The first part: before you begin　　

     1Ask your client to list the deal points, can be in the form of a list, or an overview. Focus of this will help the client contract.　

    2 let your client inwhat ifscenarios. A good contract will anticipate many situations that may occur, but also to give a clear description of the occurrence of these parties stand. And talking to customers that will help you find some issues you may not otherwise consider.

3 ask your customers with similar contract. Under normal circumstances, the customer retains the past record of the transaction or similar contracts.

4 in the search your office computer or similar forms of contracts on the internet. Usually you will find what you want on your computer, such contract or are you prepared for another client, either you negotiated with another lawyer. The use of these old form saves time and avoids the errors of typing, just use the model contract, don't forget to replace the old client's name.
　　
5 in books or CDs acquisition contract. Typical forms of contracts can be found in some examples in the book: for example, the western legal instruments (China Version) florida jur forms, in addition, Continuing Education publications can also be found in some treatises and Florida bar. Draft a contract, you can take the model as the original data, using some typical provisions and wording to include. Conveniently, many papers and books in the contract have electronic text stored on disk or CD-ROM.

6 if no special statement, don't let your client sign a letter of intent. Sometimes, before the contract is prepared, the customer in order to express the sincerity, are often eager to sign something, of course, in this case, if the customer to sign a letter of intent is that, it is also possible, but it must be noted: the letter of intent is not a contract, but the two sides in order to better communication and consultation in the future, the terms and the development of the.

The second part: to draft the contract

7 from the simple, typical contract form. Like a house, a contract must have a good.

8 in the first period of the contract to write clearly the name of both parties. This is a simple but have to pay attention to the problem. For individuals, include full first and last name, initials and other identity information, if appropriate, for example: Jr., M.D, and so on; if the company is, in order to avoid the mistake, write name to corresponding institutions registered the company to check.

9 to determine the name of both parties of the contract (the). For ease of reading, make a nickname in the first paragraph, as both sides contract such as: will James w. Martin would be nicknamed "Martin".

10 the use of legal terms for nicknames, be careful. Unless that party is legally a contractor, or do not use "Contractor" as a nickname. Also, unless you intend for that party to be an agent, otherwise don't call it "agent", if you insist on using the best, specify the scope and find other can avoid future disagreements.

In the first section of the 11 contract for the date written spaces. Putting the date in the first paragraph, after the contract is signed, you can easily find it, moreover, it can also give you in other documents accurately described in the contract to provide help, such as: immovable property sales contracts, signed on December 20, 2000.

12 writing recitals. Recitals are those on the main contract in front of the "given" clause. They provide a simple way to let the reader (usually refers to the two parties of the contract, the judge, jury) learned quickly what is the main content of the contract, the two parties of the contract are, and why they are signing a contract, etc.. Of course, the first paragraph in the body of the contract can also add recitals and state that they are true and correct, if this is done, the two parties of the contract will not dispute: recitals as part of the contract is legally binding?

Outline the contract according to the logical sequence of 13 paragraph headings. Contract paragraph in logical order, of course, you don't need a list of all the paragraph headings, think about how to write the number, however, these headings to summarize each paragraph or paragraphs. For example: lists the written labor contract when the title words like these: recitals. Employment responsibilities for compensation
　　
14 write each paragraph should pay attention to focus, don't drag in all sorts of irrelevant matters, yes, this is very simple, you might be the primary school education, but I still want to remind you, to concentrate firepower, paragraphs explain the parties agree to do what, do not agree to do what.

15 put a pad at hand, to remember clauses to add. While writing a contract, you may think of additional clauses, wording and issues at any time, jot these down on a pad, because they are too easy to forget. In addition, you'd better put the client's outline and other forms in front, so that in the process of writing always check.

16 unless it is to explain the problem more clearly in the contract, otherwise don't repeat the statement of a content. Will be a fact and that it is easy to ready to accept either course. If you put a concept to explain, it more difficult. In addition, if you use an example to clarify a difficult concept or formula, must take into account compliance accuracy all of its meaning, in this case the concept as.

