Contracts Uncovered: Common Pitfalls and Strategies for Aspiring Solicitors

Nov 30, 2023

Written By Georgia Purcell

Where would solicitors be without contracts? Probably with a lot more free time! Contracts are the backbone of legal transactions, and as an aspiring solicitor, it’s almost guaranteed that you’ll find yourself face-to-face with an alarmingly large bundle of papers and a note to review them in a very short amount of time. Contracts can feel pretty scary, but we’re here to talk you through strategies for addressing them and guiding you around common pitfalls.

Ambiguous language and interpretation

Rule number one: contracts need to be clear. If you can’t tell what your client is being asked to do, the chances of them accidentally breaching the terms of their contract is so much greater. You need to make sure the language used is precise, understandable, and unambiguous. When reviewing contracts, make a note of language that is ambiguous or able to be interpreted in different ways, and do your research to make sure you’re certain what’s being asked. A great tool to research is legal dictionaries; there’s no harm in double-checking when the stakes are high.

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Hidden risks and unforeseen circumstances

The legal and business worlds are constantly evolving, so something that was put into a contract on its initial drafting may have a different effect in the new legal landscape. When reading and analysing contracts, keep in mind recent developments and how they might change the way we read or the impact of certain clauses.

Strategies for effective contract review

Before you start effectively reviewing a contract, you need to do your primary checks. Check that the contract is fulfilling the purpose it intends to, that it’s legally cohesive, and that it uses key terms and definitions precisely and accurately.

A fresh pair of eyes can sometimes spot something you’ve missed, even if you’ve read the contract multiple times! Working with a peer or a senior lawyer allows you to query terms you may find unclear and ensure that the alterations you’ve made are understandable. Discussing with colleagues can unearth points or problems that you may not have noticed.

Navigating specific contract types such as employment, commercial, or real estate contracts can be trickier, but following strategies of clear and understandable language will enable you to move easily through them.

In employment contracts, keep your eyes peeled for obstacles to trip you up like job descriptions or termination clauses that are too vague. In commercial contracts, you want to stay aware of ambiguous terms for payments or dispute resolutions, whilst in real estate contracts you want to avoid the mess of unclear property descriptions or hidden easements. It’s also worth researching firms or non-law organisations that specialise in the relevant area, as they’ll have up-to-date information.

Finally, when dealing with specific contracts, keep in mind the knowledge you already have around the specific area and use your attention to detail to weed out the unclear or tricky clauses.

Effective communication with clients

Client consideration is paramount when it comes to the reviewing of contracts – you don’t want an unhappy client at the end of all your hard work!

Establishing a clear expectation at the beginning of the reviewing process is necessary to ensure there is no confusion along the way. Keeping your communication transparent and easily understandable (explaining legal jargon) is the key to a smooth relationship. Although you’ve spent many hours studying contract law, some clients will have minimal legal awareness. Establish trust by ensuring that they know exactly what’s going on and how it impacts them.

Continuous learning

Remember to keep your review skills up to scratch! Enrolling in courses, taking classes, or even just chatting with senior members of your team are all good ways to develop your skills. On top of this, the ever-evolving legal world means that it’s imperative to stay on top of new and exciting progressions. Browse legal publications, check out webinars, and keep an eye on the news to stay informed about any changes in legislation.

Navigating contracts with confidence

Although that pile of paper may have seemed quite daunting to start with, now you’ve got all of our tips for navigating your contracts you’ll be flying through them! You’ll want to ensure the wording used inside the contract is clear, precise, and understandable, while also keeping on the ball with current legislation, and keeping your client engaged in the process.

Avoiding contract review pitfalls is not too difficult when you’ve got your mind on the goal, so go out there and review contracts with confidence!

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