PATCA Meeting-Drafting Fair and Balanced Consulting Agreements July 8, 2010

Reaching agreement is just the beginning. Once you've landed a new client, the next step is to formalize the terms of your project and working relationship. But, as experienced consultants know all too well, getting that contract signed can be just as difficult as making the sale.

Preparing a consulting services agreement that meets the needs of all parties is a practiced art, and it forms the basis for strong client relationships. A good contract establishes the terms of the deal, and it specifies how problems will be solved, should they arise.

PATCA's presenter in July is Jonathan Sweet, a San Jose attorney who represents small businesses. Sweet will provide meeting attendees with a sample agreement form to use as the starting point for PATCA's discussion about the standard elements of good contracts.

However, because each case is unique, many transactions require a customized agreement, and attendees are encouraged to bring along their own contract forms so questions and concerns can be discussed with Sweet and the group.

Using examples from his own prior experience during contract negotiations and agreement litigation, Sweet will also cover some of the recurring issues that are often the focus of disputes, such as:

--Why and when to use an "Attorneys' Fees" clause
--Ownership of intellectual property by the consultant
--When to stop work if the client fails to pay as agreed
--How to collect interest on unpaid balances
--The pros and cons of mediation, arbitration and litigation to resolve disputes
--Structuring consulting agreements for long-term business relationships

Official Website: http://www.PATCA.org