, Why would anyone agree to a contract and not at least have an agreement duly drafted to protect his interest?...

like, Why would anyone sit at a negotiation table and not have a lawyer with him?

Why would anyone sign a contract without getting an expert to help review the terms and conditions of the contract to ensure that there are no hidden unconscionable terms?

These were the questions I asked myself as I listened to the lamentations of my would-be client who unfortunately got involved in a contract that went sour.

As I pondered on these questions it became clear that most people enter into contracts with little or no bargaining power and this is due to a lot of reasons.

Most contractors actually feel like they have been done a favour. So, they do not feel entitled and so in their pitiful state, they forget to do the needful by asking for things to be documented.

They rush into contracts and agree to all terms and conditions without necessarily reading through the contract terms or getting someone to review them.

In the worst case, they orally agree and then begin to execute without writing down one thing regarding their Agreement…

They totally commit to contracts without legally protecting themselves.

In this newsletter, I am going to share with you one thing you can do to protect yourself when you do not have the upper hand in the contract and even if you do not have a lawyer.

As soon as you get instructed or get the contract especially if all the negotiations were done orally, just before you begin to execute send a "Letter of confirmation of Oral instruction" to your client.

The content of the letter should contain all the instructions as regards the contract and your duties and obligations under the contract.

It is a simple letter so you may decide to have an attachment that contains all the other information so that the letter stands alone.

This is where the negotiations and eventual contract was entered into orally or verbally.

Where the instruction is written and you have been awarded the contract as the case may be, still send a letter asking the client to confirm the prior written instructions.

 At this point, there is no need to attach all the details of the contract.

Please note that this letter has to be sent via email and a reply of confirmation with further instructions to go ahead.

If you now want to take it a bit further then send the letter physically and have them sign the acknowledgment copy.

Once you do this simple thing, it would be on record that there was an understanding between you and the other party.

This goes ahead to give you some protection on the deal.

However, if you now want to be fully legally protected then you will need to hire a lawyer to prepare a full-fledged Agreement for you or help you review that contract before you sign anything.

The truth is that it is your responsibility to protect yourself whenever you are dealing with anyone whether in business or in life however you choose to do that is entirely up to you.

That is the smart thing to do.

If you need help with review or drafting of your contract, reply this email and we would take it up from there.

Cheers to your #legalsense.