What Kind of Work Does a Contract Attorney Do?
Contract attorneys in Chicago are legal professionals who assist companies, law firms in Chicago, and professionals with a variety of contract-related tasks. They primarily focus on the intricate details of contractual agreements and work to ensure compliance with specific rules and regulations. While duties may vary depending on the firm or organization they work with, contracting attorneys tend to focus on tasks such as drafting and reviewing contracts, conducting legal research, and managing negotiations between parties. Their thorough and meticulous nature is essential to maximizing the protection and security that a legal contract can offer.
In many cases, companies or law firms in Chicago will seek the assistance of a contract attorney or firm when revising or preparing an agreement. These legal professionals may perform a variety of essential tasks, including:
A contract attorney in Chicago can help businesses craft comprehensive, properly formatted contracts , and conduct research any necessary research to ensure a that all legal requirements are met. In addition to preparing a new agreement, contracting attorneys also perform contract review to ensure accuracy and compliance with the law.
It is also not uncommon for lawyers and legal professionals to call on a contract attorney in Chicago to assist with the negotiation of a contract. With specialized experience negotiating contract terms, contracting attorneys help create cooperative environments that allow all parties to come to an agreement that best serves their interests. Contracting attorneys even work with former clients to draft termination letters after an agreement expires and help negotiate termination terms.
For businesses and organizations anywhere in the Chicago area, hiring the right contract attorney is crucial to every legal transaction. The trusted attorneys at RSG offer prompt, convenient contract employee services to assist businesses with any and all contract related issues.
When Professional Chicago Contract Attorneys are Needed
Contract attorneys in Chicago are legal professionals who have specialized knowledge in the preparation, ongoing administration, and enforcement of all types of formal, legally binding agreements. In Illinois, many business transactions require contracts in order to be legally enforceable. This makes it crucial for you and your Chicago business to understand the law regarding contracts and to have an experienced contract attorney at your side throughout your business dealings. Otherwise, you could leave yourself and your business wide open to loss or damage.
Contracts exist to clarify terms and to protect the interests of all involved parties of the contract. If you or another party should breach the contract, there are legal consequences, which can result in costly litigation or a negotiated settlement. Although there are attorneys who generally focus on corporations and other business matters, it’s always best to hire a contract lawyer to protect your interests before entering into any kind of agreement.
Essential Qualities of a Chicago Contract Attorney
When recently retained for a contract dispute in Chicago, we learned that the client sought a firm that was both qualified to pursue their claim on a contingency basis and had a physical presence in Illinois. Some of the risks of outsourcing contract disputes are that claim handlers are often offshore, and contract attorneys may not have the necessary experience to protect your rights. The same applies to contract counselors. Finding someone with physical presence in Chicago is critical to how the relationship may develop. The ability to have in person meetings with one trusted counsel rather than multiple designees from the firm can be valuable as you need someone you will likely rely upon for quite a while. The attorney handling your claim will be the face of the firm and the primary person advocating on your behalf at trials and other hearings. You should take care to have someone who will work closely with you as your face too.
Consider these are few additional qualities to keep in mind: Admitted to practice of law within the past 5 years at any bar. Admitted to practice law in Illinois or otherwise authorized to appear in Illinois court. Specialized in contract claims, especially international commercial litigation and arbitration. Experience overseeing contract disputes. Your counsel should have litigated or arbitrated at least three international contract disputes to completion. A strong track record of success in the resolution of contract claims, even where damages are minimal. Trial and Appellate expertise and experience. Strong communication skills, both verbal and written, from an office in Chicago. Efficiency and cost-effective representation. Able to work capably on a contingent fee basis.
Where to Locate the Ideal Contract Attorney in Chicago
Finding the right contract attorney in Chicago isn’t as challenging as some make it out to be. The first step is the most obvious: a broad internet search for a contract attorney in Chicago. This should lead you to the various law firm websites, which will contain articles that they have published. These articles are a good place to begin your research for potential Chicago contract attorneys. Look for attorneys who have written about areas that are relevant to your case. Writing a blog is an excellent sign of an attorney’s skill, knowledge and dedication to his or her craft.
From the law firm websites, you should also be able to access the individual attorneys’ pages. These pages will list their areas of specialty, publication history, speaking engagements, and sometimes their results. Although not fool proof, a good contract attorney will almost always post his or her results. If you don’t see any results, this is a red flag. Also check to see if he or she is a member of the Illinois bar association or your local bar association. This is an obvious one, but nonetheless important.
You can also utilize other legal resources such as AVVO, JD Supra, your local bar association and the Better Business Bureau (BBB) to narrow down your search for the best Chicago contract attorney for you. It’s also important that you check the Illinois ARDC for prior discipline against an attorney. Ames & Neely have never been disciplined by the ARDC.
