The Function of a Texas Contract Lawyer
A Texas contract lawyer wears many hats in the course of his or her professional life. Lawyers who specialize in contracts are experts in the formation of agreements and the legal interpretation of contract matters, which may include simple and complicated agreements, oral agreements, and partnership agreements. If a contract dispute goes to court, the lawyer will represent you before a judge and jury. Should it become necessary to negotiate an outcome to avoid litigation, your attorney is also skilled in negotiating settlements with the other party.
Contract lawyers can draft contracts, including: Contract lawyers also assist clients in the interpretation of contractual obligations . For example, if you cannot understand the terms of your contract, a contract lawyer will explain them to you patiently. You can also request a review and evaluation of an agreement by a contract lawyer, such as a distribution agreement, franchise agreement, merger agreement, and more. An agreement may be written on a very one-sided basis, favoring the drafter and requiring modification or negotiation.
Some examples of businesses or individuals who use contract lawyers: This list is not exhaustive. If you are ever uncertain whether you need to involve a contract lawyer in a business matter, ask an experienced contract lawyer for a consultation.
Reasons to Work with a Contract Attorney in Texas
As a Texas contract lawyer, I often hear from clients that they do not hire a contract lawyer because they do not believe they need one. Such sentiment, while common, is dangerous. The fundamental issue that many business owners and employees have is that they all too often presume that their contract with the other party is similar to the contract that they used for their prior agreement. While the current agreement at issue may indeed be similar to the prior agreement, it is very often not identical and may have terms and conditions that are not favorable for the parties involved. For example, the agreement may have a payment schedule that is unreasonable for one of the parties to meet. The parties may carry on the business transaction despite this unsatisfactory feeling that one party has. When that dissatisfaction shows itself as emotional distress, it is often too late to correct the issue (and the remedy may well involve litigation). By hiring a contract lawyer from the outset to review the contract before it is signed, all of the parties can be protected and can avoid many of the issues that people commonly overlook with the signing of a contract. In short, a contract lawyer can help protect you and your business.
Frequent Contract Disputes in Texas
In Texas, as in all other states, common contract problems may include: Breach of contract is one of the most prevalent contract problems. A breach of contract is when a party fails to perform a duty owed to another party under the terms of a contract. Contract disputes are common problems in which parties have differing or conflicting interpretations of the terms of the contract. In a contract dispute, one or both parties are refusing to uphold their duties under the contract. Misunderstandings often occur in a contract with poorly written terms or ambiguous language that can be misinterpreted or misunderstood. Many parties don’t realize they must honor an oral contract, as well. The legal difficulties of enforcing or upholding a contract due to other factors, such as fraud, duress or undue influence.
Finding a Capable Texas Contract Attorney
A Texas contract lawyer has a multitude of duties to fulfill. Generally speaking, it’s the contract attorney’s responsibility to provide representation to their clients on most contract-related matters and issues. However, what exactly does this mean? While there are some instances in which working with a contract lawyer may not be necessary, there are countless cases in which the help of a Texas contract attorney is required.
Some of the more common contract issues that a contract attorney can help with are:
When it comes time to hire a contract law attorney, there are a number of factors you should consider, including education, experience, and quality of service. Getting a clear understanding of what it takes for a Texas contract lawyer to be successful out in the field will ultimately help you find the best lawyer for you.
The question is, what does it take? A qualified Texas contract lawyer will likely have received a wealth of legal education and training, as they’ll need in-depth knowledge to be able to handle a wide variety of contract cases. One of the best ways to find out whether your prospective contract lawyer is qualified is by checking their credentials. Doing your research will reveal whether they hold any board certifications as a licensed contract attorney, and you can also check their bar history to determine whether or not they’re licensed to practice in the state of Texas .
As a general rule of thumb, every contract attorney in Texas has a different level of experience when it comes to handling contract cases. In some cases, the number of years spent practicing is the best way to evaluate their experience, while in other cases, the types of cases and tasks they’ve handled is the most reliable indicator of experience.
Beyond the amount of experience in a specific field of law, you’ll also want to consider whether or not your Texas contract attorney has the right background necessary to handle your case. For instance, if your legal needs are of a corporate variety, you may benefit from an attorney who holds an MBA or other business-related degrees. Likewise, if your case is personal in nature, you may be better off with an attorney who has prior experience handling similar personal cases.
If you need a Texas contract lawyer, you’ll want to know whether they’ve handled other cases similar to yours, and whether they were successful in those cases. In addition to asking current and potential contract lawyer candidates about their prior cases, it’s also a good idea to look for client testimonials and online reviews. For the latest information on reputable contract lawyers in Texas, browse around our blog or get in touch with us directly.
Understanding Texas Contract Law
When you’re looking to draft, renegotiate or defend a contract in Texas, it helps to have local knowledge not only of the law but the business norms that surround it. For example, unlike some other states, Texas is not a Uniform Commercial Code state, meaning that the UCC does not encompass Texas transactions. Understanding what local statutes might change in terms of formulation, enforcement or liability can directly impact how you draft the contract.
In Texas, the doctrine of caveat emptor is in full effect, meaning that once a contract is signed, there’s a presumption that both parties read the contract. Any breach of contract claim is going to be examined with that in mind: Did you read the contract? Do you know what the contract said? Do you have any actual basis for the claim?
Because Texas is not a UCC state, negotiators need to stay aware of peculiarities in Texas law that might impact a contract. While Texas recognizes fiduciary duties for insurer-insured relationships, that does not extend to insurer-insured relationships in the context of an insurance contract. Therefore, if a regulatory agency issues a resolution that impacts a specified contract, both Texas and the other party must comply with that resolution and adjust the contract accordingly.
A commercial contract in Texas may or may not have a defined term. The term refers to how long the contract is good for, but also outlines how the agreement will be modified over time. If a contract stipulates that it will last for a specific period but does not mention what will happen after that, it is possible that the contract will transition into a month-to-month agreement. Similar practices refer to how non-compete contracts can be modified based on how long the individual was expected to work the agreement.
A Texas contract lawyer helps navigate the complex client-side issues surrounding contract negotiation and enforcement. A dedicated professional with experience in Texas law can work with you to protect your interests and ensure that your business succeeds in the field of contract law.
The Expense of a Texas Contract Attorney
A Texas contract lawyer can charge on an hourly basis or as a flat fee. The best way to manage this is to set expectations up front.
A Texas contract lawyer’s hourly rate can vary greatly depending on the size of the firm, the complexity of the matter being handled, and the amount of work entailed. Corporate lawyers for larger companies such as Microsoft will likely be higher than your standard contract lawyer as you might imagine. Many smaller legal firms charge between $180 per hour and $350 per hour, while a Texas contract lawyer operating their own practice will often generate their income by charging a flat fee for certain types of legal work. In many cases, the type of contract being drafted or reviewed will influence the cost of hiring a contract lawyer.
As with almost any type of professional service, experience and expertise come at a premium . A Texas contract lawyer that has been practicing law for above average number of years will often charge more for their services. Although this is a natural side effect of being in demand and possibly very good at what they do, it may keep experienced lawyers out of the reach of small business clients.
Other fee structures are generally more complex, and depend on the length and scope of the contract in question. Even simple "standard with modifications" contracts can be relatively expensive, while more complex, custom contracts can be in the thousands of dollars at some firms. The costs associated with custom contracts are often exorbitant in the larger law firms, but are often much lower at smaller firms and private practices. This is one area where a little shopping around can go a long way.