Home Blog Memorandum of Understanding Drafting: Key Terms, Tips, Lawyer Help

Memorandum of Understanding Drafting: Key Terms, Tips, Lawyer Help

Jump to Section

Quick Facts — Memorandum of Understanding Lawyers

What is Memorandum of Understanding Drafting?

A Memorandum of Understanding (MoU) agreement is a formal document between parties who are collaborating for a specific purpose, such as if they are going to establish a contract for a working relationship. It clarifies their intentions and can be described as a roadmap for what they hope to achieve.

If you need to draft a Memorandum of Understanding, you should read the rest of this article. Uncover the key terms to include in the formal agreement, how to draft it, and when to consult with a qualified lawyer.

What Key Terms are in a Memorandum of Understanding?

There are important terms to include in your MoU. These include the following:

  • Purpose. The agreement should explain the reason for the collaboration between the parties, who should be clearly identified.
  • Activities. This explains what tasks and obligations both parties need to fulfill under the agreement.
  • Description. The agreement or collaboration between parties should be described properly so that it can be distinguished from other dealings.
  • Scope. All activities and projects to be completed will be included in the agreement. However, any limitations should be named to prevent scope disputes.
  • Term and termination. The agreement duration must be specified and how either party can end the agreement, whether with or without cause.
  • Signatures. The Memorandum of Understanding should include space for both parties to sign it.
  • Governing law and dispute resolution. The agreement should state what jurisdiction’s law governs the document and how disputes can be resolved, such as via arbitration.

What are Tips for Drafting a Memorandum of Understanding?

When drafting a Memorandum of Understanding, some important information you should include in it for clarity includes the following.

Identity the Legal Entities

The MoU must include the registered legal entity name of the company, and/or full legal names of all parties. This increases its enforceability for binding clauses.

Consider Hybrid Clauses

Although a Memorandum of Understanding is usually non-binding in nature, you should mention if there are any sections that will be legally binding. These might include exclusivity and confidentiality clauses.

Describe Parties’ Roles

Both parties’ responsibilities should be clearly detailed so that they can align their expectations and requirements. You could also mention what they are hoping to achieve.

Include a No Obligation to Complete Clause

It’s important to specify in your MoU that parties aren’t required to finalize an agreement. The MoU simply states both of their intentions or commitments.

Outline the Financial Terms

If applicable to your specific collaboration, you’ll want to include how costs, funding, or the sharing of resources will be conducted between parties. Establishing this in the MoU provides clarity for both parties moving forward.

Provide a Timeline

It’s important to provide a timeline or milestone expectations so that parties know what’s expected of them. You should mention details, such as the MoU’s effective date, key stages in the project, deliverables, and which party is responsible for completing specific tasks.

Consider Reporting Obligations

To ensure all performance standards and requirements are met, your MoU should specify how check-ins and progress reports will be conducted. This will ensure both parties can evaluate the project success and prevent delays.

How Does a Lawyer Draft a Memorandum of Understanding?

When drafting a Memorandum of Understanding, you might want to consult a lawyer for help. A lawyer has experience in drafting these legal documents so that you don’t neglect any important information.

A lawyer can help you during the MoU drafting process by:

  • Outlining the agreement’s purpose and objectives for clarity.
  • Defining both parties’ roles and duties so they know what’s expected of them.
  • Detailing the scope of the intention. This can include outlining all projects, activities, and tasks.
  • Considering timelines. To keep both parties on track with their goal, a lawyer will evaluate key milestones and review periods.
  • Including confidentiality provisions in the agreement so that you can protect your information.
  • Clarifying the document’s legally binding nature. A lawyer will identify if any provisions are legally enforceable and which ones are not legally binding to prevent disputes.
  • Tailoring the MoU to your specific objectives and transactions. They’ll use clear language that’s easy for all parties to understand.

Where to Find a Lawyer for Memorandum of Understanding Drafting

It’s common for a lawyer to draft an MoU. If you want to find one who’s reputable and experienced, you can use an online legal platform such as ContractsCounsel.

ContractsCounsel is one of the largest online legal marketplaces where you can easily connect with a curated network of vetted lawyers. All lawyers on the platform are experienced and have the expertise to assist you. You can also review their information to help you select the most suitable lawyer for your specific requirements.

To request that a lawyer on the ContractsCounsel platform drafts your Memorandum of Understanding, all you have to do is follow these simple steps online:

  1. Go to the ContractsCounsel marketplace and post your project for free.
  2. You could include some details to help you match with the right lawyer, such as why you require a MoU.
  3. Receive lawyer bids. You’ll receive multiple bids from lawyers directly on the platform.
  4. Review lawyer information to select the most suitable lawyer. ContractsCounsel offers extensive lawyer data on their platform, such as the lawyers’ credentials, client ratings for previous projects, years of experience, and more.
  5. Connect with a lawyer you think is suitable for your requirements and hire them to draft your MoU for a flat fee.

ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


Meet some of our Lawyers

Zachary J. on ContractsCounsel
View Zachary
5.0 (418)
Member Since:
May 27, 2022

Zachary J.

