A vital way to think about contracts, the way they come together, the way they get enforced – is that contracts by nature are optimistic documents.
Any contract is a statement by the parties of what they anticipate they can do in the future, and is a statement of confidence in what someone else can do in the future. Be it for the sale of goods, the sale of a house, an employment agreement, there is an understanding on both sides that they will get what they bargain for. Any contract entered into without that optimism is doomed to fail. Most contracts don’t go to litigation. Most play out as they are supposed to. But sometimes they don’t. And when they don’t you have to make sure that from the beginning the parties haven’t been so blinded by their optimism that they haven’t put in appropriate interpretive and enforcement procedures so that the parties can present the case to a disinterested third party. That’s what boilerplate language is for and it can, and should, be included in most every contract.
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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