practicePRO Resource: Checklist for commercial transactions
Many commercial matters involve the preparation of one or more documents. These documents are drafted based on communications between the parties to the document and/or their respective lawyers, the specific circumstances of the matter and applicable substantive law.
While the majority of commercial deals in Ontario are concluded without difficulties, all too often LAWPRO sees claims arising due to various real – or alleged – problems with the documents that lawyers have prepared for clients on commercial matters (see this earlier post on the dangers of drafting errors on commercial documents) These problems frequently arise due to communications problems between the lawyer and client.
Our checklist for commercial transactions contains a series of questions lawyers should ask themselves to help ensure that the commercial documents they are drafting correctly reflect the client’s instructions and expected
results. By following the steps in this checklist, you will be taking steps to proactively manage your file and address the areas where communication problems most commonly occur. You will also be creating a paper trail that could be invaluable in the event your client sues you for negligence.