Blog

More on Time Zones and References to Time in Contracts

One of the joys of scholarship is that it offers plenty of opportunity for you to be a doofus. I’ve taken advantage of that over the years. It goes with the territory: if your scholarship is worth anything, it will venture into the unknown (unknown to you, at least), and the unknown is where you stumble. My most recent opportunity … Read More

Changes Made to the Second Printing of the Fifth Edition of MSCD!

File this under “Better late than never.” Way late. The second printing of A Manual of Style for Contract Drafting came out in spring 2024. If you have a copy of the first printing, you might want to note in it changes I made to the second printing. Here they are: As changes go, I think we can say they’re … Read More

If “Indemnify, Defend, and Hold Harmless” Isn’t Enough

Yesterday I received from longtime reader Chris Lemens an email complaining about someone opting for indemnify, hold harmless, and exonerate. It’s bad enough to have hold harmless, not to mention defend—why add exonerate! I looked into indemnify plus exonerate, and yes, it’s a thing: But inspired by Chris, I looked for other gratuitous additions to indemnify, and I found protect: … Read More

You Can’t Count on Prompting Your Way Out of AI Dysfunction

[Revised on 11 September 2025 to change the title and the text. The original title was If AI Gets One Thing Wrong, It Might Get Other Stuff Wrong.] Recently I saw on LinkedIn, in this post by Kara Dowdall, the following assessment of a contract: This assessment was generated by artificial intelligence. Or more specifically, by Claude, from Anthropic. I … Read More

MSCD Still Has Value as a Credential

The image below is from my repost of a LinkedIn post by Chris Lemens, who has been reading my stuff for as long as I have written stuff. What prompted my repost was two comments Chris added to this LinkedIn post by Nada Alnajafi: So Chris makes it explicit—the simplest way to demonstrate your value to Chris would be to … Read More

Lawyers Pay Attention to Caselaw, Unless They Don’t: A Thought Prompted by Glenn West’s Response to Chowdhury, Chudkowski & Gulati

In a previous blog post (here), I offer thoughts on a law review article, Tara Chowdhury, Faith Chudkowski & Mitu Gulati, The Form Knows Best, 79 U. of Miami L. Rev. 607 (2025). The same issue of that law review contains Glenn West’s response to that article—The Form Doesn’t Know Anything: A Response to Chowdhury, Chudkowski & Gulati, 79 U. … Read More

For Readers in Asia: For Contract Drafting, AI Is No Substitute for Knowledge (Plus News of Presentations in Asia)

One of my corporate partners, Thomson Reuters Asia, is contemplating something old-fashioned—having me do Drafting Clearer Contracts presentations in Hong Kong, Singapore, Jakarta, Bangkok, Manila, and Mumbai (details below). Yes—really. I offer Drafting Clearer Contracts training online, but in-person presentations can be more fun. But my contact at TR tells me that some potential participants have suggested there’s no point. … Read More

It’s Never Good to Use “Shall Be” in an Autonomous Definition

In a LinkedIn post, I challenged readers to find for me a contract that used shall be or will be in creating an autonomous definition. I wasn’t surprised that I was the only entrant in that thrilling competition. I submitted the following example: Using shall be in this context is as unhelpful as using is. That’s something I discuss in … Read More

On-Demand “Drafting Clearer Contracts” Training: Sign Up for News!

My notion of offering an on-demand module of my Drafting Clearer Contracts training is slowly shifting from a gleam in my eye to reality. Videos and Quizzes This module will consist of 200+ short videos, some proportion of them accompanied by automated quizzes. The foundation of Drafting Clearer Contracts training is my book A Manual of Style for Contract Drafting. … Read More