Contract Drafting- By Attorney Patrick J. D’Arcy

Historic Gravenor Hall, Georgetown University

Patrick J. D’Arcy, A Professional Law Corporation, in Irvine, California, has drafted hundreds of contracts, including those of substantial complexity. Recently, the firm drafted the purchase agreement, amendments, escrow instructions, note, deed of trust, EPA indemnifications and the buyer’s guarantees for a complicated sale of a shopping center. Too often, when things go “wrong,” it can be traced to an ambiguous phrase or a misunderstanding of “key” deal points. Never leave such matters to standardized or “boilerplate” agreements, and NEVER accept that what is handed to you is “typical” and reason enough to sign. A poorly drafted contract can create years of litigation headaches and cost you a fortune.

For instance, a successful executive was selling a stake in his company. He handed me the “draft” by the buyer’s attorney, and said, “The other side’s lawyer has already drafted it. Should be easy and a snap.” Think about that for a moment. The “draft” came from the buyer’s attorney, and loaded with vague and fuzzy land mines that are buried now, but aching to blow up years later. When things go great, the buyer capitalizes on these land mines and ambiguities to extract more from you. When things go bad, he uses the same tricks to disavow liability. Give us a call. Our standard rates for contract drafting range – depending on complexity – from $350 – $500 per hour. While it is easy to compare rates, the “cheaper” lawyer might actually take longer (and cost you more), or do a shitty job (and really cost you more). Our rates are based on the skill needed to get the job done right. We are really good at taking complexity and reducing it to clarity. We don’t draw the process out, and are highly efficient with our time. We cost less than the premier firms where I previously worked. At premier firms, you will usually pay much more than $500 per hour. We go up against the largest firms and their drafts are not better, just more expensive. It is easy to simply lump all attorneys in the same group, and compare based upon an hourly rate. That is a mistake. Experience matters. Also, we, like any business, want our clients to be happy, so we have no incentive to find ways to charge you more.

The firm can draft documents for just about anything related to your business, including buy-sell agreements, partnership agreements, contracts for the sale of real estate or personal property, the purchase or sale of any aircraft or yacht (plus any management agreements if you intend to co-own the aircraft or yacht with other investors).

Mr. D’Arcy has drafted just about every type of agreement involving the sale or lending against real estate, including deeds of trust, grant deeds, easements and leases, as well as terminating the air space rights above a hotel.

Mr. D’Arcy drafted a comprehensive ownership agreement among six investors for an expensive yacht.  This agreement governed their responsibilities as owners, the dates each investor would have exclusive use, insurance needs, regulations and grounds for dissolution or buyout.

Mr. D’Arcy also represented the purchaser of a helicopter, and drafted the contracts used to transfer title in compliance with FAA regulations, plus the necessary releases and indemnification of airworthiness.