Should Businesses Risk Using Form Agreements From the Internet?

General Power Of Attorney Form - Should Businesses Risk Using Form Agreements From the Internet?

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You can find whatever on the Internet. That includes form legal documents. However, just because you can find a form legal document that seems to pertain to your singular situation, should you use it? In the majority of instances the acknowledge is no. Is that simply a self-serving acknowledge from a lawyer or is there a rational basis for the answer? Read on and make your own determination.

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General Power Of Attorney Form

Let me furnish you with a peek into how I and many other attorneys draft contracts. At the core of the process is a skill you learned in kindergarten: cutting and pasting. Even when I am drafting a ageement entertaining a subject matter that is new to me, there is always some component of reusing clauses and parts of agreements that I have used before. The customary driving force behind this is efficiency: if I do not have to draft all from scratch, then I can deliver the ageement to my client far more speedily (and cheaply). Moreover, I am able to reuse clauses that I have spent necessary time tweaking to get just right. In effect, the contracts that I write are generally a compilation of assorted "form agreements." Of course, there is also a necessary number of customized drafting and creation of clauses that are necessary to fit the singular situation.

So, if I use forms, why do I say that non-lawyers should not? Well, let me acknowledge this by explaining a minuscule more of my drafting process. When I reconsider which document to use as a beginning point, I need answers to four questions: 1) which party did we represent, 2) was there equal bargaining power, 3) were there unusual circumstances, and 4) how heavily negotiated was the agreement. Thus, if I were representing a distributor of a business, I would not want to start with an asset purchase agreement that I drafted while I was representing a buyer who had all the bargaining power in a transaction where the distributor was desperate for cash and had no attorney. If I used that singular asset purchase agreement, then I would be using a document that was heavily stacked in favor of a buyer when I was representing a seller. This drives home a most foremost point: when it comes to legal documents, One Size Does Not Fit All.

So lets look at a singular example that seems to be quite common. Suppose you determine to search the Internet for a free confidentiality agreement form because you need to hire a counselor for your business. The point of a confidentiality agreement is to protect the confidential and ownership facts that your company uses to create whatever competitive advantage it has in the marketplace, arguably the singular most necessary asset of the company. So, when you find a free confidentiality agreement form on the Internet that looks like it may be a good one, can you tell either it was drafted to favor the company or to favor the consultant? If the form is "neutral," is that good adequate for you or are you more interested in using a document that provides your company with as much security as possible? Do you have the caress to know either the form agreement is missing any key elements? Was the form agreement ready to protect a company like yours? (Drafting to protect a technology company is far distinct than drafting to protect a brick manufacturer). Is the only document you need a confidentiality agreement or are there other ancillary agreements that are important? Do the provisions in the form agreement comply with the law applicable in your state or could portions of it be unenforceable? Without the answers to these questions, there is no way for you to safely predict either using the form confidentiality agreement will protect your company or leave it vulnerable.

A confidentiality agreement may seem like a generic and harmless agreement that could be picked up from practically any source. Hopefully, this discussion has made it clear that there are many factors that need to be thought about and that you need caress legal counsel to guide you straight through those considerations. In short, a confidentiality agreement needs to be customized to fit the singular company and the singular circumstances. The same sort of pathology holds true for practically any legal agreement you can imagine. So, can you find free legal documents on the Internet and use them? Sure. Will there be consequences? If you are very lucky, maybe not, but is it a risk worth taking? If you execute a form agreement, it could actually wind up being worse than having no agreement at all. Only you can determine if your company to too necessary to take such risks. You may determine that the risk is acceptable, but at least you now have an idea of the nature of that risk.

Disclaimer. This narrative is for informational purposes only and is not intended to refer to or to address singular circumstances faced by any personel or business. The statements in this checklist narrative are based on Georgia law existing at the time the narrative was written. This narrative does not constitute legal advice, nor is representation expressly or impliedly provided. Any company or personel having questions, concerns or issues with regard to the issues addressed in the narrative should consult with counsel to address their own singular circumstances and the law applicable to their situation. This narrative is not intended to create an attorney-client relationship; Chorey Taylor & Feil, A professional Corporation, provides legal services only pursuant to written engagements specifying the services to be provided.

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