Legal in the Lead when improving Contract Templates
To improve your contracts, it is no surprise that we recommend Legal to take the lead in creating and implementing contract templates, particularly for critical documents such as loan agreements, general terms & conditions, DPAs (data processing agreements), etc.
Depending on the maturity of an organisation, leadership and commercial teams often overlook the necessity of Legal approval, which leads to inefficiencies and the risks mentioned in the previous articles on this subject. Even though it might be perceived as slowing down processes, it is advised to let Legal take the lead when creating, amending and rolling out your companyยดs contract templates.
To illustrate this, see two scenarioยดs that we encounter in practice:
a) Small Businesses and Start-ups: founders or commercial teams in smaller enterprises rely on freely available online templates or self-made documents. While this is an understandable practical approach in the early stages of a company, it is vital to re-evaluate these initial templates in consultation with Legal.
b) Corporates: even in larger organisations with state of the art templates, it is not unusual that commercial and operational teams use their own, unapproved versions tailored for specific products or services. Case study: For example, when advising a company with 120 employees, we encountered 40 different contract templates of the same Sales Contract – one for each product! As the company โ understandably โ had serious contract efficiency issues, we worked on successfully consolidating this into three contract templates.
Contracting is a highly cross-functional activity (or at least it should be).2 Legal leadership is nothing without involvement from the other departments in a company. How to do this, we will explain in the next tip in the series how to improve your contract templates.
Doesnยดt Legal slow down processes?
There is still a common perception that Legal will slow down processes, which is not correct if Legal embraces the possibilities of (i) standardizing and simplifying the contract templates, (ii) working towards the 80/20 Template Ratio and (ii) contract automation. The research on this subject also confirms that โ as we have also experienced in practice in many different companies โ that it will actually speed up your processes. Lastly, this is also substantiated by the interest in Legal Tech & CLM (Contract Lifecycle Management) tools offered that automate and streamline contract processes during key stages in the contract lifecycle.
To improve contract templates, more work will indeed need to be done at the start of the process to ensure that the standards not only contain legal, but also business requirements. Once the contract templates have been created and includes the input from all teams (see next tip 4), the standardized templates can be used without input from Legal โ which will greatly improve the efficiency, scalability and negotiation time for your contracts.
Automation and Empowerment Commercial Team
Once these contract templates are final, these templates can be made available internally and/or externally depending on the type of contract, for example:
online (Terms and Conditions, DPA, SLA (Service Level Agreement)
contract management software (e.g. Customer Agreement, NDA (Non-Disclosure Agreement), Order Forms; and/or
by the commercial teams (Enterprise Customer Contract, Partner Agreements, Master Services Agreement).
It is therefore crucial to have a central repository and/or automate the access to the contract templates to empower the commercial teams to use the contract templates within the agreed framework. Commercial teams need to be enabled to complete and send out contracts (e.g. Enterprise Customer Contracts, NDAs and Partner Agreements) that are made using the template contracts. More on this in point 5 below.
Broadened Scope
Key to this approach is that Legal is not only involved in leading the effort in creating typical contract templates like NDAs, sales or partnerships agreements, but also documents such as Service Level Agreements, Offer Documents and Order Forms. Once these agreements have been agreed by Legal and the rest of the company, they can be used at scale within the agreed framework.
The Role of Legal
Legal should oversee the drafting, implementation and management of these contract templates to ensure accurate and compliant use of the templates across the organization. Once Legal is in the lead of the contract templates and the business is working according to the 80/20 Contract Template โ unsurprisingly – it typically first leads to more work for Legal. This is caused by the fact that Legal now has control over all contracts that are sent out by the company. This is why automation and empowerment of other teams is so crucial.
This brings us to the next points that Legal should focus on: (i) involving other departments in the company and (ii) improving the communication and cooperation with other departments, which we will discuss in our next post
NDAs Explained โ What You Need to Know (part 1)
NDAs ensure that confidential information is used solely for the specified purpose set out between the parties in a business relationship. In the world of business, where ideas, innovations, financial information and secrets are the keys to success, Non-Disclosure Agreements (NDAs) often play an important role in protecting a companyโs confidential information. This article will provide a comprehensive overview of NDAs in the context of Business to Business (B2B) dealings.
