The inclusion of an integration clause makes it more difficult for a defendant in a collection case to claim that the terms of service and payment are something other than those stated in your written agreement. Combined with the parol evidence rule, he is precluded from introducing testimony of conflicting terms.
The severability clause assists in having your contract survive changes in the law.
The choice of law and choice of forum clauses make it easier to collect because it requires your opponent to litigate in your native state rather than his, and assures that the law of your native state will be applied to contract interpretation by the court. The provision for your recovery of attorney's fees is self explanatory. In states such as Connecticut the plaintiff can not recover his attorney's fees unless he has a written contract or a statute which allows him the award of attorney's fees.
The assignment clause prevents the client from selling his contract rights to a third party with whom you do not wish to do business.
The difficulty arises in getting the client to sign the agreement. Most want to use their agreement exclusively which normally affords them much protection, but very little for the abstractor. The other problem occurs when the client has no reserves, and is cash poor. In this instance you could win your case, but the client has no funds to pay the judgment.
Whether or not you get stiffed depends on how well you protect yourself and the client's liquidity.
to post a reply:
login - or -
register