top of page
  • Writer's pictureTanya S Osensky

The Write Way: The Power in Owning the Drafting

Have you ever found yourself in a situation where you let the other party take control of drafting a contract? Maybe you thought it would save time or you trusted them to be fair.


That doesn’t always turn out as you hoped.


I once had a client who trusted the other party to draft a contract for their deal. When she received the contract, she was shocked to find that it heavily favored the other party and included several hidden gotchas.


After some negotiations, we were able to get some concessions, but it was a difficult and time-consuming process. Even if you manage to get concessions, it’s never as favorable is it would be if you draft the first draft, because:


1. It's hard to catch all the advantages they've built in

2. It's hard to get them to accept your changes

3. It's hard to review while staying focused on your key risks when you didn't write it


Writing makes you think. Revising someone else's writing makes you think about the deal very differently and is a huge disadvantage.

Recent Posts

See All

Value of Hiring an Attorney for Contracts

As I mentioned in my last post, I’m not in competition with online services that provide contracts because they can’t – and don’t – give any legal advice. I do. Besides that, I take the time to unders

Me vs. Online Services that Sell Contract Forms

How on earth can I compete with online platforms that offer contracts for a fraction of what I charge? It’s a great question. And here’s my answer: I don’t compete with them. I’m not selling the same

Comments


bottom of page