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Contracts

2. How a Lawyer Can Help

Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 19 Jul 2015

T2. How a Lawyer Can Helphe more complicated a contract is the more likely you will need a lawyer to make sure the contract correctly reflects the bargain that you have made and your expectations of the transaction. Getting the contract right at the start helps minimise problems that may arise later on which could be both time consuming and costly.

If the other party is using a lawyer it is a good idea for you to have your own lawyer who can protect your rights when negotiating and writing up the contract. Even if you don’t want to involve lawyers in the bargaining process you should each take the written agreement to a different lawyer to get independent legal advice. This allows you to check that the agreement you have written down says what you want it to say and can be understood by the court if you need to enforce it. A lawyer can also help advise you on whether your agreement is legal.

You may be dealing with a person that is trying to drive a hard bargain. A lawyer who is a skilled negotiator would be a valuable person to have on your side.

Just because a contract had already been signed does not mean that a lawyer will no longer be useful. If you are having doubts about the contract you signed you could have a lawyer review it for you. A lawyer can advise you on any amendments that can set out the rights and obligations of the parties more clearly and correct any drafting flaws in the contract.

Other situations where it would be useful to speak to a lawyer are when things do not work out with the contract or you are being sued under the contract. A lawyer can advise you of:

  • what your rights and obligations under the contract are;
  • what your options are; and
  • the best way to proceed.

If the circumstances require you to go to court there are certain rules and procedures that need to be followed. A lawyer can guide you through this process and represent you in court. 

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