California attorney · CA Bar #279869

California contract review attorney

I'm Sergei Tokmakov, a California attorney. I've reviewed 1,500+ contracts. Risk-scored review with California-specific clause analysis: § 1668 liability waivers, § 16600 non-competes, § 1281.97 arbitration, § 1717 fee reciprocity, plus the standard B2B risk surfaces. Read-and-flag from $349, full redline from $599.

1,500+contracts drafted
700+Upwork reviews
14+years in practice
100%job-success score
Cal. Bus. & Prof. Code § 16600
Quick answer

Contract review takes the contract the other side sent and analyzes it from your perspective with California-specific clause attention. The top California-specific risks are: Civ. Code § 1668 (voids liability waivers for gross negligence, fraud, willful injury, or violation of statutory duty), Bus. & Prof. Code § 16600 (voids most non-compete clauses and overbroad employee restrictive covenants), CCP § 1281.97 (employer or business must pay arbitration fees on time or waive arbitration), Civ. Code § 1717 (makes contract fee clauses reciprocal regardless of original direction), Civ. Code § 1671 (liquidated damages as penalty), Civ. Code §§ 1550 and 1709 (contract formation and fraud rules). Every contract review I do scores each material provision (high / medium / low / clean) and explains the recommended revisions.

48-72 hrs
Standard turnaround
CA-specific
B&P, Lab., Civ. issues flagged
Redline
Track-changes in Word
Flat fee
$349 review / $599+ revise

What I do for contract review

1

Flag indemnity and limitation-of-liability traps.

Mutual versus one-way indemnity, supercaps versus carveouts, and IP-ownership clauses are where contracts most often hide risk. I flag them on the first pass.

2

Mark auto-renewals and fee-shift clauses.

Auto-renewal trapdoors and one-way fee shifts disadvantage the smaller party. I mark them with redlines and counter-language ready to send back.

B&P § 17600 (auto-renew)
3

Tune the document to California law.

California has carveouts on non-competes, choice-of-law, employment classification, and consumer protection. I tune the document so out-of-state boilerplate does not run into B&P § 16600 or Lab. Code limits.

B&P § 16600
4

Deliver redline plus negotiation memo.

On the $599 tier I deliver a tracked-changes Word file plus a 1-2 page negotiation memo with rank-ordered priorities, so the client knows what to fight for and what to concede.

Why this calls for an attorney, not an AI tool

DIY / template

What a self-written letter misses

  • Misses indemnity and limitation-of-liability traps
  • Signs auto-renewals and fee-shift clauses unread
  • Cannot evaluate CA-specific carve-outs
  • Has no negotiated counter-language to send back
Attorney letter

What the attorney letter does

  • Flags indemnity, LOL, and IP-ownership traps
  • Marks auto-renewals and fee-shifts with redlines
  • Tunes the document to California law
  • Sends back counter-language clause by clause

The redline is not a checklist, it is a negotiated position with risk tagged and counter-language drafted clause by clause.

The controlling law

The top 10 California-specific risks I flag. (1) § 1668 liability waivers that purport to waive gross negligence or fraud; (2) § 16600 non-competes and overbroad employee restrictive covenants; (3) § 1281.97 / § 1281.98 arbitration timing violations; (4) § 1717 one-sided attorney-fee clauses (will run reciprocally); (5) § 1671 liquidated-damages clauses that operate as penalties; (6) § 2782 broad indemnity in construction contexts; (7) choice-of-law clauses that try to escape California-protective statutes (governing California parties); (8) class-action waivers in consumer contracts post-McGill v. Citibank, 2 Cal.5th 945 (2017); (9) confidentiality clauses that violate Lab. Code § 1102.5 (whistleblower) or Civ. Code § 1670.11 (sexual-harassment NDA limits); (10) AI training-data and use clauses that contradict the Privacy Policy or DPA.

