Legal Contracts: Why Are They Usually So Hard to Understand?
Even before law school, you may have wondered why legal documents must be so ridiculously difficult to read; after all, the idea behind a contract or any other document being signed by one or more parties is to make sure that everyone is apprised of exactly what is included in the deal or agreement, and that they support every word which was clearly understood, motivating them to authorize permission with their personal signature.
Legalise is not hard to come by in written documents. You may have been exposed to it numerous times over the years in a variety of different agreements—perhaps as you signed on for a new credit card or took out a mortgage or rental agreement for your home. Perhaps you signed a business partnership, an independent contractor agreement, or other documents.
As a lawyer, however you will not only be responsible for reading such documents and advising your clients in the future, but you will have to prepare them also. You may be the author of these documents one day! And remember, there is no reason to perpetuate legalese. As long as everything included in the deal is by the law, and your client and other parties signing clearly understand what is happening, you have completed your job (and you have done everyone involved a tremendous favor by allowing them to understand what was said).
To write a good legal document, you should interview everyone involved to know exactly what they want, and what their goal is with a contract, or agreement. Try to keep everything as simple as possible and translate that into your document. All parties must be identified correctly, and all the details must be comprehensively explained. If there are any payments involved, those should be included with any pertinent timeframes and amounts, along with any other details that cause the termination of the agreement.
If you are writing a contract or an agreement for a business partnership, always suggest they include a dispute resolution clause. This is critical from the outset of a partnership as it allows everyone involved to basically decide how they would argue later—all organized in a civil manner during a time in which they were still getting along. The dispute resolution clause should be clearly stated so everyone understands what method of resolution would be used, whether litigation, arbitration, or mediation, where the proceedings would be held, and who would pay any attorneys’ fees.
Are you interested in becoming a skilled legal writer and trial attorney? Our mission at CDTA College of Law is to educate, train, and develop extraordinary legal advocates. Your legal education will be comprised of bar-tested academic subjects, skills training, and values reinforcement. Upon completion of your 4-year course of study you will be fully qualified to take and pass the California Bar examination. Call us today at (760) 342-0900 or find out more online here.