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Can you write your own contract?

People write their own contracts constantly. Here is what the paper has to name to be readable, and the point where the question stops being a writing problem.

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contracts.io

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In one line. People write their own contracts all the time, the writing is rarely the hard part, and the difficulty is almost always that the paper never named something the two sides had not actually agreed.

It is one of the most common questions typed at a search box beside the word contract, and it usually arrives at a particular moment: somebody has said yes on a call, the work starts on Monday, and there is nothing on paper.

The question underneath it is not really about permission. It is about whether the thing you write yourself will be worth anything.

Can I legally write my own contract?

People write their own constantly. Whether a particular agreement is enforceable is decided by the law it is read under and by what the two sides actually did, never by who typed it. What goes wrong is almost never the writing itself, and it goes wrong in three recognisable ways.

The first mistake is thinking the problem is language. It is not. Contracts written in plain sentences read better and go wrong less often than contracts written in borrowed formality, and nobody is helped by heretofore. Writing the deal in the words you would use out loud is the good version, not the amateur version.

The second is copying a document without reading it. A contract taken from an old job, or from a friend in a different trade, arrives full of decisions somebody else made — about ownership, about liability, about a jurisdiction that has nothing to do with you. Every clause in it is an answer to a question, and the questions were not yours.

The third, and the one that causes the actual trouble, is leaving out the parts that felt obvious. What happens if it takes longer. What happens if the client stops answering. Who owns the files. What "done" means. Those are the parts nobody writes because both sides assumed the same thing, and they are the parts every argument is about later.

What the paper has to name

A home-written agreement that names these tends to hold up as a document, whatever else is true of it.

Both parties, properly. Legal names, not first names or trading nicknames, and an address each.

The work, specifically. Not a category. What is being delivered, in what form, and what is outside it.

The money. How much, what triggers each payment, when it is due, what happens when it is late.

The dates. Start, duration, milestones if there are any, and how the arrangement ends — including who can end it early and with how much notice.

Ownership. Who owns what gets made, and when that ownership moves.

Confidentiality. What each side may repeat.

The governing law. One line naming which body of law reads the words if anyone ever has to. What that clause decides is short and worth the ten seconds.

The signatures and the date. With a version of the document that does not move afterwards.

The parts a contract usually names goes through the same list with more care.

Do you need a lawyer to write a contract?

Not to write one. The interesting question is whether you need one to be comfortable with what you have written, and that depends on the deal rather than on the drafting.

The things that push a deal toward professional advice are fairly consistent: the amount of money involved relative to what you can afford to lose, whether anything is being given away permanently rather than for a term, whether people or property or personal liability are involved, whether the arrangement crosses borders, and whether the document was handed to you by the other side rather than written by you.

That last one is worth its own sentence. Reading someone else's contract carefully is a different skill from writing your own, and it is the situation in which most people are actually operating.

Where a lawyer earns the fee

On the parts where the answer is not in the document at all.

Whether your particular arrangement is enforceable where you are. Whether an employment relationship has quietly been created. Whether a limit of liability holds. Whether a clause you were handed does what its heading claims. Whether local rules override what the two of you agreed — which they sometimes do, particularly around homes, employment and consumers.

None of that is drafting. It is judgement about law and facts, and it is the honest edge of what any product page can tell you. Ask a lawyer when the answer to one of those would change what you do.

At the door. contracts.io makes paper, not legal advice. The field on the front page takes one sentence describing the deal and reads back a whole contract in plain language, with the parts above named rather than assumed — and nothing runs before you sign in. The templates catalogue lists every kind of paper the site describes, and the governing law pages list every legal system a contract here can name, from England and Wales to California.

Sources

The primary pages behind this post. Each one is the publisher's own, and each says more about its subject than a page of ours can.