Experienced Lawyers Assist Clients with Contract Negotiations in California
Trustworthy counsel help businesses make deals without friction
Contracts should drive business success. But if you are not careful in negotiations, you can wind up with a contract that does not serve. At Garcia & Gurney, A Law Corporation in Pleasanton, our business lawyers draw on decades of experience in contract negotiations to help our clients achieve their goals. When you retain our services, you get a diverse skill set from seasoned business negotiators with a track record of solid results for a wide range of clients.
Fundamental concepts and principles of contract negotiation in California
Much has been written on the art of business negotiations, so that success can be distilled down to adherence to a few core principles:
- Preparation — A party must know what they want and how much they’re willing to expend to achieve their goals. They must also have some preliminary knowledge of the other party’s position.
- Goal setting — A party must separate issues and assign to each a range of desired outcomes, from greatest possible to least acceptable.
- Facilitating understanding — Parties must seek to understand each other’s position and the values or concerns that have prompted them. They must focus on building understanding, rather than scoring debate points.
- Seeking mutual benefits — Win-win agreements get the greatest buy-ins from parties and cause the least conflict in the future.
- Clarity — Clear communication and precise language are necessary to reach agreement and to accurately memorialize that agreement.
An attorney’s assistance is beneficial at all stages of contract negotiations. Even if a business leader wants to “take point” on negotiations, having a legal bench at the ready can expedite the process while deterring wasteful missteps.
Experience across a wide range of business contract negotiations
Our business law attorneys have successfully negotiated a broad array of business contracts for businesses and individuals. We are ready to assist you with:
- Employment contracts and executive compensation packages
- Nondisclosure agreements
- Covenants not to compete
- Corporate bylaws, workplace policies, and employee handbooks
- Flexible work agreements
- Assignment of rights / licensing agreements
- Buy-sell agreements
- Consulting / independent contractor agreements
- Debt assumption agreements
- Indemnification agreements
- Management services agreements
- Master services agreements
- Memoranda of understanding
- Powers of attorney
- Right-of-first-refusal agreements
- Sales consultant agreements
- Security agreements
- Shareholders' and partnership agreements
- Software as a Service agreement (SaaS)
- Statements of work (SOW)
- Venture capital term sheets
- M&A letters of Intent
- Dispute resolution agreements
Our law firm focuses on the unique aspects of your specific case to achieve an agreement that aligns with your goals.
Documenting negotiations at every stage
One of the strongest safeguards during the negotiation process is careful documentation of the discussions preliminary to the agreement. This documentation goes beyond a mere summary of discussions. It must include the precise recording of phrases and terminology, which helps ensure clarity of terms in the draft agreement. Contemporaneous records also provide evidence of the parties’ intent. If contract disputes arise in the future, records of discussions can shed light on the proper interpretation of contractual provisions. Our attorneys compile and preserve all documents related to the negotiations, including emails and correspondence, draft agreements and meeting notes.
Contact a Pleasanton business lawyer for contract negotiation services in California
Garcia & Gurney, A Law Corporation in Pleasanton represent business clients in negotiations related to transactions and civil disputes in Alameda and throughout California. Call 925-468-0400 or contact us online to schedule a consultation.
