Unlike staff, consultants are generally not implicitly required to keep it secret. It is therefore important to include explicit confidentiality provisions in the consulting agreement. For consulting contracts, it is essential to include appropriate provisions on intellectual property rights. Unless otherwise stated, the consultant usually owns all the IP addresses he creates during the order. LESSON: The “lesson” here is simple: before accepting a “standard” agreement, or if one or two points have not yet been updated in an existing agreement to include new points, propose or submit a simple side letter that keeps the initial conditions intact, but only modifies the few provisions, which need to be recalled. one. If possible, use one page, at most two pages: Keep your page letter short, to the point and simply. If you make it a long “novel”, it is not read, let alone used. People get nervous when they see a lot of words, especially legalistic. Do everything you can to limit your proposed page letter to one page of one sheet of paper, up to a maximum of two. The use of service companies has increased, as it has a number of advantages for people working under the agreement: they can limit their liability and, if properly structured, obtain more tax-efficient advisory fees (e.g. B in the form of a dividend). The importance of IP rules depends on the nature of the tasks assigned to the consultant and the importance to the client of an IP they establish.
From the customer`s point of view, it is desirable that the contract contains clear provisions regarding the ownership and creation of intellectual property. Among these, our lawyers have extensive experience in consulting consulting contracts for use where the advisor is both local and international, especially in the realization of complex projects. If you have any questions, our consulting lawyers Rhodri Thomas, Helen Monson or Imogen Finnegan can help. The client should consider whether to include in their consulting contracts a clause that provides advisors with adequate insurance. The agreement may contain a declaration excluding the counsellor from employment status. While the provisions of advisory contracts do not determine the status of employment, it is useful to demonstrate at first sight the intentions of the parties. Reasons why “we should use our default agreement” often include (1) “Our lawyers don`t let us change what they wrote previously,” (2) “Everything we do must be consistent,” and (3) “If we make a change for you, other associates might claim that we treated you better.” Reasons for not wanting to rewrite the fully negotiated agreement are usually a variant of “We don`t want to open a box of worms” or result in high legal fees. What is the best thing to do in both situations? To make things easier and less “lawyer-centric”, we only use a brief “Side Letter” that confirms the existing agreement, but also adds these new points. For example, these can be defined in a general way or very specific and detailed, in which case they can be defined in a separate timetable at the end of the agreement. Please note that this email letter is not a legal consultation, but only an attempt to provide general information on important topics related to employment and justice. Legal advice can only be provided after the formal maintenance of legal assistance and must take into account the facts and circumstances of a given case.
Persons who require legal advice, advice or representation must retain competent legal assistance, approved to practise law in their place.. . . .