Who is a Contract Lawyer?
A contract can be considered as a transaction that regulates the legal relationship between parties. A contract lawyer is defined as a lawyer who drafts, reviews, examines and resolves disputes arising from contracts between individuals or businesses.
It would not be correct to limit the working area of a contract lawyer to Obligations and Contracts Law. Lawyers and law firms that provide services to different sectors can prepare contracts covering almost all areas of law.
What Do Contract Lawyers Do?
Contract lawyers ensure that individuals, businesses, and companies are legally protected in their relationships. This is achieved by preparing a contract that is drafted with complete clarity, leaving no legal loopholes or confusion.
When preparing a contract, a contract lawyer must consider all possible scenarios that may arise. Even unpredictable global events, such as pandemics, have legal implications that must be considered in the context of contract law.
The role of a contract lawyer is not limited to drafting or reviewing contracts. They also play an active role in resolving disputes that arise from contractual agreements.
Education and Skills Required to Become a Contract Attorney
To become a contract lawyer, it is expected that they have a strong understanding of fundamental legal principles and laws, including the Civil Code, the Code of Obligations, and the Commercial Code. However, the success of a contract lawyer will not be solely based on their knowledge of these laws.
A good contract lawyer must also be an excellent negotiator, which involves analyzing the balance of interests between the parties involved. Many provisions in a contract that may seem unfavorable to one party can be accepted based on this balance of interests.
Another crucial aspect is communication style. A good contract lawyer uses a language that is understandable both in writing and speech. However, a more superior skill is active listening. A contract lawyer with active listening skills will be able to identify the parties’ interests, which is essential for creating a strong contract.
The effectiveness of a well-drafted contract can only be determined by the manner in which potential disputes arising from that contract are resolved. Therefore, a contract lawyer is expected to have excellent legal analysis skills. Typically, while drafting a contract, a contract lawyer imagines themselves as a party to that contract in a parallel universe, experiencing and anticipating all possible disputes and taking preventive measures to address them in the contract. This experience enables them to be well-prepared for any potential disputes that may arise, including mediation, enforcement proceedings, arbitration, or litigation.
What are the advantages of working with a Contract Lawyer?
The advantages of working with a contract lawyer will vary for each business or individual, as they depend on the type of contract, which party you are in the contract, and the obligations imposed by the contract.
When you hire a contract lawyer to prepare a lease agreement for the apartment you want to rent, you expect the lawyer to draft the agreement in favor of the “tenant”. Therefore, even if you have never heard of a “notice to vacate” before, the contract lawyer will provide you with detailed information about it. The lawyer will also ensure that the rent increase rate, inventory list, deposit refund terms, payment terms, eviction conditions, and rental amount are correctly and lawfully arranged in a way that benefits the tenant.
Conversely, the same applies from the “landlord’s” perspective. This time, the contract lawyer will draft all the conditions related to the increase of interest due to non-payment of rent, showing the leased property for sale in the future, and specifying the dates and times for the tenant in a way that benefits the landlord.
When preparing a “property sales promise agreement,” a contract lawyer knows that the validity of this agreement is subject to the condition that it is drafted at a notary or land registry office. They also know that a property sales promise agreement drafted in an informal way will not have any legal effect. Therefore, the contract lawyer will protect you from taking risks by paying high amounts.
For example, in complex contracts such as service contracts, construction contracts based on shared ownership, share transfer contracts, license agreements, the contract lawyer will protect the rights of the applicant.
What to Consider When Choosing a Contract Attorney?
When selecting a contract lawyer, the following should be taken into consideration:
It is important to pay attention to whether the contract lawyer is a good and active listener. During communication with the lawyer, one can assess whether they take notes and understand what is being said correctly.
It can be determined whether the contract lawyr has sufficient knowledge and experience regarding the contract to be prepared or the contract in dispute by the quality of the questions asked by the lawyer.
In this regard, the lawyer’s experience can be revealed, and they can convey the results and risks they have previously obtained to the client. As expected from any lawyer, other issues such as communication, references, and lawyer fees should also be evaluated.
You can find more detailed information by reading our articles “Tips for Choosing a Lawyer” and “What to Consider When Choosing a Lawyer?”
General Contract Types
According to our constitution, everyone has the freedom to enter into contracts. This means that anyone can make a contract in any way they wish. However, contracts that are impossible, contrary to mandatory provisions of the law, against morals and public order will not be legally protected.
If we were to list the general types of contracts;
- Sale Agreement, Loan Agreement, Life Estate Agreement, Lease Agreement, Product Lease Agreement,
- Commercial Lease Agreement, License Agreement, Construction Agreement for Compensation of Shares, Share Transfer Agreement, Agency Agreement, Distribution Agreement,
- Power of Attorney Agreement, Employment Agreement, Service Agreement,
- Work Agreement, Custody Agreement, Guarantee Agreement, Ordinary Partnership Agreement, Insurance Agreement, Credit Agreement, Mortgage Agreement, Promise to Sell Immovable Property Agreement,
- International Supply of Goods Agreement, Articles of Association of a Joint Stock Company, Customer Agreement, Investment Partnership Agreement, Health Services Agreement.
Do you need ontract lawyer in Istanbul & Turkey?
BAL Law Firm provides contract drafting and review services for both individual clients and businesses in need.
In particular, through our Continuous Legal Consultancy service for businesses and companies, we provide services for drafting and reviewing all contracts required for ongoing needs.