What clients send me

The review is built from the contract and a short intake about the deal context. Before drafting, I ask for:

  • The contract itself (Word, PDF, or both; if the file is the counterparty's draft, the editable version is best for the $599+ redline tier)
  • Your role in the deal: buyer / seller, customer / vendor, employee / employer, partner A / partner B
  • The deal context: what is being bought, sold, licensed, or built; rough dollar value; expected duration; geographic scope
  • Your top three priorities: cost, speed of execution, IP protection, liability cap, exit rights, exclusivity, or other
  • Your top three concerns about the counterparty: are they known and reputable, are they a startup, have they been a problem in prior dealings
  • Any exhibits or supporting documents referenced in the contract (SLA, DPA, statement of work, product specifications)
  • Any prior versions of the contract or counterparty's redlines so I see the negotiation history
  • Your deadline for delivery (rush turnaround available with 25% premium)
  • Whether you want the $349 memo tier or the $599+ redline tier (or whether you want me to recommend after seeing the contract)
  • For seller-side reviews of your own templates: the customer profile, the deal size, and any specific procurement feedback you've received

If the intake is incomplete, send what you have. I tell you what's needed to scope the review properly.

What I send back

$349

Contract Review (Full)

  • Risk-scored attorney review memo
  • California-specific clause analysis
  • Recommended revisions with specific language
  • Business-context commentary
  • Read-and-flag scope; no redline
  • Standard turnaround 3-7 business days

How the engagement runs

1
Send facts

Email a paragraph + key documents.

2
Identify theory

I map the facts to the CA statute.

3
Draft letter

Attorney letter on letterhead.

4
You approve

Two revision rounds included.

5
Send certified

USPS certified + email delivery.

6
Negotiate

Three negotiation responses included.

Choose your path

Start here if

Case memo

$349
  • You want a written legal evaluation first
  • You may refer to a contingency firm later
  • Statute or evidence questions are unsettled
Accept memo - $349
Start here if

Demand + draft lawsuit

$1,200
  • Counterparty needs to see the lawsuit is real
  • Multiple claims or institutional defendant
  • You may file pro se after the demand
Accept package - $1,200

Pricing

Contract Review (Full)

$349 · flat fee
  • Risk-scored attorney review memo
  • California-specific clause analysis
  • Recommended revisions with specific language
  • Business-context commentary
  • Read-and-flag scope; no redline
  • Standard turnaround 3-7 business days

