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Home Q&A Forum Can I draft my own consulting agreement?

Business Contracts

Consulting Agreement

North Carolina

Asked on Nov 8, 2023

Can I draft my own consulting agreement?

I am a small business owner who is looking to hire a consultant to help with my business strategy. I am interested in drafting my own consulting agreement, but am unsure of the legal requirements and implications of doing so. I want to make sure I am following all of the necessary legal guidelines to protect both myself and the consultant.

1 Attorney answer


Business Contracts

North Carolina

Answered 248 days ago

N'kia N.

ContractsCounsel verified

Business Lawyer
Licensed in North Carolina
Free Consultation

A small business that wishes to draft an agreement for hiring a consultant should consider various legal requirements and implications. For just a few examples: 1. An agreement is not a valid and enforceable "contract" unless it contains certain essential elements. 2. Issues like ambiguity, contradiction, and vagueness in an agreement can be (and sometimes must be) interpreted against the drafting party. 3. Drafting an agreement for a person who will be providing individual services is a factor that could be used to interpret the relationship as "employment" when it was not intended to be. Since consultants are usually experts of some sort, they often make their living by providing their consulting services to numerous clients. Therefore, most consultants have their own consulting agreements to present to their prospective clients. A knowledgeable North Carolina attorney can assist with drafting, reviewing, or negotiating a consulting agreement. Even if you decide to handle a consulting agreement on your own, a legal consultation can provide guidance to help you get things started on the right foot. Good luck!

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