A Real-World Example of a Preempt-the-Traditionalists Cover Note

In this post I quote Tim Hadley’s email to me regarding how the other side to a transaction responded to his MSCD-inspired drafting.

An interesting additional aspect to Tim’s interaction with counsel representing the buyer was the cover note he added to the draft. Go here to see a PDF copy.

Tim was prompted to add his cover note by my post on preempting pushback from traditionalists (here). His note reflects a somewhat different approach. But I suspect that what approach you use is less important than the basic message that any such preemptive strike sends the other side.

About the author

Ken Adams is the leading authority on how to say clearly whatever you want to say in a contract. He’s author of A Manual of Style for Contract Drafting, and he offers online and in-person training around the world. He’s also chief content officer of LegalSifter, Inc., a company that combines artificial intelligence and expertise to assist with review of contracts.