Frequently asked questions

You
What's the difference between contract review and contract drafting?
S
Contract review takes an existing draft (usually the other side's) and analyzes it from your perspective: where are the risks, what's missing, what California law affects each provision, and what you should push back on. Contract drafting starts from a blank page and produces a contract for your side. Most B2B clients come to me with a contract the counterparty sent, so review is the more common engagement. Drafting from scratch is scoped separately because the time investment is higher.
You
What's risk scoring?
S
Every provision gets a tag: high risk (deal-breaker level concern, recommend revision), medium risk (suboptimal, worth pushing back), low risk (acceptable, note for awareness), or clean (no concern). The methodology is based on what California law actually does to each clause, plus how the clause functions in practice. High-risk flags get the deepest analysis and the strongest recommended revisions. Low-risk flags get noted so you know they exist but aren't worth negotiation capital. The risk-score view is what makes the review actionable: you know which fights to pick before responding to the counterparty.
You
What California-specific clauses get the most flags?
S
Top of the list: (1) liability waivers that purport to waive gross negligence or fraud (Civ. Code § 1668 voids these), (2) non-compete or employee restrictive covenants (Bus. & Prof. Code § 16600 voids most non-competes in California), (3) consumer arbitration clauses that violate § 1281.97 fee-payment timing rules, (4) choice-of-law provisions that try to escape California-protective statutes, (5) attorney-fee provisions (Civ. Code § 1717 makes them reciprocal regardless of original direction), (6) indemnification structures that violate § 2782 (anti-indemnity for construction) or § 1717's reciprocity, (7) liquidated-damages clauses that operate as penalties under § 1671. The review identifies and explains each.
You
How long does a review take?
S
Three to seven business days for most contracts, depending on length and complexity. A standard 15-25 page SaaS MSA: 3-5 business days. A 60-page enterprise software license with multiple exhibits and an SLA: 5-7 business days. Rush turnaround (24-48 hours) is available with a 25% premium when the deal timeline requires it. The clock starts when I have the contract and your written intake explaining your role (buyer, seller, party A) and your priorities (cost, speed, IP protection, etc.).
You
Do you review contracts where I'm the seller / SaaS provider?
S
Yes, half the work is on the seller side. Sellers send me their own template MSA, TOS, or DPA and ask whether it covers them adequately, whether it will pass enterprise procurement review, and which clauses are the highest risk. The review applies the same risk-scoring methodology with a seller's-side perspective: what are you actually agreeing to, what are you exposed to, where can you push back without breaking the deal. This is also a common starting point for the full SaaS Legal Package, which is the next-step engagement when seller-side review uncovers structural gaps.
You
What's the difference between $349 and $599?
S
$349 is the read-and-flag review: I read the contract carefully, score every material provision, write a memo identifying the risks and the California-specific issues, and recommend revisions in writing. You then take that memo and write the redline yourself or send it to the counterparty as commentary. $599+ adds the redline: I deliver a tracked-changes Word document with my recommended revisions in the contract itself, plus comment-by-comment commentary explaining each change, plus the cover memo. The $599 version is what you send back to the counterparty as your negotiation position.
You
Can you review contracts in industries you don't usually handle?
S
Yes, with disclosure of any specialized-knowledge limitations. My deepest experience is SaaS, B2B services, technology licensing, healthcare-adjacent (BAAs, CMIA), influencer and content-licensing, and freelance/consulting agreements. Heavy-construction, FDA-regulated medical devices, energy and utilities, securities offerings, and defense contracting are areas where I'll flag specialized-counsel issues and recommend supplemental review by an industry specialist if the contract triggers them. The risk-scoring methodology still applies; the industry overlay is what's added.
You
What if the counterparty refuses my redline?
S
That's the negotiation. The review tells you which clauses are worth fighting on (high-risk under California law, structural impact on the deal) and which are not (low-risk, cosmetic, or trivial). A counterparty who refuses every redline is sending a signal about the relationship; the review helps you understand whether their refusals are reasonable or whether they're trying to push terms past you. If you want me to handle the negotiation rounds themselves (back-and-forth with the counterparty's counsel), that's available as a separate hourly engagement on top of the flat-fee review.
You
Do you offer ongoing review for in-house teams?
S
Yes, for companies that don't have in-house counsel but have a regular flow of contracts (one or two a month). The structure is a small monthly retainer plus a discounted per-contract rate, scoped to the actual volume. This is a common arrangement for early-stage SaaS companies, agencies, and consulting firms whose deal volume doesn't justify a full-time GC but needs an attorney touch on each new contract. Email me to scope an arrangement.
You
What documents do you not review?
S
I don't review documents requiring specialized professional licenses outside my admission (real estate purchase agreements for non-California property, specific financial instruments requiring securities-broker review, immigration filings). I also flag and refer out tax-shelter structures, criminal-defense plea agreements, and any document that triggers a conflict with my existing client relationships. The intake includes a conflict check before I quote, so anything outside scope is identified up front.
You
How do you handle confidential contracts?
S
Attorney-client privilege applies as soon as I have the engagement letter signed. I sign mutual NDAs on request before the engagement letter. Most reviews don't require a separate NDA because the engagement itself triggers privilege, but enterprise clients with stringent confidentiality requirements get one. The contract goes to me, the analysis goes back to you, and nothing else gets disclosed. I do not use client contracts as training data for any AI system; my drafting and review work is attorney-supervised end-to-end.

Contract sent to you? Let me review it.

Email me the contract plus a short paragraph on your role and priorities. I'll respond same day with a scoped flat-fee quote.

Email owner@terms.law