What is an NDA?
An NDA, also referred to as a Confidentiality Agreement, is a legally binding contract between two or more parties to protect confidential information which may be shared during the course of their business relationship. More specifically, confidential information is non-public information of a company that could harm the company when it would be shared in public. Usually a list of the Confidential information is included in the NDA, containing for example: trade secrets, know-how, products and technology-related information, discounts, customer lists, sales and financial information, business plans, etc.
Why and when do we need an NDA?
In the B2B context, NDAs can be an essential tool for protecting proprietary knowledge, trade secrets and other confidential data that is important for a company to maintain its competitive advantages. That sensitive information, therefore, should be defined clearly and carefully in NDAs. However, be careful not to define it too narrow to ensure that you have not missed an important category. By using a properly drafted NDA, your company can secure valuable information from competitors or other third parties who may benefit from the disclosure of such information.
Primary objective
The primary objective of an NDA is to ensure the disclosed sensitive information is securely used and handled, preventing its use or disclosure without proper permission and authorization by the disclosing party. An NDA is often signed at the beginning of a business relationship or before entering into a business relationship.
Example
Common example: a technology company is planning to sell and offer specialized software solutions to an enterprise customer. The companies start by discussing how to integrate the software into the customer’s systems to ascertain the price for the integration and the use of the software. For this, the technology company might share insights about their pricing, SLA, policies and software, and the customer, in turn, might explain their challenges and share business plans. While doing so, the companies therefore plan to share documents including non-public, hence confidential information. This is why it is advised that these companies sign an NDA before sharing this confidential information to each other. Such an NDA can be terminated when the parties sign a final customer contract, which should also include confidentiality terms.
How does an NDA protect your confidential information?
Like any other legal contracts, an NDA carries important legal consequences for breach of contract. Depending on the severity of a breach, its consequence can range from lawsuits, financial penalties to – in extreme cases – criminal charges. Breaching an NDA can also harm a party’s reputation, which may lead to other long-lasting consequences to its business, especially in business relationships and industries where trust and confidentiality are crucial.
Claims and lawsuits relating to a breach of an NDA are not common, but it absolutely happens that a company needs to pay out a penalty for breach of confidentiality. We have even advised on this matter a few times in the past.
What type of NDA do you need?
There are various types of NDA that can be used based on the specific circumstances and the needs of the parties involved. Below are the three common types of NDA:
- Unilateral NDA (One-sided NDA): In a unilateral NDA, one party, typically the seller, imposes on the other party the obligation to secure the information and not to disclose or use the information for any purpose other than what is specified in the agreement. In a B2B context, unilateral NDAs are often used between buyers and sellers. For instance, a Biotech company (seller), may employ a unilateral NDA to prevent the buyer from disclosing sensitive information they have gained during the purchase of products or services, such as intellectual property and computer technology. Also common in Public Tenders and for RFI (Request for information) in RFP (Request for Price) situations.
- Mutual NDA (Two-sided or Mutual NDA): A mutual NDA involves two parties, and both parties will be sharing sensitive information with each other and agree that both sides will be bound by confidentiality obligations. Mutual NDAs are frequently used when the parties need to exchange considerable amounts of confidential information during their negotiations or business relationship. Such situations can be Joint Ventures, Vendor Contracts or Mergers and Acquisitions.
- Multilateral NDA (Three or More Parties NDA): A multilateral NDA includes three or more parties, where at least one party shares sensitive information with other parties and enforces confidentiality obligations. This type of NDA streamlines the paperwork and administration for the parties in a sense that the parties do not need to enter several unilateral or bilateral NDAs with one another. In a business relationship involving three parties, where all anticipate disclosing confidential information, a single multilateral NDA can replace the need for three different bilateral NDAs between each pair of parties. Such situations can be Partnerships, Government Contracts (like defense and aerospace contracts) and Consortium Agreements.
