Be careful what you say both in writing and verbally during negotiations.
Contracts don’t just drop down out of the sky. They are almost always the product of back and forth negotiations. It used to be that much more of those negotiations were face to face, or were verbal as opposed to written. In this day and age you will find a much greater blend of written and oral representations, offers or acceptances within a negotiation. Because of that, any written word that is committed to the page, the email, the text; looks like it’s more thought out and more definitive than it is. At the end of the day, when sitting down to write a contract, you need to be able to make it absolutely clear what is agreed to and what is not agreed. This video reviews negotiations, term agreements, oral contracts, and invoices and other forms.
Sean R. Smith
Continuum Legal Group LLP
- Attorney with Taylor English Duma LLP in Atlanta
- Represents companies and individuals in a multitude of different areas of litigation and alternative dispute resolution
- Tried multiple actions in state and federal courts in Georgia and surrounding states, including a representation of Time Inc., which was noted as one of the 15 significant defense verdicts in the country in 1996
- Represented numerous clients in appeals in both state and federal court
- Advises clients on an ongoing basis regarding various methods of avoiding litigation and making litigation more effective and efficient when it is necessary
- Briefed and argued appeals in numerous appellate courts, including the 11th Circuit, 6th Circuit, the Supreme Courts of Georgia and Montana, and the Court of Appeals of Georgia
- J.D. degree, University of Chicago; A.B. degree, on the law review and was a Hinton Moot Court Finalist, Harvard College
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