Legal Question in Civil Litigation in Washington

Re: confidentiality forms

This is an area of huge disagreement� whether to use pre-drafted forms as a one size fits all cost effective solution or to use an attorney to tailor legal documents to your particular business's situation.

I tend to take a middle of the road approach to these things. Often times, the "legal forms" will do the job, such as for a bill of sale for the sale of a cheap used vehicle with no warranties. However, the more complex the transaction and the more at stake for the business, the greater than need for a specific contract.

Put it this way. In 1985 when Microsoft was run out of a home garage, had Bill Gates' first employees signed a confidentiality agreement that was a form agreement that did not anticipate a software designer's needs, the consequences could literally be added up with 9 or 10 zeros behind it.

I bet when he started out, Gates never thought he'd be the world's richest person. A millionaire, maybe, but not like what actually happened.

Laying the foundation for your business properly often pays off in the long run. The money you spend now to properly put together everything from partnership agreements, articles of incorporation, confidentiality agreements with employees or partners, even your bill of sale you will use with customers that spells out guarantees and disclaimers on the rear in fine print, these are all important. If you do them right the first time, the return on that investment will pay off for years to come.

Granted, some small businesses are just too small to consider hiring a lawyer. If you have no choice, then you must do the best you can. However, as soon as you have a choice, make the right one. There's almost no successful business that has not done made this choice.

Best of luck!