Why Should My Company in England Use Bespoke Documents?

Having legal documents drawn up is an integral part of running a business. Your business will encounter documents including commercial contracts, employment agreements, property lease or purchase agreements and customer terms and conditions. As such, you may benefit from having a lawyer draft a bespoke document for your commercial agreements. While some companies attempt to create the documents themselves to save money, there are significant advantages to appointing a lawyer to draft documents for your business. This article will explore the benefits of having a lawyer draft your bespoke legal documents.

Commercial Contracts for Your Business 

As your business deals with several customers, clients, suppliers, employees, and other businesses, you will want documents detailing the specific arrangement. As such, each business agreement usually requires a unique document. Some of the most common documents that your business will deal with include:

• commercial contracts relating to business deals;
• exchange of documents with customers;
• employment agreements; 
• terms of use for your company website or app;
• documents recording any shares in your business;
• written agreements regarding the hiring of your premises or purchase of company property.

The list mentioned above covers a wide range of topics and, as such, requires unique tailored documents. 

Using Bespoke Documents 

Many business owners find it tempting to draft legal documents themselves. At first, this may seem like a good way to reduce business expenses. However, it is common for directors to make mistakes that cost their company thousands of pounds.

For example, let us say that a director drafts an employment contract for a new senior recruit. Because they lack the knowledge of an expert employment lawyer, they do not include clauses preventing that person from resigning and taking customers with them. The recruit, therefore, learns the identities of key customers and how the business works, then quit and sets up their own competitor company. A bespoke employment contract drafted by a lawyer could have prevented this by restricting the employee from taking customers and competing with the employer. It may also allow the employer to seek support from a court if the employee does this. 

Using ‘Standard Form Contracts’ 

Using a template from another business or the internet can be very tempting. However, this is like copying someone else’s homework at school. Similarly, if the original document contains errors and weaknesses, so will your version. Additionally, the template is likely to be drafted as a generic document and unable to cater for your unique circumstances. 

Advantages of Engaging a Lawyer

Benefits of instructing a lawyer to draft your bespoke document include: 

• accuracy; 
• knowledge;
• advice; and 
• speed.

Using the example of commercial contracts, commercial lawyers have valuable experience in negotiating and drafting written agreements. This ensures the final document accurately reflects your deal with the other company. A lawyer also knows the relevant law and cases relating to each legal document. Therefore, the lawyer will draft documents in a manner that will meet the legal requirements to support your case if a dispute arises. 

Another advantage of a lawyer is the legal advice they will provide before you sign a document. For example, a commercial contract lawyer will translate any complex legal terminology and inform you:

• what the document means in practice;
• whether it fully delivers what your company requires; 
• how to negotiate any amendments requested by either party; and
• whether any actual or suggested clauses are likely to be unenforceable in practice.

Finally, engaging a lawyer will speed up negotiations and finalise documentation quickly. An experienced commercial contract lawyer can anticipate the best course of action and, if required, encourage the other party to proceed quickly. 

Key Takeaways

Instructing a lawyer to draft bespoke documents for your company ensures that your documentation protects your business interests. You will be confident that you have accurate documents tailored to your business and produced quickly. While bespoke documentations will incur a fee, they can avoid other expenses and stress caused by poor documentation in the long run. 

If you need assistance with drafting a bespoke document, our experienced contract lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.

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