How to roll-out a new Contract Template #6 – Meetings
Introduction
Last but not least! Here is part 6 and last part of my tips on how to roll-out a new Contract Template as an Expert.
Once you have sent out the new templates, these next steps are most important to ensure that the team will really use the templates. In this part of the series ‘How to roll-out a new Contract Template #6 – Meetings’ we focus on meetings and training sessions you should set up with your team.
How to roll-out a new Contract Template #6 – Meetings
๐ง๐ฎ๐ธ๐ฒ ๐๐ต๐ฒ๐๐ฒ ๐ณ๐ผ๐น๐น๐ผ๐-๐๐ฝ ๐ฎ๐ฐ๐๐ถ๐ผ๐ป๐ ๐ฎ๐ณ๐๐ฒ๐ฟ ๐ฟ๐ผ๐น๐น๐ถ๐ป๐ด ๐ผ๐๐ ๐๐ผ๐๐ฟ ๐ป๐ฒ๐ ๐๐ผ๐ป๐๐ฟ๐ฎ๐ฐ๐ ๐ง๐ฒ๐บ๐ฝ๐น๐ฎ๐๐ฒ
By following these last steps when sending out contract templates, you can optimize the contract management at your company. Consequently, this will create a more efficient and effective working environment with less discussions about the templates. If you train the teams well and empower them sufficiently you will also see that the negotiation process will run much smoother.
๐ฆ๐ฒ๐ฝ๐ฎ๐ฟ๐ฎ๐๐ฒ ๐บ๐ฒ๐ฒ๐๐ถ๐ป๐ด๐ ๐๐ถ๐๐ต ๐บ๐ฎ๐ป๐ฎ๐ด๐ฒ๐บ๐ฒ๐ป๐
Address and discuss the goals of the new Contract Template and raise specific concerns and considerations, engaging key stakeholders individually.
Full team meetings:
Provide comprehensive explanations of new templates/policies, emphasizing their purpose, benefits, and alignment with company goals.
๐ง๐ฟ๐ฎ๐ถ๐ป๐ถ๐ป๐ด ๐๐ฒ๐๐๐ถ๐ผ๐ป๐
Train and empower colleagues with the necessary skills and knowledge to implement the contract templates effectively.
Centralized document access
Establish a user-friendly location for all internal standards, guiding team members to easily find necessary documentation.
๐ฅ๐ฒ๐ด๐๐น๐ฎ๐ฟ ๐บ๐ผ๐ป๐ถ๐๐ผ๐ฟ๐ถ๐ป๐ด
Check awareness, adherence, and effectiveness of procedures, identifying areas for improvement and ensuring compliance.
Support and guidance:
Offer ongoing support to help guide your colleagues by proposing one on one meetings and training sessions.
๐๐ฒ๐ฒ๐ฑ๐ฏ๐ฎ๐ฐ๐ธ ๐ณ๐ผ๐ฟ ๐ถ๐บ๐ฝ๐ฟ๐ผ๐๐ฒ๐บ๐ฒ๐ป๐:
Create opportunities for feedback to drive future enhancements. Actively ask your team members for feedback in the training sessions and meetings mentioned above.
Conclusion
As legal professionals, we play a vital role to improve compliance, efficiency and risk mitigation. By implementing these tips, we create a more productive and legally sound workplace with the ultimate goal: more fun at work and driving success for the company. Most importantly, when doing so, we work together with the other teams and we do not only dictate what they should do.
Easier said, this way:
- You will waste less time in trying to (i) find the right template or (ii) figure out how to use it or who to involve when you have issues
- Your colleagues at the Legal department will have more time to dive deeper into your legal issues and have more time to negotiate and advise you from a legal and strategic point of view
- The other teams of the company will feel more involved- it will be very hard for your colleagues to say that they do not know where to find the Contract Templates (sound familiar?)
- Your Contracts will be signed quicker!
