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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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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A Refreshing Internet Smackdown

General Power Of Attorney Form Download - A Refreshing Internet Smackdown

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There was something refreshing in the political scene Wednesday when congressional sponsors ran away, as fast as they could, from two ill-considered bills that sought to stamp out Internet piracy by more or less stamping out the Internet.

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Maybe it was the bipartisanship of the online smackdown's target. Most Americans are fed up with the never-ending electioneering in the middle of Republicans and Democrats, who seem to initiate the next campaign as soon as the polls close. Last year, the two parties and the two houses of Congress could not seem to get together on anything. But legislators of both persuasions were elbow-deep in the muck of somehow trying to apply U.S. Copyright laws to web sites located anywhere except inside the United States. It was fun to watch them scurry together in crusade of cover.

Or maybe it was the communal humiliation inflicted on the nation's two most ham-handed defenders of intellectual property, the petition picture relationship of America and the Recording manufactures relationship of America. Most of us know the Riaa for its past practice of suing teenagers, their moms and grandmothers, and dorm-dwelling college students for illegally sharing and downloading music files. Earlier, the good folks at the Mpaa were behind the film industry's exertion nearly three decades ago to squelch video cassette recorders because they feared owners would retain copies of movies that were broadcast on television. Fortunately for the film industry, it lost the Betamax case, and a profitable market for pre-recorded videos developed as a result. These days the studios seem approximately deft by comparison, with their communal service announcements featuring union-scale crew members who urge viewers not to download videos illegally.

Music and movie clubs are not wrong to want to protect their products from theft. They just have a marvelous talent for development themselves look nasty in the process.

I think the most satisfying aspect of this week's developments is the way the online society rose up to fight back. The most graphic blow came from Wikipedia, which blacked out its English-language site for 24 hours to protest the two bills. Some of Wikipedia's contributing editors reportedly objected to the service, which strives for impartiality in its articles, injecting itself into a communal policy debate. But as a financial contributor to Wikipedia, I had no complaints. categorically because it is non-commercial and user-supported, Wikipedia has no vested interest in the tug of war over copyrighted content, and its point of view (and vast user base) added a marvelous voice to the political debate.

Still, Wikipedia could not seem to help itself from being helpful, despite the blackout. It left its articles about the two bills, the Stop Internet Piracy Act and the protect Ip [Intellectual Property] Act, accessible during the outage. It even told users that they could circumvent the 24-hour blockade by disabling javascript on their browsers.

Elsewhere, Google covered the logo on its home page with a black patch. Visitors who clicked on the patch or on a separately labeled link were directed to an online petition opposing the legislation. Wired.com blacked out the headlines on its home page. Favorite blogging site WordPress.com censored its "Freshly Pressed" highlights page. By at least one estimate, as many as 7,000 sites may have joined the protest. The protest attracted worldwide attention, as outlets like the United Kingdom's Guardian newspaper rounded up some of the more engaging screen shots.

To its credit, the Obama management got ahead of the curve when it announced last weekend that the president would not sign the legislation in its primary form. The first drafts of the bills would have demanded that U.S.-based service providers corrupt the net's domain name service, which is the theory that translates a name such as Google.com into a sequence of numbers that point to a single data server. This would be a technical bad dream and could open all sorts of new possibilities for the thieves, hackers and other genuine black hats who prowl the online world from the most lawless corners of the globe.

But even with last-minute changes, the legislation would have allowed the U.S. Attorney normal to originate a blacklist of foreign sites that allegedly infringed U.S. Intellectual property. There would have been little court quote and even more little avenues for appeal. crusade engines would have been required to retain results from such sites; service providers would be required to forestall American web surfers from reaching them; and cost services such as Paypal would be barred from remitting funds to them. The easiest way for U.S. Residents to see the entire Internet, once such legislation is passed, would be to check into a hotel in Canada.

Though the legislation did not explicitly target U.S. Providers like Google, those organizations noted that it would impose major headaches, such as vetting every site that hosts a source document or, in some cases, it would force them to lie to users by stating that no relevant crusade results are available. Also, the American advent to censoring foreign sites would be an invitation for other democratic governments to impose their own restrictions. Britain would likely articulate its official Secrets Act and pre-trial crime reporting restrictions against Americans. France would want to impose its hate speech limits on documents that Google indexes and archives, and Germany's anti-Nazi laws would get extraterritorial heft. Not to mention the field day that information-restrictive countries such as Singapore would have. The United States would go from being a global role model for free speech to the global standard-bearer for cross-border censorship.

Well before night fell on Washington, the legislation's previous backers were peeling away from it. Sen. Orrin Hatch, R-Utah, called the Senate bill "not ready for prime time," The New York Times reported. (1) Hatch had been one of its primary sponsors.

It is tempting to say that the legislation is dead, killed by a grassroots rebellion of Internet users, but I would not bet on that. Online piracy is not the vast scourge that the old-line media clubs pretend that it is when they count each free download as a lost full-price sale, but neither is the theft of American-generated article a trivial matter. Right here at Palisades Hudson, we have had some of our online article lifted and even altered without permission, and in some cases without attribution. Since we are fussy about what we say and where we say it, we take such violations seriously. Our reputation is worth a lot to us.

So the big article publishers will be back. You can sense it in the churlish tweet that Riaa administrative Jonathan Lamy posted in the midst of Wednesday's protest: "After Wikipedia blackrout (sic), somewhere, a student today is doing primary investigate and getting his/her facts straight. Perish the thought."

As I said, even when they have a valid point, these folks make themselves look nasty. You can't get far in show business without having some sort of talent.

Source
1) The New York Times, "In Fight Over Piracy Bills, New economy Rises Against Old"

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