Complex Contracts

 

Tom Rand has extensive experience in drafting contracts and litigating contract disputes. This experience gives him the capacity to "think outside the box" and create innovative strategies to get your case settled fast, without breaking the bank.

 

When drafting a complex contract, Mr. Rand draws on decades of legal experience. His experience with contract law includes litigation involving various legal contracts, complex contracts, and breach of contract cases related to many different types of contracts; as well as extensive involvement in pre-lawsuit negotiations. In order to avoid future disputes over contract language, and to make legal contracts as clear as possible, Tom Rand considers all his past experience with contract law and breach of contract interpretations by other lawyers and courts. There is always a tension in drafting the perfect legal contract, in order to make every contract term and provision absolutely unquestionable, and not a fertile ground for dispute or litigation: on the one hand, the way to achieve absolute clarity, is to spell out every possible item in excruciating detail; on the other hand, every added layer of contract language is more words, and the more words, the more lawyers can find something to argue about, so less can be more. Drafting as well as litigating breach of contract cases is an art, and one cannot approach the dynamic process of contract analysis and interpretation as a black and white science.

 

Where a dispute develops regarding an existing contract, even simple contracts can generate complex legal issues; and where the contract is complex, in the sense of having a length of ten, twenty or more pages, and/or detailed legal wording, the attorney must have a view of the legal forest, as well as the trees. Mr. Rand's first exposure to complex contracts was as a law clerk for a judge of the District of Columbia Court of Appeals, where he did legal research and memoranda writing for the court on complicated contract cases involving insurance coverage, lawsuit settlements and Consent Orders, and other contract cases. Since then, contract law has been the bread and butter of his law practice, although he regularly practices in other areas, such as negligence and personal injury, i.e., car accidents, family and divorce law, and construction law.

 

Tom Rand has experience in litigating complex contracts against large law firms; there are economic and tactical advantages in having a lawyer with a small firm on your side, instead of a large, hierarchical organization. When the need arises, he has experienced colleagues upon whom he can rely for assistance.