Finding an Excellent Contract Attorney in Houston, Texas

Contract Law in the Lone Star State

Contract law is governed by the Texas Uniform Commercial Code ("Texas UCC") and common law, together with over 200 years of Texas case law which has been developed and interpreted by the courts of the State of Texas.
The Texas UCC governs primarily the sale of goods, which are considered personal property or movable property, by a seller to a buyer for a price (or consideration) either agreed to by the parties or reasonably available at the time of the contract (which will be used in default or a lack of agreement on the price). This is further defined in the Texas UCC as an agreement to sell a specified quantity of goods to be sold at a future time for a consideration at that time for the good, which does not have to be a price. The Texas UCC does not apply to contracts for the sale of real property – i.e., real estate transactions. The UCC does address what is to be included in a written contract for the sale of goods, default provisions, breach, etc .
Generally, the elements of a legally enforceable contract under Texas law are: A contract that does not contain the essential terms is considered an "agreement to agree," which is not enforceable. Additionally, an illusory contract, where a promise is not legally binding, is not enforceable.
Statutes of frauds apply to the enforcement of agreements subject to the United States Uniform Commercial Code, in that certain types of contracts must be in writing and signed by the party against whom the contract is to be enforced. The Statute of Frauds includes:
The Statute of Frauds only prevents any action on the agreement. It does not render the contract itself unenforceable. Furthermore, rejection of the terms of a contract does not ordinarily prevent its in-forceability.
An offer must be accepted by the offeree, and the acceptance must be communicated to the offeror in a manner by which the offeror could expect it to be communicated. With respect to the statute of frauds and the sale of goods, an unsolicited confirmation by a merchant is sufficient to satisfy the statute.

Reasons to Work With a Houston Contract Attorney

When it comes to finding the right contract attorney for your needs in Houston, TX, there are a number of factors involved, not the least of which is the all-important question of local expertise. General attorneys are fine when it comes to basic assistance, but if you have a contract dispute to work through, you’re going to require an attorney who knows the local laws. Houston’s legal system is not the same as that of Los Angeles or Chicago, and seeking counsel who does not fully understand how the law works in the local area will only put you in further legal jeopardy. A contract attorney familiar with Texas law will be more likely to have a grasp of the nuances of regional business practices, allowing you to more effectively maneuver through the legal process. In addition, an attorney who has worked within the local legal and court system will be able to navigate through the Texas legal process with greater ease than someone from outside the state who may not be as familiar with how the process unfolds. Some issues that might require the assistance of a Houston contract attorney include: – Drafting or revising a contract to ensure it’s worded clearly and concisely – Undergoing litigation and facing the possibility of a lawsuit – Navigating through the Texas court system – Locating loopholes or fixing problems within a contract – Understanding dealings surrounding non-performance of contracts – Settling or revising contracts for mutual agreement between both parties – Filing temporary or permanent injunctions with the courts – Moving through any other legal processes involved with contract law The best way to find an attorney who’s right for your requirements is to meet face to face. Schedule a consultation with an attorney and get a feel for their experience with contract law before hiring them on. Your attorney is your lifeline through the legal system, and you should make sure that he or she is well equipped to help you achieve the desired results.

Common Types of Contracts Houston Attorneys Handle

All attorneys in Houston handle some type of contract or agreement. There is a difference in what type of contracts and agreements they handle but they may work on contracts with another area of law or may work on all types of contracts. You should check what type of contract they handle and make sure they will be handling your contract and not passing it along to someone else.
Here are some examples of what types of contracts Houston attorneys deal with.

1. Business Contracts

Contracts are used in almost every business transaction. They can be used for sales of property, services, debts, licenses and trade marks, leases, distribution, employment, insurance, and warranties. Without contracts, most businesses would face an uncertain future. Most businesses have contracts that are not in written form.

