Category Archives: Drafting as Writing

“This Is a Plain English Warrant Agreement”?!?

Behold what I just found washed up on the shores of the SEC’s EDGAR system: PLAIN ENGLISH WARRANT AGREEMENT This is a PLAIN ENGLISH WARRANT AGREEMENT dated May 22, 2008 …

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Posted in Drafting as Writing | 4 Comments

“During the Period”

Following up on my post about the date that is (here), here’s another bit of clutter that occurs in references to time—the phrase during the …

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Posted in Drafting as Writing | 4 Comments

“The Date That Is”

The phrase the date that is—as in before the date that is, after the date that is, no later than the date that is, and …

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Posted in Drafting as Writing | 5 Comments

“Declination”

A few days ago I received from my daughter’s school a form with the heading “Influenza Vaccine Consent/Declination.” I had never met declination, meaning “formal …

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Posted in Drafting as Writing | 1 Comment

Terms of Art That Can’t Be Replaced

I recently saw the following on Twitter: Do you think there are legalisms (terms of art) that cannot be replaced with plain language? We’re making …

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Posted in Drafting as Writing, Selected Usages | 9 Comments

My Discussion With the Chicago Style Q&A Regarding Capitalization of Words Denoting Political Divisions

The Chicago Manual of Style is an essential resource. It’s useful even for contract drafters (see this 2012 post). But I’ve long had a quibble …

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Posted in Drafting as Writing | 10 Comments

“However So Described” and a Different Way to Handle Redundancy

At last week’s seminar in Sydney, one of the participants asked me about the phrase however so described. I told her that I’d look into …

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Posted in Drafting as Writing, Selected Usages | 5 Comments

A Case Study in Eliminating a String of Nouns from a Contract

Consider the following (emphasis added): This agreement is personal to the Employee. The Employee shall not assign any of the Employee’s rights or delegate any …

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Posted in Drafting as Writing | 8 Comments

Is “The Chicago Manual of Style” Relevant to Contract Drafters?

I was surprised to have my publisher point out to me that although in the manuscript for the third edition of MSCD I had cited …

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Posted in Drafting as Writing | 1 Comment

Court Describes Contract Language as “Gibberish”

The reader who goes by the name A. Wright Burke, M. Phil., told me about this article by Edmund H. Mahoney in the Hartford Courant. It …

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Posted in Drafting as Writing | 1 Comment

Goodbye, “Magic Words”

Some readers may have noticed that in this post discussing problematic terms of art I don’t use the phrase “magic words.” I’ve long used “magic …

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Posted in Drafting as Writing | 5 Comments

The Different Kinds of Problematic Terms of Art Used in Contracts

[This post replaces this previous post, which I deleted, except for the comments. Very occasionally I write something, post it, and then promptly realize that …

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Posted in Drafting as Writing | 6 Comments

What Terms of Art Are Indispensable? (Deleted Except for Comments)

[I've deleted this post because it has been supplanted by this post. Sorry for the discombobulation!]

Posted in Drafting as Writing | 8 Comments

Interpretation Mischief at the Fifth Circuit?

A recent opinion by the Fifth Circuit Court of Appeals serves as yet another reminder that the job description of anyone drafting a contract includes …

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Posted in Drafting as Writing | 1 Comment