To see the other parts in this series, go to:ย bit.ly/amstlegal-blogs
Communicating Your New Contract Template to All Team Members ย
As part 5 of my tips on how to roll-out a new Contract Template as an Expert, the following:
! ๐๐ฒ๐ ๐๐๐ฒ๐ฟ๐๐ผ๐ป๐ฒ ๐ผ๐ป ๐๐ผ๐ฎ๐ฟ๐ฑ: ๐๐ผ๐บ๐บ๐๐ป๐ถ๐ฐ๐ฎ๐๐ถ๐ป๐ด ๐ฌ๐ผ๐๐ฟ ๐ก๐ฒ๐ ๐๐ผ๐ป๐๐ฟ๐ฎ๐ฐ๐ ๐ง๐ฒ๐บ๐ฝ๐น๐ฎ๐๐ฒ ๐๐ผ ๐๐น๐น ๐ง๐ฒ๐ฎ๐บ ๐ ๐ฒ๐บ๐ฏ๐ฒ๐ฟ๐
Once your template is final, approved internally and previous tips are followed, send out your New Template / Procedure using a communication method that is tailored to your company.
Do not use a single communication method (e.g. only providing the template via e-mail). This will significantly decrease the use of the New Template.
When rolling out a new contract template in your company, it is important to use multiple channels of communication to ensure that team members are informed and understand how to use it. It is recommended to combine the following communication methods:
* Your company’s intranet or internal portal
* Collaboration software like Slack or Microsoft Teams
* Email
* Kick-off meetings/trainings
This combination will help to increase the visibility of the new Contract Template and provide team members with the opportunity to ask questions and address any concerns.
Remember that clear communication is key to the successful implementation of a new contract template.
๐ฃ๐ฟ๐ผ-๐๐ถ๐ฝ: In case of new Contract Templates or Legal Procedures, it is advised to cascade the communication as follows:
* First to each Head of the Commercial Team / Regional Leader who can share/discuss it with their team and reiterate the importance of the new Contract Template/Procedure
* Legal Team sends it to the Commercial Team
* For particularly important messages set up separate meetings between Legal Team members and Commercial Team members
To avoid the common issue that team members are not able to find the e-mail or other communication that you used sending out the new template, follow one of my previous tips: create one central location for all your templates.
๐ช๐ต๐ฎ๐ ๐๐ฒ ๐ต๐ฎ๐๐ฒ ๐น๐ฒ๐ฎ๐ฟ๐ป๐ฒ๐ฑ ๐ณ๐ฟ๐ผ๐บ ๐ฝ๐ฟ๐ฒ๐๐ถ๐ผ๐๐ ๐ฝ๐ผ๐๐๐ ๐ถ๐ป ๐๐ต๐ถ๐ ๐๐ฒ๐ฟ๐ถ๐ฒ๐:
– The top-down approach does not work
– Team members need to know the critical components for the use of the new Contract Templates: the Why, How, When and Benefits
– Create and follow a strategic communication and follow-up plan (the Communication Plan):
– Step 1: Identify Relevant Users and Teams
– Step 2: Notify / Pre-inform the team about the upcoming new template
– Step 3: Make sure to cover all 10 points of the Checklist
๐๐ฉ๐ช๐ด ๐ฑ๐ฐ๐ด๐ต ๐ฐ๐ง ๐ฑ๐ข๐ณ๐ต ๐ฐ๐ง ๐ฎ๐บ ๐ญ๐ข๐ด๐ต ๐ต๐ช๐ฑ (๐ฏ๐ณ. 10) ๐ฐ๐ฏ ‘๐๐ฐ๐ธ ๐ต๐ฐ ๐๐ฎ๐ฑ๐ณ๐ฐ๐ท๐ฆ ๐บ๐ฐ๐ถ๐ณ ๐๐ถ๐ด๐ช๐ฏ๐ฆ๐ด๐ด ๐๐ฐ๐ฏ๐ต๐ณ๐ข๐ค๐ต๐ด ๐ฃ๐บ ๐๐ณ๐ฆ๐ข๐ต๐ช๐ฏ๐จ ๐๐ณ๐ฆ๐ข๐ต ๐๐ฐ๐ฏ๐ต๐ณ๐ข๐ค๐ต ๐๐ฆ๐ฎ๐ฑ๐ญ๐ข๐ต๐ฆ๐ด’.
