You make great points. One of my law professors always said, "clear communication makes for long relationships." He was a small town lawyer that explained our job included:
- making sure both parties understood exactly what the contract meant (legally, businesswise, etc.), and
- asking the parties to talk through any issues (business, legal, etc.) that could arise and how they might want to handle the issue.
Different parties cover these two points in all sorts of ways. You're right, it doesn't necessarily make sense to hire an attorney when the parties are on equal footing, experienced, clearly understand each other's duties, and don't really disagree on how to proceed should an issue arise.
It's kind of like hiring a designer/firm for a website. Some will overcharge for a Wordpress template or they might charge big fees to give you a robust solution that is extreme overkill for your application. But, if you find the right designer/attorney, they will work with you to meet your financial and business needs. That seems to be the hardest part.
Different parties cover these two points in all sorts of ways. You're right, it doesn't necessarily make sense to hire an attorney when the parties are on equal footing, experienced, clearly understand each other's duties, and don't really disagree on how to proceed should an issue arise.
It's kind of like hiring a designer/firm for a website. Some will overcharge for a Wordpress template or they might charge big fees to give you a robust solution that is extreme overkill for your application. But, if you find the right designer/attorney, they will work with you to meet your financial and business needs. That seems to be the hardest part.