In today's world, it is not possible to avoid systematic handling of contracts, legal agreements, documents and other legal instruments, especially when you are a small business. When writing something about creating a commitment or agreement between two or more individuals or businesses, our main concern is that it is legally enforceable if any party to the agreement fails to meet the contractual terms. Another important aspect is that the relevant terms and conditions must be written. Before deciding whether to create an autonomous agreement; use a legal form; or give a lawyer, we want to make sure that the final result is legally enforceable and enforceable
For all of us who are not lawyers, giving a simple answer to the most basic legal question can be as difficult as it could be. Sometimes it seems like some kind of conspiracy to make our basic legal needs simpler and cheaper so that we can keep our legal dollars on more complicated matters. So we want to know how to legally protect ourselves in the most cost-effective way possible. So, what makes the legal agreement valid and enforceable?
It sounds like a pretty easy question, right? Bad! My relationship with the legal community began when I was still in the dormitory and worked part-time as a judge who did a title job. Although I did take some paralegal courses, I received a hands-on training from a junior lawyer and an experienced paralegal at the company I worked on. The quality of my training differed significantly from who did the training. When I asked the lawyer, I got long lectures but little direct response. For meaningful workout, my time was much better with Anita, the paralegal, who always answered my questions to be able to do my job.
In the decades since my paralegal work, I have counted numerous lawyers in both business and personal affairs. From time to time, over the years, I have tried to hire a variety of lawyers to make a straightforward, forward-looking answer to all these important questions – what makes it legal and enforceable? I do not know lawyers take such a secret oath as magicians to never show the secrets of their profession or some other objectionable cause, but all my answers reminded me of the non-answers I've received from my young lawyer from my paralegal. So until recently, when I met a very prestigious and newly retired lawyer who was specializing in contract law. He shared with me the following:
- If three written agreements (a) are jointly filed by the United States Supreme Court, (b) a pre-established form, and (c) could not declare any of them valid and executable. He explained that only the courts have the legal capacity to declare all or part of an agreement legally valid and enforceable. In addition, courts may only take part if a party or a legal entity with legal personality lawfully invokes an agreement (which the court also decides). If no one challenges an agreement and each party adheres to the terms and conditions, the topic is irrelevant.
- No matter who creates a legal agreement, for whatever reason it can be challenged at any time.
- "plainspoken" and clearly wrote the document, no matter who created it, the more likely it is that courts will maintain the terms if they are questioned
The point is that paying your lawyers to draft simple contracts and agreements is not a silver bullet, and the premium you pay does not guarantee that it is "legally valid and enforceable" if you are attacked. Now that I understand the issues involved, I have been more willing to use pre-made forms. I am even more likely to create my own simple agreements and permissions when the circumstances are right. There are many alternatives to consider when deciding what approach should be taken to meet legal requirements. Take the time to consider the various tools available before deciding which solution best suits your circumstances and your budget.
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