Posts Tagged ‘Contract Drafting’

What happens when there is a mistake in the Contract?

Even when a contract is drafted by an attorney, there can be simple clerical errors that may change the whole contract. If you had an option to purchase, and on one line the wrong date was put for that option to end, it could materially change the terms of the contract.
Fortunately, or unfortunately, depending [...]

Why does legal language need to be so complicated?

This is a question that is frequently asked, or thought of, even if it is not verbalized, by my clients. The lawyerly answer is because language is an imperfect medium to describe complex thoughts, ideas, and meanings. There are vagaries to every word, and every sentence written.  However, a better way to explain it may [...]

What Happens when one Partner Leaves a Partnership?

In a January 2007 decision, Estate of James H. Matteson v. Robert R. Matteson et al. , the Wisconsin Appellate court takes the time to further clarify its decision from Lange v. Bartlett , 121 Wis. 2d 599, 602 which stated
[W]hen one partner leaves a partnership and allows the other [...]

Are you actually getting the personal liability protection from your LLC or Corporation?

Unless you are making all other parties actually aware of your business entity, you may not be. A recent Wisconsin Appellate decision Black v. Bach, 2005AP3010 reminds us that agents (this means anyone, employees, owners, or anyone acting to bind the LLC or Corporation) need to take steps to ensure that everyone they [...]

The Problem with On-Line Form Contracts

If you are looking to start a business in Milwaukee, Wisconsin, or already own a business in the Wauwatosa or Milwaukee area, you might think, “I can save some money on using contracts and business formation services from an on-line website.” And this is true, you will certainly get a cheap alternative. Of course, as [...]

What if there was no written Contract?

This is an issue that comes up quite often in my Business Litigation Practice. When two businesses, especially small businesses, first get together they are excited to have the service/ a new client and other than maybe a written a proposal have nothing in writing setting out the terms of the agreement.
If everything does not [...]

Anatomy of a Contract (Part 2 of 3)

If you missed “Anatomy of a Contract (Part 1 of 3)” click here
In that section I discussed the recitals, or as I refer to it, the “Information” part of a contract. The other two parts are “Action” and “Insurance”. In this post I am going to talk a bit about the “Action” portion of a [...]

Anatomy of a Contract (Part 1 of 3)

Always a question that concerns business owners is what should be included in a contract? The short answer: everything that is needed. However, there are ways to break up drafting a contract to make it easier to know what should be included, and when it is too much and jeopardizes the deal getting done.
Even [...]

Would you allow a nurse to perform your surgery?

Then why allow your Realtor to perform Legal Work?
As odd as the analogy sounds, it is not really that far off base. A nurse has seen many surgeries performed successfully, and chances are with a little practice the Nurse could pull off a fair amount of surgeries without any real problems. Of course, that one [...]