The “fish” of the contract is the preparation of a document, which, with a little processing, turns into a full agreement. Where to get it and how to use it correctly?
Why is the "fish" of the contract?
Practicing lawyers have their own professional slang. An example is the topic under discussion. Where did the term come from? Hard to say. Perhaps, it meant a skeleton or a base on which the rest of the "body" is strung.
Another option - the designation came from the game "dominoes", and "fish" means that the contract is nobody's, that it is just another project.
There is an assumption that the term came from criminal jargon, where “fish” meant fake.
Thus, it is difficult to establish what the “fish” of the contract means, but, apparently, it has taken root and is actively used in legal practice.
Today's lawyers, using this expression, mean a draft that is almost ready for use, or a form. This applies to any official document, not only contracts. A set of blanks is, for example, an investigator or assistant judge.
They help significantly save time for other work that does not require a monotonous repetition of the same actions. Moreover, now they make blanks on the computer.
Standard documents
A commonplace was the preparation of model documents by authorities, especially with regard to contracts. This helps to quickly resolve many issues with citizens or between citizens and organizations.
Enterprises and organizations often adopt the manner of action of the state in a particular area. Typical documents are an example.
They are a partially finished document, it remains to add a series of data, make small changes if necessary, and the result is ready. This approach helps to save a lot of time for employees of the legal departments of enterprises. The presence of templates speeds up the work of compiling documents.
Organization of work with contracts
There are two types of organization of contract work:
- drafting legal documents and agreements, in particular, the legal department;
- employees of various departments are involved in the preparation of documents.
The first option involves the preparation of the "fish" of the contract by the legal department. He is engaged in the development of all contracts, provides other departments with templates and controls their execution. The legal department records and stores all legal documents.
The second option involves the distribution of responsibilities for the preparation of the contract between representatives of different departments. The unit may have its own lawyer, which provides legal support for the activities, taking into account its specifics.
For example, a corporate lawyer is located at the central office; in the supply unit, a lawyer works, dealing, respectively, with supply contracts.
If the company is engaged, for example, also in computer programs and technologies, a lawyer competent in the relevant field works in the unit. Each of them has more than one contract template in stock.
Documents Archive
If the contractual work system is centralized, registration, storage of documents is provided by one department, if decentralization takes place, then each unit independently deals with these issues. The second option takes place in holdings formed from many enterprises. And each department or enterprise has its own database of documents and contract templates, which, if necessary, are used.
If you use the Internet
On the Internet it is easy to find a full-fledged "fish" agreement. It remains only to enter the data of the parties - and everything is ready. But here inexperienced citizens are waiting for pitfalls.
First, the agreement may not meet the needs of the parties. Therefore, it is worthwhile to set forth all the provisions important for the parties themselves.
Secondly, the prepared agreement must be thoroughly studied so that it doesn’t happen that, by changing one of its provisions, the parties make its other points pointless or create contradictions.
Thirdly, the “fish” of the contract may not meet the requirements of the law. The parties may sign a contract that is automatically invalid or carries the risk of declaring it illegal (disputed transaction).
Professional help
Who will help draw up a full-fledged document or provide a “fish” contract? A lawyer involved in drafting contracts, or a notary public, however, his field of activity is specific, and the options he proposed will be useful to a narrow circle of people.
For one-time help, lawyers are resorted to by entrepreneurs working independently or with the involvement of several employees. Legal assistance is indispensable, and there is not enough money to hire a lawyer on an ongoing basis.
So an entrepreneur can get a "fish" of a contract, which can be used repeatedly, concluding agreements with citizens on one-time work.
I must say that citizens are more attracted to businessmen who are ready to draw up agreements on paper and provide receipts for payment, this gives a sense of security and the ability to defend their rights and interests if problems arise.
Given the requests of citizens, a template with periodically introduced small changes is quite suitable for long-term use.
The application of the template is reduced to a simple procedure: the customer needs to enter information about himself (passport data, address of residence and other data) in the space provided. Information about IP is, as a rule, already available in print.
Template compilation
A businessman with a small hand can keep a copy of the contract on electronic media or in a computer and, if necessary, prints the required number of copies. If there is a need, changes are made, for example, in the “fish” of the contract of sale of goods, when new characteristics of goods are constantly being introduced (assortment, volume, mass, quantity, etc.).
But here, rather, it is not the creation of the template that takes place, but its adjustment to current needs.
In a large organization or in the case of a lawyer, it is recommended to create a base that would systematize the available documents. The contract is usually formed using one of the text editors. The lawyer prepares the document, agrees with other departments and passes as intended. Changes that are not provided for by the internal regulations are introduced only with the consent of the lawyer.
Today, services have been distributed that offer contracting services. The bottom line is to create a document for a specific customer based on existing templates. Services are automated both partially and fully. The client only has to enter the data and make the payment.
Varieties of patterns
As mentioned above, a “fish” can be a complete document, waiting to be entered into several entries. There are templates in which the amount of information is minimal. In fact, it represents a form in which it remains to enter the clauses of the agreement.
The main sections of the document are highlighted:
- subject of agreement;
- rights and obligations of the customer;
- rights and obligations of the contractor;
- terms of validity of an agreement or fulfillment of obligations;
- responsibility of the parties to the agreement;
- information about them.
Such an approach is characteristic, for example, of a “fish” contract for the provision of legal services. The lawyer or attorney who has been contacted for help offers a range of services. The reason is in the wishes of the client, and in his solvency.
In addition, some legal services are provided exclusively by a lawyer - this is criminal defense and other closely related services.
There is one more nuance: it is easier for experienced specialists to draw up a full-fledged document than to remake an existing contract for their needs.
Thus, “fish” is a common way to stock up on blanks of documents in order to ensure freedom from unnecessary work. It is used by both state and non-governmental organizations.