a client and attorney should always be a first priority, lawyers have an ethical obligation to non-client individuals as well. A code of conduct in this area will include:

  1. A lawyer must always tell the truth when speaking to a non-client individual
  2. If an individual has hired a lawyer, no other lawyer is permitted to contact that individual directly
  3. If an individual has not hired a lawyer, all lawyers communicating with them must indicate that they are representing a client and are not an uninvolved third party
  4. If an individual has a conflict of interest with a lawyer’s client, the lawyer cannot provide legal advice to that individual
  5. A lawyer must never act in a way that only embarrasses, burdens, or violate the rights of a third party
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Profession Integrity

Lawyers will be held to higher standards than professionals in most other fields, as they are directly responsible for protecting and upholding the law and individual rights. A lawyer can be penalized or banned from practicing law if they:

  1. Commit a felony or misdemeanor offense
  2. Provide false information about an electoral candidate
  3. Lying directly or through omission of the truth

In addition to this, it is every lawyer’s ethical obligation to report any inappropriate conduct of other legal professionals.

Wrapping Up

Ethics are an integral component of professional conduct standards in the legal field. When ethical guidelines are followed, a law firm can uphold the law, ensure justice is served, and improve the reputation of the profession.