Contract Lawyers


by Clint Jhonson - Date: 2008-11-12 - Word Count: 880 Share This!

Contract lawyers are a necessary and very important part of the Australian legal system today. Contracts are an agreement between to individuals or, more often, companies for the exchange of a product or item in exchange for money or something of monetary value. Australian law states that in order for a contract to exist, these four elements or factors must be present: agreement, consideration, intention and certainty. Without the assistance of contract lawyers, many of these contracts would not be binding and contract could not be completed.

Contract lawyers are important because they have knowledge of statutory regulations and laws. They're important because they are familiar with the government laws that have been passed as well as the many government officials, giving the ability to properly explain the laws to their clients as well as best represent them in cases involving contract law.

Many contract law cases never make it to court because they're handled by negotiations or settlements outside of the courtroom. Situations such as this are the types that require the assistance of a good contract lawyer the most. Contract law varies depending on where one lives as well as the type of contract case being handled and represented. Contract cases generally are less dramatic than cases involving trials and involve negotiations more than any other method.

Contract lawyers may work for firms or businesses or may also own their own business, working for themselves. Whether they work for a law firm, large corporation or are self-employed will determine what type of corporate law they may specialize in, an important factor when looking for a contract lawyer. Knowing this type of information will best help you determine if they will be able to help you with your contract case. Contract lawyers in Australia handle a variety of different types of cases, some of which may include:

-    Creation of contracts
-    Insurance contracts
-    General business contracts for businesses
-    Verbal agreements
-    Partnership agreements
-    Contract termination
-    Leases
-    Consumer issues
-    Loan documents
-    Cases of negligence

Determining the needs your case involves as well as what type of contract cases each individual contract lawyer handles is the best way to choose a contract lawyer that will be the most helpful to you in your contract case. There have been occasional cases where problems have risen in a case where the competence of the contract lawyer has come into question because of the way the case was resolved. Most cases like this don't have as much to do with the incompetence of the contract lawyer as much as not hiring a contract lawyer familiar with that particular type of contract law, so always hire a contract lawyer that specializes in your specific type of case.

When looking for a good contract lawyer, there are certain questions you may want to ask before making a decision to hire this particular contract lawyer.

1.    Where did they get their degree or do their studying? Although some people believe one degree is as good as the next, it's important that your contract lawyer earned their degree in a reputable school that is known for providing excellent education in this field.
2.    What is their experience in contract law? Although it's great when someone fresh out of college is given a break and hired to represent a client, you may not want to be the client he's representing on his first case. Experience, they say, is the best teacher and you want a contract lawyer that has experience in contract law.
3.    Do they have experience in contract cases that are similar to yours? You may find a contract lawyer that has years of experience in contract law but if the experience isn't similar to your particular case, you're not getting the most benefits you possibly can from a contract lawyer.
4.    What type of results or outcome do they see in your case? If the contract lawyer you've hired is experienced in your type of case, they'll be able to make some sort of prediction as to where you stand legally. You want a contract lawyer that's positive yet honest.
5.    Why does this contract lawyer feel he's the best for the job (if he does)? If your lawyer feels he can adequately handle your case, ask for an explanation of why. If, on the other hand, he doesn't feel he's the most qualified for this type of contract case, take his advice and find a different contract lawyer.
6.    What guarantees do you offer with your services? Although there isn't any way a lawyer can predict an outcome, there are certain things they'll do and handle that are part of their fee. Find out what they are.
7.    What are the contract lawyer fees? Have the lawyer explain the fees. If the fee seems high, ask what things can be eliminated, without hurting your case, to make the charges less. Ask if there are certain things you can do to help lessen the charges.
8.    What is their success rate in cases like yours? Make sure that if this contract lawyer is successful in contract law that his success also lies in cases similar to yours.  The best contract lawyer in Australia is not going to help you in a divorce case. Make sure his success rate will benefit you and your case.


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