Principal
Free Consultation
Crown Point, IN
7 Yrs Experience
Licensed in IL
The University of Michigan Law School

I am a solo-practitioner with a practice mostly consisting of serving as a fractional general counsel to growth stage companies. With a practical business background, I aim to bring real-world, economically driven solutions to my client's legal problems and pride myself on efficient yet effective work.

Recent  ContractsCounsel Client  Review:
5.0

"Zachary’s review was quick and thorough. He was very helpful and communicative throughout the process."

Ryenne S. on ContractsCounsel
View Ryenne
4.9 (605)
Member Since:
October 11, 2022

Ryenne S.

Principal Attorney
Free Consultation
Chicago, Illinois
16 Yrs Experience
Licensed in IL
DePaul University College of Law

My name is Ryenne Shaw and I help business owners build businesses that operate as assets instead of liabilities, increase in value over time and build wealth. My areas of expertise include corporate formation and business structure, contract law, employment/labor law, business risk and compliance and intellectual property. I also serve as outside general counsel to several businesses across various industries nationally. I spent most of my early legal career assisting C.E.O.s, General Counsel, and in-house legal counsel of both large and smaller corporations in minimizing liability, protecting business assets and maximizing profits. While working with many of these entities, I realized that smaller entities are often underserved. I saw that smaller business owners weren’t receiving the same level of legal support larger corporations relied upon to grow and sustain. I knew this was a major contributor to the ceiling that most small businesses hit before they’ve even scratched the surface of their potential. And I knew at that moment that all of this lack of knowledge and support was creating a huge wealth gap. After over ten years of legal experience, I started my law firm to provide the legal support small to mid-sized business owners and entrepreneurs need to grow and protect their brands, businesses, and assets. I have a passion for helping small to mid-sized businesses and startups grow into wealth-building assets by leveraging the same legal strategies large corporations have used for years to create real wealth. I enjoy connecting with my clients, learning about their visions and identifying ways to protect and maximize the reach, value and impact of their businesses. I am a strong legal writer with extensive litigation experience, including both federal and state (and administratively), which brings another element to every contract I prepare and the overall counsel and value I provide. Some of my recent projects include: - Negotiating & Drafting Commercial Lease Agreements - Drafting Trademark Licensing Agreements - Drafting Ambassador and Influencer Agreements - Drafting Collaboration Agreements - Drafting Service Agreements for service-providers, coaches and consultants - Drafting Master Service Agreements and SOWs - Drafting Terms of Service and Privacy Policies - Preparing policies and procedures for businesses in highly regulated industries - Drafting Employee Handbooks, Standard Operations and Procedures (SOPs) manuals, employment agreements - Creating Employer-employee infrastructure to ensure business compliance with employment and labor laws - Drafting Independent Contractor Agreements and Non-Disclosure/Non-Competition/Non-Solicitation Agreements - Conducting Federal Trademark Searches and filing trademark applications - Preparing Trademark Opinion Letters after conducting appropriate legal research - Drafting Letters of Opinion for Small Business Loans - Drafting and Responding to Cease and Desist Letters I service clients throughout the United States across a broad range of industries.

Recent  ContractsCounsel Client  Review:
5.0

"Great to work with. Very professional, responsive, and quick to address my questions."

Fabian G. on ContractsCounsel
View Fabian
4.8 (5)
Member Since:
May 9, 2023

Fabian G.

Managing Attorney at GV LAW
Free Consultation
Miami, Florida
5 Yrs Experience
Licensed in FL
University of Miami School of Law

Fabian Garcia Villanueva is the Managing Attorney and Founder of GV Law PLLC, a premier boutique law firm delivering Big Law level representation to clients across corporate, transactional, and regulatory matters. At GV Law, Mr. Garcia leads a multidisciplinary team that advises business owners, investors, and professionals on complex transactions, strategic growth initiatives, and compliance across multiple sectors including healthcare, finance, real estate, technology, and international business. The firm handles everything from business formations and cross-border transactions to mergers and acquisitions, private offerings, commercial agreements, and ongoing legal operations support. Known for precision, strategic thinking, and relentless attention to detail, Mr. Garcia brings the rigor of top-tier law firms into a modern, agile practice. GV Law’s clients include emerging ventures, established corporations, and high-net-worth individuals seeking first-class legal partnership built on trust, efficiency, and results.

Recent  ContractsCounsel Client  Review:
5.0

"Good work, on time, good communications - very smooth process."

Scott S. on ContractsCounsel
View Scott
5.0 (66)
Member Since:
October 27, 2021

Scott S.