How to Roll-Out your New Contract Template: 10 point Checklist
This is part 4 of my tips how to Roll-Out your New Contract Template as an Expert.
๐ช๐ต๐ฎ๐ ๐๐ฒ ๐ต๐ฎ๐๐ฒ ๐น๐ฒ๐ฎ๐ฟ๐ป๐ฒ๐ฑ ๐ณ๐ฟ๐ผ๐บ ๐ฝ๐ฟ๐ฒ๐๐ถ๐ผ๐๐ ๐ฝ๐ผ๐๐๐ ๐ถ๐ป ๐๐ต๐ถ๐ ๐๐ฒ๐ฟ๐ถ๐ฒ๐:
* The top-down approach does not work
* Focus on the Why, How, When and Benefits
* Make a Communication Plan
* Identify Relevant Users and Teams
* Notify / Pre-inform the team about the upcoming new template
๐ก๐ฒ๐ ๐ ๐๐ถ๐ฝ: ๐๐ผ๐บ๐บ๐๐ป๐ถ๐ฐ๐ฎ๐๐ถ๐ผ๐ป ๐๐ต๐ฒ๐ฐ๐ธ๐น๐ถ๐๐
See below a non-exhaustive checklist of the items that I would recommend to include in your message When rolling out & communicating the new Contract Template.
-๐ฆ๐๐ฏ๐ท๐ฒ๐ฐ๐ ๐๐ถ๐ป๐ฒ: Use a clear subject line that communicates the purpose of the email, such as “New Contract Template โ [Add name relevant document] – Please Review and Adopt.”
-๐๐ป๐๐ฟ๐ผ๐ฑ๐๐ฐ๐๐ถ๐ผ๐ป (๐ช๐ต๐): Start with a brief introduction that outlines the importance of adopting the new contract template.
-๐๐ฒ๐ป๐ฒ๐ณ๐ถ๐๐: Provide an overview of the key features and benefits of the new contract template, highlighting how it will help streamline processes, reduce risks, and improve efficiency.
-๐๐ผ๐: Add instructions on how to use the new contract template, including where to find it, how to fill it out, and any specific requirements to be aware of.
-๐ง๐ถ๐บ๐ฒ๐น๐ถ๐ป๐ฒ: Clearly communicate the timeline for adoption of the new contract template.
-๐ง๐ฟ๐ฎ๐ถ๐ป๐ถ๐ป๐ด ๐ฎ๐ป๐ฑ ๐๐๐ฝ๐ฝ๐ผ๐ฟ๐: Include information on any training or support that will be available to help team members adopt and use the new contract template effectively.
-๐ฃ๐ผ๐ถ๐ป๐ ๐ผ๐ณ ๐๐ผ๐ป๐๐ฎ๐ฐ๐: Provide a point of contact for questions or concerns regarding the new contract template (e.g. a project manager or legal representative).
-๐๐ฐ๐๐ถ๐ผ๐ป: End the message with a clear call to action, such as “Please review and adopt the new contract template by 2024, and let us know if you have any questions or concerns.”
-๐ข๐ฝ๐๐ถ๐ผ๐ป๐ฎ๐น – ๐๐ฒ๐ด๐ฎ๐น: highlight any legal requirements, regulations or policies that must be adhered to, in order to ensure compliance and mitigate legal risks.
-๐ข๐ฝ๐๐ถ๐ผ๐ป๐ฎ๐น – ๐ง๐ฒ๐ฎ๐บ ๐ฆ๐ฝ๐ฒ๐ฐ๐ถ๐ณ๐ถ๐ฐ๐: mention important specific information or operational set-up details for certain teams.
