RE: Fwd: Two Contracts?

Subject: RE: Fwd: Two Contracts?
From: "Barbara Philbrick" <caslon -at- alltel -dot- net>
To: <techwr-l -at- lists -dot- techwr-l -dot- com>
Date: Thu, 22 Dec 2005 17:11:08 -0500

I almost never get a client to sign my contract (though I try!) Usually, it
winds up in legal somewhere and resurfaces every six months or so then
disappers again. I have signed two contracts (mine and theirs), but it's
been a long time and they didn't conflict. It usually happens with smaller
firms.

I use my contract mostly for comparing to the client contract --- sort of a
check list for modifying their contract to meet my needs. I would strike the
clauses you are uncomfortable with and see what they come back with. If it
is really against your best interests, also get an opinion from your lawyer.
One contract that I was asked to sign, my lawyer called "contractual
enslavement" and said if I signed it, he would write a note on it saying
that he advised me not to.

Good luck. Giving up right to trial by jury rings alarm bells to me; that's
not the start to a good working relationship.

Barb

Anonymous Poster wrote:

>This contract has several clauses that conflict directly with the text
>of my contract, These clauses are clearly not in my best interest (like
>giving up the right to trial by jury in a dispute).
>
>My contact says her company always signs the consultants contract and
>has the consultant sign theirs. Is the process of signing "two"
>contracts common? (I've never done it.) If I sign them, which contract
>takes precedence--perhaps the one signed first, or last??

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Follow-Ups:

References:
Re: Fwd: Two Contracts?: From: Beth Agnew

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