Once you’ve narrowed down your list of potential attorneys to a select few, its time to make a call. Keep in mind that you will be hiring an attorney to represent your business. This usually involves a large retainer, so prior to paying any money you want to make sure you’re hiring the best attorney possible. With that in mind, when you call the offices of the attorneys you’re considering, ask for a copy of their retainer agreement prior to paying a retainer. If the attorney is hesitant to send you a copy of the agreement before you pay, consider looking for another attorney.
Additionally, if you don’t understand the fees, terms, or have a request to have some clause or section changed, mention it. If the attorney is open to changing the agreement and you are ready and able to pay his or her retainer, then you know you’ve found a great Chicago contract attorney.
Most Frequently Handled Contractual Problems by Chicago Lawyers
Common contractual issues that Chicago attorneys handle are those related to a breach of contract. Naturally, when an agreement has been disobeyed or disregarded, whether in part or whole, it can generate legal action. The cause of action for a breach of agreement comes in a variety of different forms, including anticipatory (to prevent it from happening), tort (e.g., infringement on intellectual property), and actual (the most common) breach. Chicago lawyers help to recognize the source of the problem, whether it is a failure to perform the terms, a refusal to perform the terms, or a misunderstanding about the terms of the contract . When a breach occurs, it is the responsibility of the contract attorney to choose the appropriate remedy, which may involve an award for wrongful damages, specific performance (what the parties originally agreed to do), or a contract modification to move forward from the dispute. Other contract issues manifest as a dispute or disagreement about contract interpretation, which may need to go before a judge for clarification to happen. A contract dispute can arise out of any provisions within a contract that are vague, misleading, not properly implemented, or lack the necessary steps in the case of a breach. As the attorney representing the person with the perceived injured party, an Illinois lawyer helps identify the damages, losses, and remedies involved in carrying out the agreement, or achieving the desired outcome of the affected party.
Typical Inquiries to Make of Your Contract Lawyer
A contract attorney should be able to answer questions about the scope of his or her services and fees and provide you with prior experience in handling similar matters. Specific examples of questions you should ask are:
- What services are included in your representation for me?
- Are there specific tasks that I am expected to complete either during the process or after the initial meeting?
- Will you (the attorney) be working on my matter or will someone else in your office be handling it?
- Does your firm have a paralegal to work on my matter? Which paralegal?
- Do you have detailed experience in working with the type of contract matter I present to you?
- If you are not familiar with the contract matter I present to you, what is your plan to educate yourself and gain expertise in the area?
- Does your firm bill by the hour or offer flat fee for legal services?
- Does your firm have a minimum charge for each matter?
- Does your firm charge a retainer before starting the case, and if so, how much?
- Will your firm keep a status log of my matter and provide me with regular reports?
Successful Contractual Resolutions Achieved by Chicago Attorneys
Case Study 1: Breach of Confidentiality Agreement
We were called upon to serve a media company in a claim brought against it by a former employee for breach of a confidentiality agreement the former employee signed when he joined the company. The employee worked for a magazine that was acquired by the media company. In his employment agreement and the associated confidentiality agreement, the employee promised to keep confidential all proprietary information of the employer. When the employee left the magazine and joined a competing magazine, the threat of exposure of the media company’s documents became real. We were able to persuade the former employee to back off by explaining he was obligated to destroy the documents, return them to us, and not use them to compete with our client. The competing magazine was not entitled to any proprietary information belonging to our client, and we were able to reach an amicable resolution without litigation. This case illustrates how a Chicago contract attorney can help businesses recover from claims made against them through the cooperation of the attorneys for the antagonists.
Case Study 2: Fraudulent Conveyance
A Chicago-based real estate client of ours learned that a competitor was lying about its financial condition in its rush to purchase real estate from a neighboring development firm for a song. The neighboring firm had expected the deal to close within days, and was eager to cash in on the offer . Our client knew that the competitor was not making a good faith offering, however, but was doing so merely to take advantage of its neighbor’s misfortunes. When we spoke to the owner of the adjacent firm’s principal owner – who was also a friend of the owner of our client – the owner was apologetic, but could not be persuaded to scuttle the deal with the competitor. We contacted an attorney we knew at a well-known Chicago law firm and asked for help. We inquired whether the firm could put together an offer that would lure the competitor in for a better price, and then help us with the negotiations. The next day, we met with the attorney and a financial expert from his firm to review the numbers. Later that week, we floated a new offer by the owner of the adjacent firm, who rejected it. We were, however, able to convince the owner to engage the real estate firm to focus its efforts on marketing the property to a wider audience and if possible to wait for a better offer. Soon thereafter, a better offer did come in and we were able to make a recommendation to our client that they go ahead with the transaction. This made everyone happy. The competitor withdrew without ever recognizing it was being manipulated. In this situation, our experience with the transaction and with contract litigation was invaluable. A Chicago contract attorney experienced in negotiating contracts can be an asset in such cases.
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