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Unless you've lived under a rock, you’ve heard how important communication is. Some of us have had disputes with friends, colleagues or partners that resulted in frayed or damaged relationships as a result of poor or miscommunication. Similarly, the same types of miscommunications can result in a breach of contract. This is because although we often speak about effective communication, we often let our emotions and egos get in the way of it, preventing us from addressing the other side’s concerns. From a business standpoint, if you have a contract, whether with a customer, vendor, or whoever, it is important to have procedures in place to deal with that other party. For example, a business may have a contract with a client, but scope of work has changed and now they need to charge more for their services. The problem is that they didn’t effectively communicate this to the other side, resulting in a dispute over the invoice. In this case, it would have been in the business’s best interest to have had clear procedures for modifications of the contract. This type of dispute happens a lot and although the problem is a legal one the solution is a human one of simply saying, “we need to charge more because things are now different, here’s why we’d like for you in writing to approve this and why it’s so important.” But when people feel blindsided, it’s no longer about money or ...

Before we get ahead of ourselves, let's start off by saying contract loopholes don't exist. When people talk to a lawyer about "loopholes," they're usually talking about an obligation that they want to get out of without being sued for breach of contract. People use the word "loophole" to signify that if there's enough room to read a term a certain way, then you can get out of an obligation. But that's just not reality. The reality is that if there are unclear terms in a contract you are setting yourself up for a lawsuit. One side may see a loophole while the other sees an obligation. So what is the best approach to avoid being sued before even having to search for "loopholes?"

Contract Negotiation

People are way too quick to sign contracts. They want to get the deal done as soon as possible, so they think to themselves, "I can read this myself, how hard can it be?" or "I really just want to close this sale." But there are so many contract principles that apply that the only way to create a language that can support your ability to avoid an obligation is in the initial negotiation phase. In the negotiation phase, we can negotiate terms such as condition precedents, contingencies, warranties, representations, and clear termination clauses that can get you out of the contract in certain situations. Once the contract is signed by both parties there ...

In order to understand if a contract is valid we must first understand the laws that govern contracts. There are three different types of laws that govern contracts: common law, the Uniform Commercial Code, and other miscellaneous statutes that apply to particular situations.

• Common law is the compilation of caselaw that has been formed over the years. In order to understand these laws, you have to review what the courts have ruled in specific situations. This type of law is ever-changing as long as courts are ruling on those different situations.
• Uniform Commercial Code (UCC) is the law that is specific to goods for the sale of $500 or more and usually governs the transactions between merchants.
• Other miscellaneous laws are simply other statutes that are more regulatory to cover a specific issue. One example is the law regulating contracts and how contracts can and cannot automatically renew for consumers. Another example is the Statute of Frauds that requires certain contracts to be in writing, which governs contracts that have a term of more than a year, or involve the sale of goods for more than $500, or contracts involving real estate.

So if you are entering into a contract for a service it is likely to fall under common law. Whereas, if you are selling products or goods, then your contract will be governed by the Uniform Commercial Code. Because these laws can ...

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(Shakfeh Law LLC d/b/a Motiva Business Law)

PARALEGAL POSITION

Oak Brook, Illinois

Seeking a Paralegal Do you want to help entrepreneurs be legally protected so they can focus on profit? We are an entrepreneurial business law firm and we need an experienced paralegal to join our team and work directly with the owners and attorneys to support the team and help our clients. We want to be known for helping our business clients navigate the law so they can confidently grow their own businesses. Motiva Business Law is a small, but growing law firm and we need a paralegal who can hit the ground running.

This position will be responsible for important work, including: 

• Meets with attorneys, clients, and other professionals to discuss assigned cases or projects.
• Drafts legal documents including routine pleadings and motions, affidavits, and interrogatories; files motions and pleadings according to judicial procedures
• Researches and analyzes statutes, regulations, legal articles, judicial decisions, and other legal sources; provides written analysis to attorneys.
• Prepares, organizes, stores, and retrieves case files, which may include evidence, exhibits, depositions, pleadings, exhibits, and other items.
• Inputting information in the firm client relations software, organizing client and case information following up with potential clients, and calendaring/attorney schedule management.
• Develops and maintains records regarding billable hours spent on specific cases.
• Communicate with clients to gather information for client matter and assess client satisfaction
• Performs other related duties as

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