Choosing an attorney to draft a contract you'll rely on for years
Pick an attorney to draft your contract based on industry depth, reliable turnaround, and willingness to iterate. Here's what to weigh.
You've just started a business partnership, or you're formalising a long-term arrangement with a supplier or client, and you need a contract that will actually protect your interests if things go wrong. A template won't do. You need an attorney who understands what you're building, how to anticipate friction points, and how to write clauses that hold up when tested. The difference between picking the right one and settling for convenience can cost you thousands down the line.
Most people hire an attorney because they know one, or because they found someone affordable, or because they're in a rush. That's backwards. When you're commissioning a contract you'll rely on for years, three specific factors matter more than familiarity or price.
Depth in your industry, not just contract law
An attorney who has drafted dozens of contracts is not the same as one who has drafted dozens of *your type* of contracts. If you're a freelance consultant setting terms with retainer clients, you need someone who understands what retainer disputes look like, what payment traps exist, and what scope-creep clauses actually work in that space. If you're in hospitality or manufacturing or construction, the contract risks are different.
When you first contact an attorney, ask them directly: have you drafted contracts like mine before, and for how many clients? Push past a yes or no. Ask them to describe a common dispute they've seen in your sector, and how they'd address it in writing. Their answer will tell you whether they've sat in rooms where these agreements broke down, or whether they're just applying generic contract theory to your situation.
Attorneys who specialise in your field usually charge more than generalists, but they catch problems a generic drafter misses—problems you'd otherwise discover at the worst moment, when the relationship is breaking down and you're arguing over what a clause means.
Track record of actually finishing the work
A contract takes time to draft properly. It's not a weekend project. But there's a difference between thorough and slow, and between a careful process and one that stalls.
Before you instruct an attorney, ask them: what's your typical turnaround for a contract like mine, and what does your process look like? Do they have a draft framework ready, or are they starting from scratch each time? How many drafts do they usually do before the client is happy? Do they have a project tracker, or will you be chasing them for updates?
Many contracts fail not because the attorney is incompetent, but because the work gets lost in a backlog, or because communication breaks down halfway through. You want someone who has a system, gives you a timeline upfront, and sticks to it. That usually means a smaller firm or a solo attorney with a clear workload, not a partner at a large practice who delegates to juniors and disappears.
Also ask: do you charge by the hour, or do you quote a fixed fee for this type of work? Fixed fees are cleaner for this kind of job—you know your cost upfront, and there's no incentive to drag the process out.
Willingness to iterate with you, not at you
Your attorney's job is to capture what you actually want the contract to do, then translate that into bulletproof language. This requires back-and-forth. Some attorneys listen, draft, and hand you a finished product. Others ask questions, share drafts early, and refine based on your input.
The second approach takes longer initially but saves weeks of revision later. Early in a conversation, ask an attorney: how do you work with clients on contract drafting? Do you provide a draft outline first for feedback? Do you expect to go through several revisions? Do you explain your clauses as you draft, or just deliver the final document?
You're looking for someone who sees you as a partner in the drafting process, not a client to process. A good attorney will push back if your request doesn't make sense or creates exposure, but they won't dismiss your input. They'll also explain *why* they've structured something a certain way, so you understand the contract you're signing.
When you're ready to move forward, start by giving a potential attorney a clear, written brief of what the contract needs to achieve and who the other parties are. Then ask for a timeline and a process outline before you confirm the engagement. Strove lists verified attorneys who take contract work—you can see their experience profiles, read what previous clients have noted, and compare a few before deciding.
Common questions
- Why does it matter if an attorney has experience in my specific industry?
- An attorney familiar with your sector understands the typical disputes, payment structures, and risk points that arise in your type of work. They'll anticipate problems a generalist misses and write clauses that actually work in practice, rather than applying generic contract theory to your situation.
- Should I expect the contract to go through multiple drafts?
- Yes. A proper drafting process usually involves back-and-forth refinement. Ask your attorney upfront how many revisions they typically do and what the timeline looks like. This prevents frustration later and helps you understand whether they're working with you or just handing you a finished product.
- Is a fixed fee or hourly rate better for contract drafting?
- Fixed fees are usually clearer for defined work like contract drafting—you know your cost upfront and there's no incentive to drag the process out. Hourly rates work if you expect significant iteration or if the scope is very unclear at the start.
- How can I check that an attorney is legitimate before I instruct them?
- Ask them for their roll number and verify they're registered with the Law Society of South Africa. You can also ask about their professional indemnity insurance and whether they're a member of any relevant legal associations or practice groups in your sector.
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