2. Real Estate Contracts

Real estate buyers and sellers use contracts to show what each side is agreeing to the terms of the sale. Sometimes attorney’s use a standard or pre-printed forms to draft a contract. It’s important for an attorney to look over any contracts may be required during the purchase of a home or property to make sure the correct provisions are there and your best interests are protected (especially if you are buying a house or building). An attorney should review the contracts to confirm he or she has the full picture of what you are purchasing. A real estate attorney should also make sure that other aspects of the purchase are dealt with properly and followed up on.

3. Employment Agreements

There are different types of employment contracts. In Texas, most employment contracts are considered "at will" meaning that even if you sign an employment contract, you can still be terminated at any time. If you do have a contract, you may lose some rights in the termination process. Some contracts are called "earmarked." That means that you get certain benefits or will be treated differently than employees without contracts.

4. Divorce Agreements

Most divorces require some sort of agreement to be signed by the spouses. If you agree on child custody and support you may be able to do the divorce without the help of an attorney. Most divorces require a couple to agree on how property will be sold or divided.

5. Wills

A will is an agreement between a person and his or her heirs. It’s a contract that stipulates who gets your property after death and what each party is responsible for.

Traits to Seek in a Houston Contract Attorney

Finding the right Houston contract attorney for your legal matter can be a daunting task. It’s crucial to know what to look for to help ensure that you make the smartest choice. Different contractual matters may require an attorney with specific skills and experience. So what are some important considerations when selecting a contract attorney in Houston?
The types of contractual issues they focus on Some contract attorneys handle every area of contract law while others have specific focuses. You want to find the right lawyer for your area of need. If you’re involved in a lawsuit or claim, you’ll want a contract attorney who focuses on contract disputes. If you’re coming to an agreement with another party in negotiation or mediation, an attorney who specializes in these fields will be able to provide skilled representation. Additionally, some contract attorneys focus on working with particular industries. For example, a contract attorney specializing in business litigation and mediation may not have direct experience with a criminal case involving contract law. You can ask specific questions to gauge their experience and qualifications. If you have a question about your situation and they have no experience or expertise in that area, that should be a red flag.
Can they handle the complexity of your issue? It goes without saying that finding a contract attorney in Houston who is equipped to handle your issue is vital. If you know beforehand that you have a complex matter, such as a claim against the city, you don’t want to suddenly learn your contract attorney doesn’t practice in that area or doesn’t have the bandwidth to take on your case.
Their experience and insight Your Houston contract attorney’s insight might give them the edge over their competition. Their experience in the industry might also be invaluable. Search for attorneys who have experience with your case type. You should look for an attorney who has significant experience in contract law, but who also focuses their practice on your type of issue. An experienced contract attorney in Houston will be able to give you insight into how your matter could proceed and broken down the risks for you. However, an inexperienced contract attorney might make costly mistakes and miss critical details that could leave you without any contracts at all.
Testimonials and reviews A contract attorney in Houston with strong testimonials can help indicate that they have a solid track record in their field of law. Check online for reviews of your Houston contract attorney, such as on Google or Yelp. You can also check the attorney’s website for valuable testimonials from previous clients. Reading their experiences can help you determine if this attorney is a great fit for your legal needs.
How do you feel about the attorney? Your contract attorney must be an attorney you trust. When you first get an understanding of your situation, does this attorney understand your needs? Do they have your best interests at heart? Do they have time to devote to your case? Are they attentive to your questions and concerns? These are all factors you can take into consideration at your initial meeting.