Communicate Early: Pre-inform and Notify Team Members
As part 3 of my tips on how to roll-out a new Contract Template as an Expert, the following:
๐ช๐ต๐ฎ๐ ๐๐ฒ ๐ต๐ฎ๐๐ฒ ๐น๐ฒ๐ฎ๐ฟ๐ป๐ฒ๐ฑ ๐ณ๐ฟ๐ผ๐บ ๐ฝ๐ฟ๐ฒ๐๐ถ๐ผ๐๐ ๐ฝ๐ผ๐๐๐ ๐ถ๐ป ๐๐ต๐ถ๐ ๐๐ฒ๐ฟ๐ถ๐ฒ๐:
* The top-down approach does not work
* Team members need to know the critical components for the use of the new Contract Templates: the Why, How, When and Benefits
* Create and follow a strategic communication and follow-up plan (the Communication Plan)
* Step 1 Communication Plan: ‘Identify Relevant Users and Teams’
Now, letโs continue to the next step of the Communication Plan:
๐ฆ๐๐ฒ๐ฝ ๐ฎ: ๐๐ผ๐บ๐บ๐๐ป๐ถ๐ฐ๐ฎ๐๐ฒ ๐๐ฎ๐ฟ๐น๐: ๐ฃ๐ฟ๐ฒ-๐ถ๐ป๐ณ๐ผ๐ฟ๐บ ๐ฎ๐ป๐ฑ ๐ก๐ผ๐๐ถ๐ณ๐ ๐ง๐ฒ๐ฎ๐บ ๐ ๐ฒ๐บ๐ฏ๐ฒ๐ฟ๐
Does the team know that the new Contract Template is final and will be implemented soon?
Before actually sending and rolling out new Contract Templates, create groundwork and buy-in from senior management and each team member to make sure that they will actually use the new Contract Template now it is final.
It is important to provide opportunities to these team members to ask questions, express concerns and offer feedback. In this stage, ask these questions to yourself:
– Are the team members aware that the new Contract Template needs to be used at a certain date?
– Is the new Contract Template clear and does the team (in principle โ not everyone will agree from the start) agree and appreciate the new Contract Template?
– Do they know the Why, How, When and Benefits?
๐ง๐ต๐ถ๐ ๐ฐ๐ฎ๐ป ๐ฏ๐ฒ ๐ฎ๐ฐ๐ต๐ถ๐ฒ๐๐ฒ๐ฑ ๐ถ๐ป ๐ฎ ๐ป๐๐บ๐ฏ๐ฒ๐ฟ ๐ผ๐ณ ๐๐ฎ๐๐:
* Have honest and open conversations with people that will use the Contract Template every day and with Senior Managers that will lead the relevant teams.
* Send out a pre-announcement e-mail / Slack of the actual intended roll-out date
* Organize meetings to explain the Why, How, When and Benefits of the new Contract Template
* Conduct Training sessions
* Involve key stakeholders in the process like Senior Management and Team Members from all Relevant Departments
* Set expectations and hold people accountable
In summary, by notifying, briefing and pre-informing team members of the upcoming Contract Template, businesses can ensure that everyone is on the same page and that team members are prepared for the upcoming changes. This can help to minimize any confusion or disruptions and increase the likelihood of a successful rollout.
๐๐ฉ๐ช๐ด ๐ช๐ด ๐ฑ๐ข๐ณ๐ต ๐ฐ๐ง ๐ฎ๐บ ๐ญ๐ข๐ด๐ต ๐ต๐ช๐ฑ (10) ๐ฐ๐ฏ ๐ฉ๐ฐ๐ธ ๐ต๐ฐ ๐ช๐ฎ๐ฑ๐ณ๐ฐ๐ท๐ฆ ๐บ๐ฐ๐ถ๐ณ ๐๐ถ๐ด๐ช๐ฏ๐ฆ๐ด๐ด ๐๐ฐ๐ฏ๐ต๐ณ๐ข๐ค๐ต๐ด ๐ฃ๐บ ๐ค๐ณ๐ฆ๐ข๐ต๐ช๐ฏ๐จ ๐จ๐ณ๐ฆ๐ข๐ต ๐๐ฐ๐ฏ๐ต๐ณ๐ข๐ค๐ต ๐๐ฆ๐ฎ๐ฑ๐ญ๐ข๐ต๐ฆ๐ด. ๐๐ฉ๐ฆ๐ค๐ฌ ๐ต๐ฉ๐ฆ ๐ธ๐ฆ๐ฃ๐ด๐ช๐ต๐ฆ ๐ช๐ฏ ๐ต๐ฉ๐ฆ ๐ค๐ฐ๐ฎ๐ฎ๐ฆ๐ฏ๐ต๐ด ๐ต๐ฐ ๐ณ๐ฆ๐ข๐ฅ ๐ต๐ฉ๐ฆ ๐ฐ๐ต๐ฉ๐ฆ๐ณ ๐ต๐ช๐ฑ๐ด.
