no longer OT: Apple V Apple. Legal lunacy?

[Alan Golub]

Thanks for the positive remarks, Kurt. And thanks to Chipp for his take on
things, with which I largely concur -- by all means, if they are able, the
parties to a contract should work out the major terms on their own BEFORE
getting a lawyer involved. They may even be able to draft the entire
contract themselves -- you don't need a lawyer to form a binding and
enforceable contract.

A word of warning, however -- if you (a) don't have much experience with
negotiating contracts, (b) have never been a party to a contract before,
and/or (c) are uncomfortable with representing yourself in what can be a
fairly confrontational and stressful process, it may be best to have an
attorney on your side as you nail down the major terms of the contract. Even
if the parties deal directly with each other during this phase, while the
attorney sits on the sidelines to advise as necessary, there can be real
value, particularly to the uninitiated, in having in your corner someone
more experienced in negotiating and drafting these things.

This has been a very interesting discussion, and I'm so glad that others
have found it worthwhile. We don't often explore the business/legal side of
things on this list, but some attention to it now and then is no doubt a
good thing. Thanks to Jeff Reynolds for teeing this up for us!

Alan S. Golub, Esq.


On 5/18/05 1:46 PM, "Kurt Kaufman" <kkaufman at snet.net> wrote:

> Thanks to Alan and Chipp for their perspectives on business and law.
> Anyone who draws up business arrangements (in the software field or
> otherwise) would be well advised to read their posts to this list:
> 
> http://lists.runrev.com/pipermail/use-revolution/2005-May/057273.html
> 
> http://lists.runrev.com/pipermail/use-revolution/2005-May/057342.html
> 
> If only more business and personal interactions were handled in this
> manner, we'd waste a whole lot less resources, money and time....
> 
> Kurt
> 
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