I need a lawyer!

[Gorza]

OK, I'm not on the run (this time!) or getting sued.

I'm writing a story in which a women lawyer drafts a contract with her boyfriend as a kind of sex game. It doesn't have to be an enforceable contract, and I think she might tell him afterwards that it wouldn't have been enforceable. It simply needs to look like something a lawyer might draw up as a game. I have no legal training, but have drafted a contract in the story. I need a lawyer to look it over and suggest changes that will make it sound authentic. In my story, the woman is an English solicitor, but I'm sure a lawyer from a different legal jurisdiction would be able to advise.

PS. I'm trying to avoid calling the story Habeas corpus, so any good titles for legal erotica would be much appreciated.

 

[PattiJolene]

lots of lawyers here...accountants too!

 

[Gorza]

lots of lawyers here...accountants too!

So, maybe I should add that you can PM me in strict confidentiality if you don't want to display your legal credentials all across Lit. Unless, of course you're a High Court judge, and then this sort of debauchery is par for the course!

 

[jsmiam]

corpus interruptus

 

[HeyAll]

1) You can find plenty of sample contracts by simply doing an internet search and looking at the images.

2) Corporate contracts usually look the same, but small more private contracts vary. So it doesn't need to look super professional for it to be believable.

3) Contracts are fairly basic: Who are the parties? What do they agree to do? Time frame? Burdens? What happens if there is a problem? ect...

4) Since this is an erotic story, I would recommend keeping the contract simple. There's no need to make it harder for the reader to understand the terms.

 

[TxRad]

Most such contracts start with:

Such a deal I have for you.

 

[loquere]

I'd follow Heyall's advice. You're not going to get an attorney who comes on lit to relax, to provide you pro bono counsel.

 

[pfflyerhot]

lots of lawyers here...accountants too!

Took the words right out of my mouth. Tons of lawyers here...

 

[Handley_Page]

This Agreement, made between the party of the first part, hereinafter referred to as "fred" and the party of the second part, hereinafter referred to as "freda"

oh it's simply wonderful.

 

[NOIRTRASH]

https://www.smallbusiness.wa.gov.au...tracts/four-essential-elements-of-a-contract/

Here are the essential parts of a legal contract.

 

[oggbashan]

Noirtrash's link above is correct. Offer; Acceptance; Legal Consequences; and Consideration.

A contract must have those four elements, but the most important in this context is 'consideration'.

What does she offer to him, and what has he to pay/promise/deliver to complete the contract?

For example: She will give him a blow-job (offer) if he paints the kitchen ceiling (consideration).

The contract can include "penalty clauses" but those must be reasonable and proportionate i.e. if he doesn't paint the ceiling - no sex for a month; or if he makes a bad job of it - not sex for a fortnight. If a clause is actually called 'a penalty clause' then that means it is unenforceable.

If she offers sex with conditions and he accepts her offer then there will be legal consequences if either doesn't deliver the consideration.

 

[PayDay]

Ogg's on it, except 'Legal Consequences' don't have to be written into the contract, or stated in a verbal contract. In most contracts, signing your name is considered Acceptance regardless of any wording as long as all parties signed and dated the contract. Almost any form of any contract is considered legal and will survive any challenge as long as it does not violate any laws (prostitution, larceny, Constitution,etc).

Those really long contracts are made to create loopholes and survive excessive legal challenges, or to protect parties in the event of a legal challenge ('The party of the first part reserves the right to fail to fully deliver upon the full contract if requirements blah blah blah are not met by the party of the second part' and such).

They're very easy.

 

[NOIRTRASH]

Ogg's on it, except 'Legal Consequences' don't have to be written into the contract, or stated in a verbal contract. In most contracts, signing your name is considered Acceptance regardless of any wording as long as all parties signed and dated the contract. Almost any form of any contract is considered legal and will survive any challenge as long as it does not violate any laws (prostitution, larceny, Constitution,etc).

Those really long contracts are made to create loopholes and survive excessive legal challenges, or to protect parties in the event of a legal challenge ('The party of the first part reserves the right to fail to fully deliver upon the full contract if requirements blah blah blah are not met by the party of the second part' and such).

They're very easy.

If the consequences don't matter don't fret them, unless the judge is a dolt, and most are.

 

[Gorza]

Thank you for all the advice -- in thread and via PM.

1) You can find plenty of sample contracts by simply doing an internet search and looking at the images.

2) Corporate contracts usually look the same, but small more private contracts vary. So it doesn't need to look super professional for it to be believable.

3) Contracts are fairly basic: Who are the parties? What do they agree to do? Time frame? Burdens? What happens if there is a problem? ect...

4) Since this is an erotic story, I would recommend keeping the contract simple. There's no need to make it harder for the reader to understand the terms.

Actually, I think numbering sections is a thing, so I might use that. I think your points 3 and 4 are salient: I've got parties, the deal and the time frame, but hadn't added consequences. I have tried to keep things simple: as you say, a full-on legal contract in the middle of a story could kill it dead.

Most such contracts start with:

Such a deal I have for you.

And what a deal she has!

This Agreement, made between the party of the first part, hereinafter referred to as "fred" and the party of the second part, hereinafter referred to as "freda"

oh it's simply wonderful.

Yup, it's getting that turn of phrase, but keeping it fun.

https://www.smallbusiness.wa.gov.au...tracts/four-essential-elements-of-a-contract/

Here are the essential parts of a legal contract.

Thank you for the link.

Noirtrash's link above is correct. Offer; Acceptance; Legal Consequences; and Consideration.

A contract must have those four elements, but the most important in this context is 'consideration'.

What does she offer to him, and what has he to pay/promise/deliver to complete the contract?

For example: She will give him a blow-job (offer) if he paints the kitchen ceiling (consideration).

The contract can include "penalty clauses" but those must be reasonable and proportionate i.e. if he doesn't paint the ceiling - no sex for a month; or if he makes a bad job of it - not sex for a fortnight. If a clause is actually called 'a penalty clause' then that means it is unenforceable.

If she offers sex with conditions and he accepts her offer then there will be legal consequences if either doesn't deliver the consideration.

That's pretty much what I'm going for. I hadn't thought about penalty, because my lawyer knows that he'll fall for her offer. Maybe I don't need a penalty, but the sex ban is quite a good one to add.

Ogg's on it, except 'Legal Consequences' don't have to be written into the contract, or stated in a verbal contract. In most contracts, signing your name is considered Acceptance regardless of any wording as long as all parties signed and dated the contract. Almost any form of any contract is considered legal and will survive any challenge as long as it does not violate any laws (prostitution, larceny, Constitution,etc).

Those really long contracts are made to create loopholes and survive excessive legal challenges, or to protect parties in the event of a legal challenge ('The party of the first part reserves the right to fail to fully deliver upon the full contract if requirements blah blah blah are not met by the party of the second part' and such).

They're very easy.

Ah, I missed the fact that she would have to sign her contract too. It's not meant to be an enforceable contract.

One difficulty I have with a sex contract is the sex language. Instinctively, I think formal, medical words sound right in the contract ('penis', 'vagina', 'anus'), yet they make the sex really cold. I think I might have to write in more human interaction to counter-balance it: "She looked up from the paper, smirked and added 'The penis of the party of the second part'".

 

[PayDay]

Here's more help:
www.youtube.com/watch?v=G_Sy6oiJbEk