Consultants’ Forum #1: The Contract

Tue, Nov 18 2008, 7:00 pm              Consultants' Forum #1: The Contract 1

This is the first in a new series called the Consultants’ Forum. This series addresses the most important issues facing consultants, particularly in consideration of the current economic climate. The December forum will address Getting Paid and the January forum will address Marketing.

Consulting contracts are an important but often overlooked aspect of consulting work. Going through a menu of contractual clauses, Nina Yablok will review major clauses that should appear in a consulting contract. Attendees will gain an understanding of why each clause might be used, and what risks might be associated with deleting it.

Contracts will be looked at from the consultants’ standpoint, but standard customer-supplied clauses will also be examined. The goal is to provide the ingredients for a contract that will reduce the consultant’s liability, reduce the risk of non-payment, make enforcement of payment as easy as possible, and not be so one-sided that the customer won’t sign it.

Participants are invited to bring examples of The Worst Contractual Clause Ever. These clauses will likely fit the categories of Least Comprehensible and Most Unfavorable Terms Not Including Pricing.

Here is a pair of sample contracts that Nina discussed at this meeting.

Consultants' Forum #1: The Contract 2About the speaker,  Nina Yablok, Esq., Law Office of Nina Yablok

Nina Yablok’s business and corporate law firm specializes in representing privately held businesses. Many small companies use her as a kind of in-house counsel, and her typical clients range from independent consultants to companies with up to fifty employees.

She is a graduate of St. John’s University School of Law in New York City. She is active with the Business Law sections of both the State Bar of California and the Santa Clara County Bar Association.

Ms. Yablok has written and lectured extensively in the areas of independent contractor relationships and business start-ups. In addition to many magazine articles, she is the author of Minimizing Independent Contractor Disputes Action Guide, published by University of California, Continuing Education of the Bar. She also lectures extensively on topics of interest to consultants and business owners, including:

  • Fundamentals of Entity Formation
  • Business Start-ups and Conversions
  • Independent Contractor Issues
  • Negotiating the Sale of a Business
  • Navigating the Regulatory Maze
  • Avoiding Law Suits 101Nina enjoys working with high-tech companies, and she shares her thoughts on business, law and other topics on her BizLaw Blog.

Location: KeyPoint Credit Union

2805 Bowers Ave., Santa Clara, CA 95051
View Map & Directions