The Template Trap: Why Your Business Deserves More Than One-Size-Fits-All Contracts

There is a common practice in the world of contracts, which is more complex than most people think. That practice is use of legal templates as a substitution for legal counsel. Entrepreneurs and other non-lawyers often opt for the convenience of starting with a pre-existing document, making their own adjustments, and assuming it will sufficiently protect them. Unfortunately, this often leads to unforeseen complications, like lingering details from previous contracts or critical omissions. Recognizing the need for a standardized solution, teams turn to templates, but this apparent shortcut might not be as reliable as it seems. 

In this blog, we unravel the risks associated with templates when it comes to protecting your trademarks, copyrights, and patents. At Trestle Law, we're more than legal counsel; we're partners dedicated to securing your brand's future. Discover why choosing personalized legal representation over templates is a crucial step towards safeguarding your intellectual property assets. Join us in understanding why a template is never a substitute for the expertise of a dedicated attorney. 

Photo by Alexander Suhorucov via Pexels 

The Template Temptation

When you click that button to purchase a template, buried in the terms and conditions is a crystal-clear declaration. You're not hiring legal counsel; you're getting a document, plain and simple. So, when trouble knocks, don't expect the lawyer who drafted the template to ride in on a white horse. They're NOT your lawyer. 

The Risk of Templates

Imagine buying a contract template from an online attorney who advertises on social media. However, the fine print discloses that the lawyer who created the template is not your attorney. This means that if any complications arise, as we mentioned previously, you will have to interpret the agreement on your own. This is particularly risky when dealing with agreements that involve intellectual property, such as trademarks, copyrights, and patents. 

This happens even if you purchase a high-quality legal template, it is often tailored to specific situations. If circumstances change, the template may not be adaptable. For example, you may buy a template for hiring an independent contractor, but if you are in California and the template was drafted by a Michigan attorney, California law may interpret your “independent contractor” as an employee. This risk is amplified when dealing with agreements that affect intellectual property (IP). 

 

DIY Pitfalls – Editing Agreements Alone Does NOT Work 

Intellectual property is a valuable asset for all businesses in today's constantly evolving commercial world. Your brand, digital products, content, and other intellectual property are all closely connected. Therefore, every agreement you make will likely involve these assets. However, the way you plan to use your intellectual property may differ from what the template's attorney had in mind. It is important to carefully review and tailor any legal agreements to ensure that your intellectual property is fully protected. 

It is common to assume that you can draft agreements involving intellectual property on your own. However, it is important to keep in mind that this requires a certain level of experience and knowledge. Without a legal background, the increased risk of making mistakes increases significantly! While it may seem doable, only a few people can draft such documents effectively and accurately without any training. So, do NOT take your chances and seek expert legal advice. 

The Attorney’s Perspective

Here at Trestle Law, understand that it's important to address any potential doubts, and clarify that the argument being made is not just for personal gain. It goes beyond just securing business and is focused on protecting the interests of those who may be unaware of the risks associated with relying solely on templates. The key point to emphasize is that using a template cannot be equated with hiring a lawyer, particularly when it comes to matters of intellectual property. This distinction is crucial and needs to be recognized.  

Building Relationships, Not Just Agreements

Choosing a lawyer to draft a legal contract or agreement is more than a one-time transaction; it is the start of a trustworthy relationship. This relationship can prove invaluable in the long run, providing a familiar face to turn to for advice or future legal assistance. When a crisis emerges, your attorney already knows your business, potentially offering more efficient and tailored solutions. 

Additionally, templates lack this personal touch, they established no connection to the attorney who drafted them. If later on you need legal assistance due to an issue stemming from that template, you’ll likely incur higher costs the if you’d initially hired an attorney. 

Caveat Emptor – Buyer Beware: Making Informed Decisions 

Ultimately, it is up to the buyer to decide whether or not to use a template. However, the old saying "buyer beware" still holds true. At Trestle Law, located in San Diego, California, we encourage businesses to carefully consider the potential risks of relying solely on templates and recommends taking a thoughtful approach to legal agreements.  

If your business requires specialized advice on intellectual property, such as trademarks, patents, or copyrights, seeking guidance from an experienced attorney at Trestle Law can help ensure that your business navigates legal waters smoothly, avoiding any issues that templates may unintentionally cause. 

Navigate Legal Waters, Ensure Success: Trestle Law, APC at Your Service

Located in sunny San Diego, California, Trestle Law extends its legal services to clients not only across the United States but globally as well.

Whether you're navigating the complexities of intellectual property, contracts, or any legal documents in California, Trestle Law ensures your legal needs are met with excellence. Schedule a FREE consultation with our team of expert intellectual property attorneys, simply dial 619-343-3655! 

Trestle Law is committed to assisting you in unlocking the true potential of your intellectual property, and navigating legal waters when it comes to drafting contracts.  Our ultimate goal is to help you Build a bridge from your brand to your bank account™, ensuring the protection and prosperity of your intellectual assets, no matter where you are located.