Wenjie Xu, founder and Director of The Wu Group, has been active in the academic community and has served in editorial capacity for journals and conferences from Science and Nature Publishing Group, Springer, Wiley and Future Science Group. She is also an honorary researcher in The University of Queensland (UQ). Two recent publications include: The Wu Group’s focus on academic/scientific insight makes the following publication by HalfCorn an ideal fit: “Why hiring a legal expert for contract review is so important” Access to Knowledge Collaboration is the lifeblood of scientific research. Every time a researcher seeks assistance from a lab technician or an expert in a different field, they enter into a binding contract. That contract may be oral or written – but either way, it’s always better for your career to err on the side of caution and have a lawyer to review contract documents and any other legal docs. Researchers will strive to make sure that everyone is on the same page moving forward with the project. After all, many institutions are happy to agree to non-compete contracts and keep most of the information about their progress under wraps, as per the terms of their research.
So, if your lab needs a lawyer to review contract documents, here are some benefits that you can count on:
- Precise Contract Language Part of the reason why contractual agreements exist is so that there is a concrete document that people can refer to at any given time in order to understand precisely what was agreed upon. If there are any changes, they need to be documented through an addendum. Without a precise legal document, anything that was said could end up being forgotten or misconstrued. A lawyer will ensure that the text is 100% clear.
- A Lawyer Ensures Clarity Collaborative scientists deal in very specific and technical language. Writing may come across as jargony, and this often makes it too difficult for others to decipher. Having a lawyer to review contract documents will provide clarity and precision.
- Common Contract Pitfalls Below are some common pitfalls found in collaboration agreements:
- Intellectual Property As a researcher, protecting your intellectual property is a priority. You don’t really want your information and results to be out in the air for everyone to see. Without intellectual property rights, no one should be patenting the new results after claiming their credit. Protection happens via contractual terms, and this is why it is so crucial to retain the services of an attorney with IP experience.
- Are We Working Together? Are We Being Reimbursed? Often, two labs work together on the same project, and the repayments can be complicated. Even though both projects may be working towards one greater goal, they cannot always benefit each other equally. In the contract, every fine detail needs to be elucidated to avoid misunderstandings.
- Privacy Let’s not forget that most scientific articles are not published right away. There is a long process that goes into research, testing and publishing. So, collaborating researchers need to be careful about each other’s information, and more importantly, their results. Working ethically means protecting your own work, while also protecting the work and information of others.
- Financial Penalties There’s always the possibility of lawsuits if scientists don’t get along with one another. It’s possible that some would like to purposely burn bridges with their co-workers. Money is a serious issue when it comes to scientific research. Bonuses sometimes go to those who are believed to have contributed the most. If colleagues feel that some people are not living up to their side of the contract, they could file a lawsuit and it could cost the scientist who doesn’t have a lawyer to review contract documents money.
- DIY vs Professional Although collaboration agreements may seem straightforward, there is a lot that can go wrong with these documents. This is why it’s important to pay for professional services, even if you intend to review contract documents yourself. Keep in mind that many law firms offer pro bono packages for grant lawyers, so you hardly need to pay for representation!
- The Legal Landscape The law is constantly evolving. Practices that worked in the past may not carry over into the present times due to the challenges that new technologies have created. Law is always changing, so it’s important to consult a legal brain when in doubt. You can be sure that there will always be new laws that deal with the world of scientific research, so expect to update your documents every now and again.
- How To Choose Appropriately One way of knowing you’ve made the right choice is using management resources to compare reviews on law firms. It is easy to check on the firm’s track record before hiring. You can understand what to expect before you agree to a contract. Many firms allow you to speak with a representative or the reviewing lawyer before you hire them. Take advantage of this – ask them questions you may have or test their knowledge of the local laws. Check for any anti-kickback statutes that may apply to your situation.
In any case, it makes sense to a hire a lawyer to review contract documents to ensure success!