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Contracts: A lawyer should be your tailor - Law Savvy
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Contracts: A lawyer should be your tailor

You can buy a business suit or a contract ‘off the rack’ to save a few bucks and hope for the best.

However, if you are going to spend money on a suit or a contract, especially for regular use, you don’t want to walk around feeling like it isn’t a perfect fit. Or, even worse, have someone (like the person or counterparty you are trying to impress) point it out!

If you want to feel comfortable and confident in a suit while you walk around, then you invest in a hiring a tailor. If you want to feel comfortable and confident in the contract you are pushing and relying on to govern your business relationships, then you invest in hiring a lawyer.

Like a good tailor does with a suit, a good lawyer drafts a contract to fit the subject matter.

The reasons for getting a tailored suit or contract are somewhat similar, as is the process (and, yes, it is a collaborative one!):

Step 1: Measuring the subject matter up.

This is a vital step that both the client and tailor or lawyer must invest time in. Getting the measurements/context wrong can mean the end product can be unknowingly flawed from the beginning. This is a key issue with simply picking something ‘off the rack’.

The client is also responsible for instructing the tailor as to what style and fabric they decide to use. Likewise, the client is responsible for instructing the lawyer as to its business decisions that will influence the contract.

Step 2: Pinning the suit / Creating an initial draft of a contract.

Using the measurements, the tailor must make and pin the suit so its fit can be tested. A contract must be initially drafted and reviewed by the client for ‘fit’ to ensure it matches the client’s business model and the context in which the client wishes to use it for.

In both instances, some back and forth is required and client engagement, cooperation and feedback are key. It is extremely important that the client makes the tailor or lawyer aware if something does not fit.  

Step 3: Sewing and cutting excess fabric / Finalizing the contract.

The suit and contract must be finally tweaked, and excess (fabric or contractual language) must be removed to put it in its final form.

Step 4: Real world testing.

There is no better test for a suit or a contract than utilizing it within the real-world environment it was intended for.

During the life of the suit or contract, slight wrinkles may appear and further adjustments by a professional may need to be made to iron them out.