Attorney
Free Consultation
New York, NY
19 Yrs Experience
Licensed in NY
Benjamin Cardozo School of Law

I specialize in business law and contracts, with an emphasis on commercial transactions and negotiations, document drafting and review, employment, business formation, e-commerce, technology, healthcare, privacy, commercial real estate, data security and compliance. Specifically, I've drafted, reviewed and/or negotiated thousands of MSA's, NDA's, TOS', SAAS, sales, service, managed services, referral, reseller, royalty, finder’s fee, employment, contractor, consulting, advertising, marketing, manufacturing, distribution, management, artist, author, agency, photography, rental, lease, vendor, partnership, website, platform, application, privacy, non-compete, non-circumvent, confidentiality, IP ownership and licensing agreements so I'm very familiar with these types of documents. Practicing law since 2006, I worked in-house before starting my own solo practitioner law firm in 2011. I've worked with individuals and start-ups, Fortune 500 companies, and every type of entity in between, always providing quality legal work that fits the exact needs of the person and/or business. I’m a graduate of the Benjamin Cardozo Law School and also have an English degree from Penn.

Recent  ContractsCounsel Client  Review:
5.0

"Scott helped me reviewed the contracts and saved me from getting into a trap of an outsourced sales services provider from Philippines and Australia"

Odini G. on ContractsCounsel
View Odini
5.0 (8)
Member Since:
August 7, 2024

Odini G.

Attorney
Free Consultation
Aspen
19 Yrs Experience
Licensed in CO, GA, NY
Emory University School of Law

I am an accomplished attorney with more than 19 years of experience and extensive expertise in business negotiations, commercial contracts, and technology transactions. With a proven track record of providing strategic legal advice and delivering exceptional results, I have successfully assisted numerous clients in drafting, reviewing, and negotiating various business arrangements. My experience encompasses a wide range of areas, including intellectual property, data privacy and security, SaaS agreements, and software licenses. I co-founded a reputable general corporate law firm with three offices in Aspen, Atlanta, and New York. As a partner and attorney, I represented diverse clients, including start-ups, public corporations, investors, financial institutions, educational institutions, and non-profit entities. With a focus on delivering comprehensive legal solutions, I provided general counsel, expert dispute resolution, efficient litigation management, and skillful contract drafting and negotiations for businesses across industries.

Recent  ContractsCounsel Client  Review:
5.0

"Supremely responsive and works surprisingly quickly. Strongly recommend!"

Donya G. on ContractsCounsel
View Donya
4.9 (61)
Member Since:
July 11, 2020

Donya G.

Contract, M&A, E-Commerce Attorney; Contract Dispute and Dispute Resolution Specialists
Free Consultation
United States
26 Yrs Experience
Licensed in CT, NY
Pace University School of Law

I am a Contracts and Mergers & Acquisitions Attorney with more than 25 years of diverse legal and business experience. My practice focuses on mergers and acquisitions, commercial contracts, contract dispute resolution, and a broad range of business-related legal matters. I have extensive experience managing and closing transactions across a variety of industries, including SaaS, IT, eCommerce, franchises, agencies, and food services. I take a practical, business-oriented approach to transactions, helping clients efficiently navigate complex deals from initial structuring and negotiation through execution and closing. My combined legal, litigation, financial, and business experience allows me to deliver strategic, efficient, and practical solutions tailored to my clients’ objectives, whether in deal negotiations, contract structuring, dispute resolution, or complex business transactions

Recent  ContractsCounsel Client  Review:
5.0

"Donya was an amazing partner and was very patient and diligent in dealing with the APA and OA. I highly recommend her as she knows her stuff, is confident, and always has your back."

Carlos C. on ContractsCounsel
View Carlos
Member Since:
July 11, 2020

Carlos C.

Attorney-at-law and Certified Public Accountant
Free Consultation
Atlanta, GA
30 Yrs Experience
Licensed in DC, FL, GA
Inter American University

Carlos Colón-Machargo is a fully bilingual (English-Spanish) attorney-at-law and Certified Public Accountant (CPA) with over twenty years of experience. His major areas of practice include labor and employment law; business law; corporate, contract and tax law; and estate planning. He is currently admitted to practice law in Georgia, Florida, the District of Columbia and Puerto Rico and currently licensed as a CPA in Florida. He received a Master of Laws from the Georgetown University Law Center in 1997, where he concentrated in Labor and Employment Law (LL. M. in Labor and Employment Law) and a Juris Doctor, cum laude, from the Inter American University.

Find the best lawyer for your project

Browse Lawyers Now

See Real Memorandum of Understanding Projects

Delaware Memorandum of Understanding Drafting
  • Delaware
  • 2 lawyer bids
  • $695 - $2,000
View Details
Texas MOU between two Insurance Agencies Drafting
  • Texas
  • 7 lawyer bids
  • $490 - $1,175
View Details
California Memorandum of Understanding Review Review
  • California
  • 4 lawyer bids
  • $399 - $950
View Details

See all Memorandum of Understanding projects

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Need help with a Memorandum of Understanding?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 21,905 reviews
CONTRACT LAWYERS BY TOP CITIES
See All Business Lawyers
MEMORANDUM OF UNDERSTANDING DRAFTING LAWYERS BY CITY
See All Memorandum Of Understanding Drafting Lawyers

Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.

View Trustpilot Review

I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.

View Trustpilot Review

I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.

View Trustpilot Review

Need help with a Memorandum of Understanding?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 21,905 reviews

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city