The third part: the note was written

The 17 word "contract" in the title. Do not leave this one to chance. If your client wants a contract, call it a contract. One is the federal bench once ruled: signed, but the document entitled "proposal" was not a contract. The lesson learned is, what do you think, you should say. If you want your document to be a legally binding contract, use the word "contract" in the title.

18 write a short sentence, because shorter sentences than long sentences are easier to understand.

19 uses the active voice rather than passive. Relatively speaking, the active tense sentences are shorter, more concise wording, their meaning is more apparent. Let's look at an example, active: Sellers shall sell the property to the buyer; passive sentences: the property shall be sold to Buyer by seller.

20 do not use words like "biweekly", because it has the potential to cause ambiguity -- two weeks or every other week? Similar words are "Yue", so it is best to write this: "two weeks" or "every other week".

21 don't say "active termites and organisms" or something like that, in order to avoid the best ready to accept either course, wrote: "active termites and active organisms" or "organisms and active termites". When a group of nouns (like "termites and organisms") before a modifier (such as "active"), you must make sure that the modifier is two nouns or just the first one. If the modified two words, can be respectively before the two noun with parallelism technique, if you want to modify a noun, so you should have the last word on this group of words, and then the modifier directly in front of it.

22 don't say "lessor" and "lessee". This is bad nicknames for a lease, because they are easily reversed or mistyped. Use "landlord" and "tenant" instead. Similarly, in the contract also don't say the lienor and lien, the mortgagee and the mortgagor, grantor and grantee, Licensor and Licensee, Party A and Party B...... What to say, it depends on your ability to use the language, however, a principle to grasp, namely in the contract, the contract can only use a nickname.

23 use the term "we" (herein, also can be translated as "here") to be careful. In order to avoid ambiguity, the use of "the best" is that "this" refers to the entire contract, or anywhere in the paragraph.

24 write numbers as words and Arabia numbers and use, such as: ten (10). This will reduce the chance for errors.

25 If you want to use the word, "including" consider adding "but not limited to......" The clause. Unless you intend the list to be all inclusive, you had better "but not limited to......" The clause, that it is merely an example.

26 don't rely on the rules of grammar. What you get in school grammar rules and not universal thing, because has the authority to judge or jury interpreting the contract may have learned different rules and you do not like to learn, but no matter what to learn rules, written contract must follow a basic principle: simplicity, clear. Detecting whether what you write is a good way to meet this requirement, it is to remove all periods and commas, then read it. Without punctuation, choosing the right words and placing them in the right place, which will enable you to write more concise, more fluid.

27 don't be creative with words. Contract writing is not creative writing, is not because the nuances of meaning by thinking or debate. Contract writing is clear, direct and precise. Therefore, use common words, expression of common meaning, writing the contract for the common people.

28 consistent in using words. In a contract of sale, if you want to use the "goods" to refer to the subject matter of the contract, do not alternately call them "goods", sometimes also called them "products." maintaining consistency is more important than avoiding repetition. Don't worry about putting the reader to sleep; you should worry about the opposing lawyer because of the ambiguity of the contract and send you to court.

29 in grammar and punctuation consistent. You may have learned different rules of grammar and punctuation, but in the use of them had better be consistent. Special attention to similar after ending quote marks, the time and place of the comma and the style of writing.

30 can join in the contract law, judge, lawyer fee clauses. With these Provisions, once litigation contract caused, you have to give your client the legal battle to prepare some "ammunition".

 

The fourth part: to be considered for the judge and jury

31 assume the reader is a knowledgeable layman, if you write the contract is so clear that a layman can understand, so even if the court, you don't have to be afraid.

32 the emphasis on a contract terms can do: double quotation marks and the capital letters at the beginning of the. Capitalizing a word indicates that you want it to have a special meaning. The following are two examples of the definition of terms:

One, the use of this contract "goods" ("Goods") means that the buyer has agreed to purchase from seller of goods;

Two this contract, buyer agrees to purchase from seller ten (10) frying pans, hereinafter called the "goods" ("Goods").

