no longer OT: Apple V Apple. Legal lunacy?

[Dan Shafer]

As a law school grad who declined to become a practicing attorney,  
let me add one other note.

A contract is only a piece of paper. Right up until someone thinks  
the other person has breached it.

Then it is a nightmare.

Draft agreements with clear divorce clauses. The document is really  
most valuable if and when things go south.

Dan

On May 18, 2005, at 11:14 AM, Alan Golub wrote:

> 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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>
>
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