Commercial Law is the law of business but it also involves all those boring and annoying things that get in the way of business people doing what they do best: manufacturing, buying and selling their goods and services. Distribution contracts, supply contracts, protected territories, sourcing products, shipping arrangements, insurance, etc., etc., etc.! While these items don’t allow the same latitude of creativity that one has when one is inventing a product, designing packaging or finding unique ways to supply a service, there is still the possibility to be creative within the area of Commercial Law. There may not be a lot of flexibility, but it is still best to outline your objectives before getting bogged down in the verbiage of pro forma contracts and precedents.
Think first, write later!
Too frequently, the lawyers who are responsible for drafting a lot of these agreements are not consulted early enough in the process to be able to help mould commercial concepts into the verbiage of agreements in order to meet the needs of all of the parties and address the way they may want to operate in the future. When under tight time constraints, and especially when there is little communication between client and lawyer, it becomes necessary to use precedents which ultimately force clients into a course of conduct which was not initially envisioned by the various parties. Allow the time required, and have the discussions necessary to get agreements tailored to your specific situation. Let your creative juices flow. Build more innovative agreements. Don’t write like Charles Dickens!
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