QUESTION

Florida: How can we ensure that our contracts, non-disclosure, and other documents do not have legal "holes" in them? Will "stock" documents work?

Asked on Dec 31st, 2011 on Business Law - Florida
More details to this question:
I have a relatively young single-member LLC and use a number of custom-tweaked documents (see below). I would like to ensure that these are binding and as enforceable as possible. My company builds computer programs and custom web sites, and for the time being everyone besides me is a contractor. If there are stock documents that would work, I will be happy to simply purchase those. Documents: contractor agreement - for people working for my company, a binding agreement defining the relationship contractor work order - for people working for my company, a document defining a specific task or set of tasks, compensation and related details non-disclosure agreement - between my company and contractors, or between clients and my company; to ensure that information remains confidential statement of work - document describing tasks my company will do, compensation, and related details If it''s advisable to have an attorney review the boilerplate docs, what can I expect to pay for this service?http:
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4 ANSWERS

Labor and Employment Attorney serving Atlanta, GA
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As with so many things, in law the rule is often "you gets what you pays fo'."  There are various employment forms out there.  But when you are calling some workers independent contractors you are entering territory that is fraught with dangers -- both in terms of wage-hour issues, and IRS liability.  It is best to review the arrangement with a knowledgable employment law attorney (preferably one who practices in Florida). Attorneys who do not specialize in that area of the law often make assumptions that later prove to be incorrect and lead the client to liability. This is not an area where intuition will take you a long way. You can give the employment law attorney the forms you already have been using and have the attorney review and adapt them if that is the most efficient way to utilize his time. The attorney might have his own forms that he has developed and had tested, and it is frequently cheaper and better to use the attorney's own forms. I am not sure what lawyers in Florida charge. However up here competent employment lawyers charge anywhere from a low of $250 / hour to $500 / hour.  You also can talk to them about a flat fee for the project.    Michael Caldwell 404-979-3150
Answered on Jan 10th, 2012 at 1:11 PM

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While I understand the desire to keep your costs low, when you do not have an attorney with expertise review the documents that you are using for your particular business, you run the risk that the "one size fits all" documents will not apply to your situation. Obviously, I cannot tell you that documents from sites such as LegalZoom.com are adequate for your purposes; while they may work, I cannot in the abstract and without talking with you about the specifics of your needs and business give you any assurance that they will work. The type of documents and review that you are suggesting in your question seem to be critical for the success of your business. I am not sure why you feel that you should spend the minimal amount that you can such critical documents. Also, sometimes an attorney can provide you with these documents at a lower fee than if they have to review downloaded documents. There should still be the same time for the consultation with you, so you would not be saving money there.  And many attorneys will not review downloaded documents because they do not want to assume any responsibility for someone else's documents. We obviously hear the horror stories about using those types of documents, and costs and damages from them, but I cannot tell you whether that is the rule or the exception to the rule (maybe we only hear of the problems and not the successes). Finally, I cannot tell you what a fee will be for a review or a document prep engagement. That would require much more information from you.  Fees will usually depend on the specific facts and circumstances and needs of your business.
Answered on Jan 04th, 2012 at 1:43 PM

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Corporate Law Attorney serving Boca Raton, FL at Gracin & Marlow, LLP
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I agree with Hilary.  You wouldn't use "one size fits all" for your computer programs and custom websites either. We offer flat fees and would be please to assist you in cleaning up the documents.
Answered on Jan 04th, 2012 at 1:11 PM

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Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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The only assurance you can have is to obtain the services of an experienced attorney who practices in your state and who is familiar with your business. You cannot expect to purchase "off the shelf" documents and expect them to cover all aspects of your business.
Answered on Jan 01st, 2012 at 5:20 AM

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