HE DEVIL is in the details” is both an apt description and a warning for busy practitioners. In today’s world of preprinted forms and word processor documents it is easy to gloss over the details of the transaction and rely upon a preprinted form. However, by relying upon the preprinted language of form contracts, escrow agreements and other “boilerplate” documents or by not clearly reflecting your client’s intentions in the document itself, a client may not be afforded the best legal position.
Sometimes a standard legal document does not contemplate all aspects of a client’s transaction, or more often, does not sufficiently clarify each party’s rights and positions relative to the transaction. Equally important is the ever present need for clear drafting which will avoid future questions concerning the intentions of the parties to the instrument. Although all parties may walk away from a conversation feeling as though they are in agreement, it is the written document evidencing these agreements that will control when a dispute arises requiring a court to determine the meaning and intention of the parties.
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