33 the first use of a term to define. The contract term is not defined at the beginning, not the end of the contract, but do so in time, the term first appeared, help readers to better understand the contract.

34 explain technical terms and concepts. Remember that the parties might understand the contract technical jargon, but the judge and jury may know nothing at all. Let the contract for his own interpretation.

The fifth part: writing to communicate with your customers

35 all contracts should have a letter of instructions -- to tell your customers how to use and sign the contract.

36 tell the customer you some ideas in the process of writing. For example: things that could go wrong with the deal became bad, things that might happen in the future, things that happened in the past, which can make things better direction...... You in your letter to the client write these.

37 tell your client of the risks. In writing the contract, you'd better say to customers to enter into a contract need to take risks and rewards. Under normal circumstances, as long as you take the time to draft the contract, you will find the real risk in where.

The sixth part: what to do after the first draft

38 check spelling, paragraph numbering and contextual annotations, you can manually do, can also use the word processor's spelling and grammar checker, especially since the Microsoft word software, to do the work you don't seem to be much energy (but it also unreliable, if you don't watch carefully, it will be the "per stirps" to "per stupid"). Now, this kind of professional software can even help you detect no interpretation in the contract terms, such as: Corel company specializes in text DealProof software package are treated as legal office development, as well as for Word97 and Word2000 to download and install the DocProofReader software.

39 let your secretary or assistant to read your draft contract. Not only will your staff to help you check the spelling and grammatical errors you don't find the word processing software, but they will find you missed whendrafting contradiction and confusion.

40 in the contract with the "first draft in June 22nd in 200 years," the first draft is completed, may also have drafted several versions, in order to avoid confusion, the best number at the top of each draft home page note up and. In addition, marked "draft" in every version of the cover, also can avoid you impatient customers don't wait until the final text finally will rush to sign.

41 let your client read it. Your client in on reading the first draft, we can ensure that your draft with the client's wishes.

42 in the computer save the drafts as multiple copies. If you save the first draft in two copies in the computer, then one of them can be used to archive, another copy can be used to modify. File named "contract. Grass 1 ". Used to modify the file can be named as the" contract ". And so on, after the revised version was named" the contract. Grass 2 "," the contract. Grass 3 ", etc.. Where the "d" in the extension indicates draft version. (of course, you may not always under DOS with WordPerfect 5.1 software, as I do, you can use long file names to show the draft contract name, number and draft time, for examples: "Smith. Jones in June 22, 2000 draft second edition contract".)

43 will be the current version and the previous version comparison. If you save draft versions, you can easily use the word processing software or CompareRite software to a comparative analysis of two versions of the contract. When you compare "contract. Grass 1 "and" contract. Grass 2 "two edition, the best results will be analysed software print to the customer, let him know where the changes.

The seventh part: how to print and sign the final draft

44 24 pound bond paper instead of 20 pound copier paper printing contract. Using a heavy bond paper is not only easy to tell the original, moreover, it will also last longer.

Print the contract on 45 using the same paper, and if pages are changed, must be the document using the same paper. In so doing, they don't say is changed after the signing of contract.

The 46 best use blue ink, not black ink to sign a contract, because the blue ink can be easier to differentiate the original contract, photocopies.

47 let both sides sign on each page of the contract, such doing can avoid suspicion was changed after the contract was signed.

48 under the contract signature blank lines, so that the parties and witnesses who fill in their name and address. So, if the contract is contested, will make it easier to find the witnesses. Remember, generally include two witnesses for commercial leases.

49 the signer if company officials, must write their name on the title and company in the. Failure to do this can result in personal liability of the officer. The following signed on behalf of the correct method signature:

ABC Corporation, a Florida Corporation

Signing on behalf of ________________

The company president: Smith Jones

50 according to the notarization law increases the notary clause, similar example in Appendix B

    The final piece of advice

    If these 50 tips don't keep your contracts out of court, then you have to hold Mr Schand White's "principle of design", I heard it to help cope with the appeal very much.