Over the years, Mr. Hartman has drafted many different types of agreements some being one-of-a-kind, highly customized agreements. Examples have included distribution agreements, employment agreements, independent contractor agreements, software development agreements, non-disclosure agreements, intellectual property licensing agreements, business purchase and sale agreements, lease agreements, real property purchase agreements, secured and unsecured loan agreements, supply agreements, manufacturing agreements, releases, and personal service agreements.
The business world is largely controlled by agreements that start as soon as a new business is formed and the need continues throughout the life of the business. The terms “agreements” and “contracts” are interchangeable. Agreements can be oral or written, although some types of agreements must be in writing to be enforceable. An obvious disadvantage of oral agreements is the tendency of the parties to remember the important elements of the agreement differently if those elements were discussed and agreed upon at all. A skilled business attorney can alert you to the many elements that need to be considered and the many subjects that need to be addressed in the particular agreement you need to have written. This is an area where there is no substitute for experience. Even if another party arranges to have the proposed agreement drafted, you need your own counsel to review it and suggest any needed additions or changes. Not only do such matters as the conditions precedent to any required performance and a description of the rights and duties of each party need to be addressed, but the matter of remedies for the injured party in the event of a breach of contract by the other party needs to be addressed.
A skilled contract attorney knows what elements are required to make an agreement enforceable. He will be articulate, a good communicator with a facility for language, and will also be willing to learn enough about your business to understand its unique terminology and procedures, and to be able to anticipate and address possible problem areas before they arise. There are often some intangible elements that need to be taken into consideration in deciding whether to enter into a contract with another party, and a business attorney can help you consider and place appropriate weight on those elements. Agreements offer an opportunity to practice “preventive law,” which is far less expensive than waiting until a problem or claim arises, perhaps in the form of a lawsuit, and then attempting to resolve it. If, however, business litigation proves to be necessary, Mr. Hartman can represent you in such litigation matters as well as transactional matters.