Use a client’s contracts versus your own

– Many clients have standard contracts they use for MSAs, SOWs, and services agreements. Sometimes they’re written fairly from the outset. Other times they’re very one-sided in the client’s favor. There are several benefits to using the client’s standard contract. They’re preapproved on the client side, so there won’t be delays and extensive negotiation required to get them approved. You’ll save on legal expenses because you don’t have to draft the contract. You can use the vast majority of the client’s contract and suggest changes to clauses you find objectionable or problematic. There are also drawbacks to using the client’s standard contract. They can be very one-sided. That can make negotiating very difficult. You may have to accept clauses that are slightly favorable to the client just to get the contract completed. Where possible, use your own contracts, as you get to dictate the first draft of contract terms. Just make sure those terms are fair. Otherwise, they’ll be rejected immediately, and you’ll end up having to use the client’s contract anyway.