Dealing With Legal Difficulties Regarding Your Contract

In the second of our series on how to find the best contract attorney for your particular needs, we will look at navigating legal challenges when a contract dispute arises. Houston is home to more than 2.2 million people, and many of them are business owners entering into legal agreements every day. This generates a great deal of transactional work for contract attorneys in the city, but the unfortunate truth is that the potential for contract disputes is always lurking close by. For this reason, it is important for you to understand how contract disputes may arise and who is best suited to help you resolve them.
Contracts come in many shapes and sizes. They can be large, complex documents with many distinct elements, or limited agreements a few lines in length. As a result, there is a wide range of issues that can potentially lead to contract disputes, but there are common denominators amongst most of the claims you will encounter, such as:
The elements of a breach of contract generally center around the intent & meaning of the contract. In other words, what exactly was agreed upon between the two parties? The legal argument is primarily about the nature and scope of the contract terms. Disputes can arise due to the other party not living up to their obligations, allegations that you have failed to meet requirements as per the agreement, or ambiguity in the wording of the contract itself.
In the unfortunate event that you find yourself involved in a contract dispute, there are some ways that pre-emptive legal preparation can help make the process easier on you later . By investing in a high quality contract that is well-structured and effectively negotiates the key terms, you can often avoid confusion and avoid misunderstandings about the intended meaning of key terms. Additionally, having an attorney who understands how to mitigate the likelihood of contract breaches through negotiation can also help you keep your dealings above-board so you don’t find yourself on the receiving end of a breach of contract lawsuit.
However, if negotiations are no longer an option and you are dealing with a contract dispute, there are several basic ways that such cases are handled within the justice system. Most of the time, the contract dispute will be referred to mediation, where the judge will assign a mediator to facilitate discussions between both parties in an attempt to keep the case off the court docket. If that fails, the judge will then order arbitration, which is a likely outcome or pre-trial resolution procedures before the case is sent on to litigation. Unfortunately, there are also circumstances where the case must go straight to court, where a judge will make the final ruling.
Your attorney should be able to help you understand all of these options and should be well-versed in both mediation and arbitration proceedings. That way, you can be best-equipped to handle outside disputes quickly and efficiently to avoid wasting any more of your company’s precious time and resources.

Expense of Engaging a Houston Contract Attorney

The cost of hiring a contract attorney can greatly depend on the type of lawyer you seek to hire. Some contract attorneys in Houston, Texas may charge by the hour (the more experienced and sought after contract attorneys tend to charge this way), while other contracts attorneys may charge a flat rates, and there may be a few contract attorneys that charge on a contingency basis. Since Houston contract attorneys tend to charge by the hour, the largest factor that comes into play when evaluating the cost of hiring a contract attorney is typically the length of the assignment. Finally, pricing on a contract attorney may also depend on the specific area of the law the contract attorney practices.

Selecting an Appropriate Contract Attorney for Your Situation

When it comes to finding the right contract attorney in Houston, TX for your specific needs, there are a number of resources available to you, as well as questions that you can ask yourself and your perspective attorneys and law firms that will help you determine which one is the best fit for your particular contract or legal needs. The following are a few steps that you can take during the decision-making process: Determine exactly what kind of contract or contractual issue you need help with. In some cases, you might just need an initial contract reviewed by an attorney, while in other cases you might need an agreement drafted. Thoroughly evaluate what your needs are so you can make the right decision when hiring the right contract attorney in Houston for the job. Perform online research regarding law firms in the area, checking their experience, reputation and online reviews in order to get a better idea of what past clients think about their services. Consider interviewing a few of them over the phone to find out more about what they have to offer , and whether or not you feel comfortable asking them to represent you in your contract issue. You can even set up an initial meeting with these firms or attorneys to discuss your case. Make your decision based on whether or not you feel confident that an attorney in Houston will be able to handle the legal matters associated with your case. The attorney should not only be able to handle your case from a legal perspective, but also be able to understand the non-legal aspects of it as well. The things that happen after your contract has been finalized can be just as important as the contract itself, so you want to choose an attorney who understands this and will be there to help should some of these non-legal issues arise. Once you’ve made your decision as to who will represent you in your legal matter, your final decision will likely hinge on a couple of factors: Whether you have a good rapport with that attorney, and whether or not you believe you have a solid chance of being successful in your case or arbitration.