A remote-working professional asks a guest writer from the Association for Consulting Expertise: How do I make my proposal legally enforceable?
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Q: I’ve worked remotely for over a year now, and now that everyone embraces remote technology, I’ve been thinking about taking on some side gigs. One potential client would like to start a project soon, and I’d like to start out with a professional proposal. What “legalese” do I absolutely need to include to make it enforceable once the client signs?
ACE Advises: Everyone hates legalese, so why do you want to sound like a lawyer? Use plain English. When contracts fall apart it is usually because the parties have different expectations, not because of missing magic words. You have my permission never to use whereas, wherefore, whereunder, whereof, such, heretofore, in witness whereof, aforementioned, said, whereupon, parties of the first or thousandth part, and anything Latin.
Focus on Specificity, Measurability, Achievability, Reality, and Timeliness. Sound familiar? These are the same S.M.A.R.T. goals used in project planning.
Specificity: Here’s a truly awful description — “Taking into account a multi-faceted approach, gather and report on possible project risk in timing.” What facets? What kind of risks? What is “risk in timing?” Name the facets. Identify the risks.
Measurability: Never forget that service providers’ deliverables descriptions are written for the client. Tell your client what topics your report will address, what data will you gather, and how you will present it.
Achievability/reality: Under-promise and over-deliver. Service providers can avoid “scope creep” by identifying what is NOT included.
Timeliness: Use specific dates and times, but don’t expect the world to cooperate. If timing depends on matters outside of your control or on the client providing something, say so. Timely payment should be one of the terms.
Once you’ve added your pricing, and your client has agreed, 90% of the time you will have an enforceable agreement. I recommend that you run your first attempt by your lawyer, who may have useful legal terms and strategies to add and will collaborate with you on a” safe to sign” standard template.
Carrie Green Yardley is an attorney at Yardley Esq. PLLC, a law firm providing services to small businesses and their owners from start-up through estate planning. She can be reached at carrie@yardleyesq.com.
