“A contract is a document of last resort, should compromise and common sense between the parties fail.”
- Not sure of attribution, but I was taught it 31 years ago, with instruction to never, ever forget it
I don’t know if they teach the quote above in law school or not, but I know I’ve used it a few hundred times in negotiating with people who spent a lot more on education than I did, and not once have I had the statement disputed.
If we’re Difference Makers, our contracts are simple. They have no “heretofores” or “whereas” in them. They use straightforward language to describe what we’ll do, what the other party will do, and how we’ll compensate each other, with an exchange of value spelled out. Their intent is as clear as their content if everyone has their “poop in a group.” (The DD is usually a family-friendly blog…)
Some contracts only come into play where compromise and common sense have already failed. Miserably. Corporate or civil, they make me sad. They’re signed with resignation, not hope. They’re executed as an admission of failure, not promise. They’re only good for the people who spent a lot more on their education than the signatories have.
On the other hand, two current Heston Group Clients are among the best I’ve ever encountered. Everything we do is based on mutual trust earned by open conversation, agreement on what problems we will work together to solve, and an understanding that those problems might not be the only ones we encounter. We’re quick to weigh in where our expertise is needed and stand aside when we’re out of our element. We delight in teaching each other the things we know that the other needs to know for us to be more mutually successful. We give open access to people around us who can help.
With these Clients, common sense and compromise almost supersede the need for paper. We’re not dumb or naive, so of course we have “paper” in place, but I bet those documents never come out of the drawer once they’re drawn up. Heck, I dang near guarantee it!
Intent matters. Especially to Difference Makers. Common sense and compromise are under-valued. But not by Difference Makers. What we do next is where the difference gets made, paper or not.
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