How to Negotiate a Great Contract
Great contracts are built one piece at a time. Experienced transactional attorneys know the terms that should be included in various types of contracts.
Missing an important term could mean the difference between making and losing money on a deal.
And it could mean the difference between tranquility and ending up in a lawsuit.
Front-End vs. Back-End Payments
Even if upfront payments seem attractive … a good lawyer will pay special attention to back-end payments, expenses and fees.
For example, software, entertainment and other contracts may load a client with expensive royalty payments, distribution fees, or legal expenses.
Protecting Intellectual Property
Many people don’t understand the value of their intellectual property, and therefore fail to protect it when signing contracts.
In fact, whether people know it or not, intellectual property may be their most valuable asset. As the Wall Street Journal reported in 2020:
Intangible assets accounted for more than 80% of the total $25 trillion in assets of S&P 500 companies as of 2018, according to global professional services firm Aon PLC. The value of IP in the U.S. alone is about $6.6 trillion, according to the U.S. Chamber of Commerce.
A transactional attorney with expertise in intellectual property will make sure that your intellectual property is protected … upon signing the contract and into the future.
The Give-and-Take of Negotiation
A good transactional attorney knows how to get the most for the client by knowing when to stand firm and when to compromise. This is a skill that comes with decades of experience.
Knowing when to “give in” on minor points the client doesn’t care about but negotiate forcefully on the important terms is a key skill set a good contract lawyer brings to the table.