Questions to ask before an attorney drafts your services agreement

A well-drafted services agreement becomes the foundation of your business relationship. It sets out what each party does, when payment arrives, what happens if things go wrong, and how the arrangement ends. But before you hand cash over to an attorney, you need to know whether they'll actually listen to your deal or just load up a template and fill in your name.

The interview happens first. You're not just checking they're qualified—you're gauging whether they'll ask the right questions back, understand your specific risk, and translate your arrangement into language that holds up under pressure.

Questions that separate a thoughtful drafter from a rubber stamp

Start with their opening move. Ask: "Walk me through how you'd approach drafting this agreement—what would you want to know first?"

A sharp answer names specifics. They'll ask about your payment terms, delivery milestones, your client's industry, what happens if either party walks away early, whether liability caps matter to you, or how disputes get resolved. If they jump straight to "I'll send you a template and we'll fill it in," that's a sign they've already drafted the structure in their head.

Next, probe what they assume. Say: "Are there any clauses or protections you'd include by default that I should think about?" Listen for nuance. A thoughtful attorney will flag issues you didn't raise—for instance, that your indemnity clause might expose you if a client claims your work infringes their competitor's copyright, or that your termination clause leaves ambiguity about payment for half-completed work. If they say "Nothing unusual—depends on what you want," they're punting the heavy thinking to you.

Test their willingness to challenge you. Ask: "If I told you my payment term was 90 days after invoice, what would be your concern?" A good drafter will voice the cash-flow hit, the enforcement risk if the client disputes the work, and whether you can afford the float. An evasive one will say "We can write whatever you like." You want someone who spots friction before signature, not after.

Now ask about their experience with your client's sector. "Have you drafted agreements for service providers in [your field]?" This matters. An attorney who regularly drafts for consulting, software, design, or tradework knows the common disputes and the clauses that save headaches. If they haven't, ask whether they'll research your industry's norms—or if they expect you to teach them.

Red flags and what good answers sound like

When you describe your deal, listen to how they respond.

• Evasive answer: "This is fairly standard—nothing to worry about." You haven't told them anything yet. Standard for whom? The drafter or the party paying you?
• Good answer: "That's a common arrangement. Let me ask you a few things so I can spot where you might be exposed."

• Evasive answer: "We'll see what comes up once I draft it." Discovery should happen before the pen touches paper, not after.
• Good answer: "I need to understand your cash position, your client's appetite for liability caps, and how you handle scope creep before I write a word."

• Evasive answer: "You'll need to negotiate this with your client once they see a draft." That's often true, but a capable drafter will sketch out what you might push back on.
• Good answer: "I'll draft a version that protects your position strongly. If your client won't accept it, we'll work through the tradeoffs together."

Before you commit, confirm the fee structure. Ask what's included—is it a flat fee to draft from scratch, an hourly rate, or revision caps? What happens if your client pushes back and the agreement needs rounds of edits? A clear answer here prevents bill shock later.

Lastly, check they're on the roll. Ask for their LSBC (Law Society of South Africa) practice number and confirm it's current. This takes two minutes and matters every time.

The right attorney listens more than they talk in the first meeting, asks about your specific constraints, flags risks you hadn't thought of, and explains their thinking. You're not paying for a template—you're paying for judgment. Finding an attorney who gives it is the whole game. Search Strove for verified legal practitioners in your area and read their client reviews; most will tell you whether they'll actually defend your interests or just push paper.