Effective communication is critical when introducing a new Contract Template
As part 2 of my tips on how to roll-out a new Contract Template as an Expert, the following:
๐๐ณ๐ณ๐ฒ๐ฐ๐๐ถ๐๐ฒ ๐ฐ๐ผ๐บ๐บ๐๐ป๐ถ๐ฐ๐ฎ๐๐ถ๐ผ๐ป ๐ถ๐ ๐ฐ๐ฟ๐ถ๐๐ถ๐ฐ๐ฎ๐น ๐๐ต๐ฒ๐ป ๐ถ๐ป๐๐ฟ๐ผ๐ฑ๐๐ฐ๐ถ๐ป๐ด ๐ฎ ๐ป๐ฒ๐ ๐๐ผ๐ป๐๐ฟ๐ฎ๐ฐ๐ ๐ง๐ฒ๐บ๐ฝ๐น๐ฎ๐๐ฒ.
To ensure effective communication, make a strategic communication and follow-up plan to convince and inform the companyโs teams to use the new contract template.
As we have learned, the top-down approach does not work. It is not sufficient to simply send out the new template and expect its adoption.
To ensure success, team members need to know the critical components for the use of the new Contract Templates:
* Why
* How
* When
* Benefits
๐ฆ๐๐ฒ๐ฝ ๐ญ: ๐๐ฑ๐ฒ๐ป๐๐ถ๐ณ๐ ๐ฟ๐ฒ๐น๐ฒ๐๐ฎ๐ป๐ ๐๐๐ฒ๐ฟ๐ & ๐๐ฒ๐ฎ๐บ๐
Before starting your communication in the company, make a thorough analysis who will use the new template the most and/or who should be informed about the new template.
It is not about just informing the most obvious stakeholders like – for example – the sales managers who will use the new client contract.
In fact, there may be teams that business owners and Legal did not initially realize needed to be informed, like HR, Finance, Compliance, Operations, Product Teams, etc. Once identified, a communication plan can be developed that includes reaching all relevant stakeholders.
In summary, to ensure success in the roll-out of your new Contract Template, communicate your new templates to a wider group than you initially first thought of.
Tip 5: Review the content of Your Templates
Introduction
This is a follow up on the previous tip 4 to make a full list of all your contract templates. If you want to read that part, follow this link here: https://amstlegal.com/tip-4-make-an-inventory-of-your-contract-templates/. Staying on the same track, we at AMST Legal strongly advise to regularly perform a detailed review of your contract templates. That is part of our tip 5 of the article series “How to Improve Contract Templates”.
Keep reading to learn more about this appraoch.
Review the contents of your templates
Leaning back on the previous tip 3, which builds on cross-departemental collaboration, legal should review the templates – of course together with business – to make sure that the templates are all legally up to date and still work for all products/services that you are offering and cover all business risks.ย That require knowledge of the content of your templates though. The solution to that is to review your contract templates on a regularly basis.
What the review can show you
Think back to when the company started. In the beginning, the company might used certain contract templates without legal alignment, i.e. templates made by the commercial team or online templates. Another scenario is that the company has changed considerably. Thus, your company’s current needs might not be reflected in the contract templates.
Due to this review you might also find out that you can potentially:
- combine templates to limit the amount of different templates,
- remove templates that are not used, or
- make new templates,
Doing this can further improve the scalability & productivity of your company.
