Are you bound to a business document you did not read
With a few exceptions, generally yes, you are bound to a business document you signed even if you did not read it. Sophisticated businesspeople do not gamble on the exceptions. They consult with a good business attorney to ensure that their rights and interests are adequately protected. Doing so helps them to fully understand the terms so they can make the business decision of whether or not to sign the document.
What makes up a contract
Under Florida law, contracts are ordinarily required to have three legs on which they stand. They must contain an offer, must be accepted, and importantly must have consideration. Not all contracts have to be written, but without a writing trying to later prove what was agreed, like the terms and the performance by each party, may prove very difficult. So, the simple solution is just to have written agreements preferably prepared by your business lawyer.
Can I write a business contract without a lawyer
Business contracts do not have to be formal, lengthy writings with arcane legal terms. Any writing that defines the parties rights and obligations can be considered a contract, even an e-mail exchange. But unless you have the knowledge of an experienced business lawyer, trying to do it yourself may lead to very expensive and complex problems later. Further, getting advice from a business or contract attorney provides objective advice that can result in a better and stronger agreement and even reduce the costs of a future disagreement.
Occasionally the question arises whether you can obtain important business documents like contracts, operating or partnership agreements, non-competes, and non-disclosure agreements from another professional like your CPA or accountant. Unless that person is also an experienced business attorney, the answer is no because that party lacks the experience and understanding necessary to properly draft those important documents. While they may have good intentions and it may seem reasonable to cheaply obtain important business documents from another professional like a CPA that assists your business, the problems that this can cause may become insurmountable and can even lead to the demise of your business.
Occasionally the question arises whether you can obtain important business documents like contracts, operating or partnership agreements, non-competes, and non-disclosure agreements from another professional like your CPA or accountant. Unless that person is also an experienced business attorney, the answer is no because that party lacks the experience and understanding necessary to properly draft those important documents. While they may have good intentions and it may seem reasonable to cheaply obtain important business documents from another professional like a CPA that assists your business, the problems that this can cause may become insurmountable and can even lead to the demise of your business.
Do I have to hire a lawyer to draft my contracts
In Florida, people involved in business enterprises are deemed to be sophisticated individuals. Because of this, it is prudent for any business to have it attorney review proposed agreements as part of the due diligence process in any transaction. Also, by so doing, managers, officers, and directors of the business can insulate themselves from claims of malfeasance by the members or shareholders.
Written by expert business lawyer David Steinfeld
David Steinfeld is one of the few Board Certified business law experts in Florida. He has been licensed for over 25 years. He is AV-Preeminent rated, ranked as one of the Best Lawyers in America by U.S. News and World Report, and consistently named a Florida Super Lawyer and one of Florida’s Legal Elite. Dave has also received Martindale’s prestigious Judicial Edition Award for high reviews by Judges, its Platinum Client Champion Award and has a 10.0-Superb rating on AVVO as well as a 10.0 rating on Justia, lawyer reviews websites.
Check out business lawyer David Steinfeld online for helpful videos and articles on Florida business law, real estate disputes, and electronic discovery solutions for your business. This article is provided for informational purposes only.
Check out business lawyer David Steinfeld online for helpful videos and articles on Florida business law, real estate disputes, and electronic discovery solutions for your business. This article is provided for informational purposes only.