Pro-tip
Certain large corporates that I have worked with even ask an external law firm every two years to do a full review of their templates. That concerns e.g. General Terms & Conditions and Master Ordering Agreement. This ensures that their templates are up to date. It can also show how they generally can improve the templates for the business and their customers.ย
Conclusion
If you make sure to keep an eye on your templates you can ensure that the content will be up to date, Additionally, the contracting process can be made easier if unnecessary templates are removed.
Do you want to improve your scalability and productivity? Contact us at AMST Legal for tailored advice on how to do this in a simple way.
Tip 4: Make an Inventory of Your Contract Templates
Introduction
Earlier, we provided tips on how legal should not be afraid to involve other departments. You can access that article through this link: https://amstlegal.com/tip-3-legal-involves-other-departments/. Moving on, we are going to dive into the next tip in the series on How to Improve Contract Templates. This tip 4 concerns making an inventory of all contract templates.
Make an inventory of your contract templates
A must when using contract templates, which we at AMST Legal highly advocate for, is to
- Regularly make a list of all contract templates that your company is using day to day.
- Make sure you know how many specific/different contract templates the company has for its products & services, countries, languages and departments.
Best is not to only ask the legal department, but to especially ask the business (e.g. Sales, Partnerships, Procurement, HR) which template contracts they are using day-to-day. Just to make sure, also ask them to send you the exact template they are using and check if they are using the right templates.
After making the list, you might be amazed how many different templates are currently in use by the company and where they are all stored. Having this list will give you a better idea which next steps you should take to improve your contract templates.
Conclusion
Organizing your contract templates, reviewing how many you have, and sorting them can be a life saver in stressful times. Oftentimes you might not even need all of the templates that you have currently. So make sure to regularly check up on the status of your contract templates.
How many contract templates do you have in your company?
If you want to become even more structure, and streamline your contracting process – contact us at AMST Legal for tailored advice. Let’s take your contracting to the next level!
Tip 3: Legal Involves Other Departmentsย
Introduction
Previously, we shared valuable tips on how to structure legal’s responsibility of the contract process. Access it here if you haven’t read it: https://amstlegal.com/tip-2-legal-in-the-lead/. Continuing, we are moving on to tip 3. That concerns making sure that Legal involves other departments when drafting and rolling out / implementing templates.
Looking back, we have seen lengthy processes when working with large corporations. There, it would typically take 3-6 months before their client contract (a relatively straightforward Services Agreement) would be negotiated, agreed and signed. When working there, we were able to reduce the time spent on this to maximum 1-2 months. Keep reading to learn how you could do the same.
How to shorten the contract process
Three tips
We were able to bring this period down to a maximum of 1-2 months by:
- sitting down with the business to discuss how the contract could be improved, not only from a legal point of view but from a business point of view;
- amending the templates accordingly; and
- strongly involving the business with the roll out/ implementation of the new templates.
This provided an overview of the contract process and having other departments that use the templates on board from the start.
Why should legal involve other departments?
I have seen this working in every company where I had the opportunity to use this strategy. It is therefore my strong belief that Legal absolutely must:
- consider the opinion of other departments of the company, and
- draft/amend the contract templates accordingly where necessary and possible.
This applies especially to commercial contracts and less for purely legal templates like NDAs (Non-Disclosure Agreements) and DPAs (Data Privacy Agreements).
Alignment with the business โ for example Sales, Products, Finance or Compliance โ is essential to make sure that the templates do not only cover the legal risks, but also cover important business risks, practical issues and all products/services of the company. Another important reason to include these departments in the creation of the templates is to create a support base. The business will be a lot more engaged if they understand and agree with the template contract and if they have helped with the creation of it.
Conclusion
Incorporating insights from other departments when drafting and implementing legal templates can significantly shorten the contract process. By involving key teams such as Sales, Products, Finance, and Compliance, Legal can create templates that not only address legal risks but also align with business needs. Ensuring cross-departmental alignment leads to more effective contracts and greater support from the business. That makes the process more efficient and streamlined.
Stay tuned for our next article on tip 4. In the meantime, contact us at AMST Legal if you want to enhance your contract process through personalized expert help.