Ken Adams

Do Law Professors Disdain the Practical?

In this 2020 blog post, entitled somewhat gradiosely The Deafening Silence: Why People Generally Don’t Take Me On in the Marketplace of Ideas, I explain why, well, people generally don’t take me on in the marketplace of ideas. But this article by Katy Barnett of Melbourne Law School got me to thinking further about the role that academics play, or … Read More

MSCD5: Can I Interest You in Doing a Review?

It would be hard to think of something more unfashionable than a book review, but book reviews perform a valuable service. The in-depth expertise required to tackle a demanding subject likely resides in books, but most of those looking to benefit from that expertise necessarily won’t possess the expertise required to evaluate that expertise. (Catch-22!) Book reviews can help people … Read More

Using CrossCheck to Police Your Defined Terms and Look for Other Glitches: Q&A with Steven Gullion

These days I don’t write much about legaltech for contracts. There’s way too much of it. And I don’t do deals, so I’m not in much of a position to put such products through their paces. But I’m making an exception with this Q&A with Steven Gullion, of CrossCheck. CrossCheck looks for technical glitches that can afflict use of defined … Read More

Grinding Out the Expertise

This week, I received an email with this opening line: “Researching the topic of contract drafting, I seem to keep stumbling across your content as the subject matter expert.” And yesterday I noticed that the ACC Docket has designated my article with Michael Fleming on reviewing contracts (here) as one of 2022’s Most Read Docket Articles. This sort of recognition … Read More

MSCD5: When and How Much!

Friends, the fifth edition of A Manual of Style for Contract Drafting (otherwise known as MSCD5) will be available for purchase from the American Bar Association in mid-April 2023. To echo what a deeply nerdy reader actually said, “I feel excitement in the air!” It has been a long time coming. I started work on it in November 2021. And … Read More

Revisiting “Good Enough” in Contract Drafting

An exchange of tweets by Ron Friedmann and Casey Flaherty (here) yesterday prompted much cocktail-party conversation on the state of the legal market, with an emphasis on the implications of the new variant of artificial intelligence known as ChatGPT. (I wrote about ChatGPT in this blog post.) A recurring theme in the discussion was the notion that contracts can be … Read More

Making More Judges Aware of MSCD

Of the sixty-odd articles I’ve written, one is a real turkey: Revisiting the Ambiguity of “And” and “Or” in Legal Drafting, published in 2006. It flubs the analysis of or. I was subsequently rescued by Rodney Huddleston, titan of linguistics (see this 2020 post), so in A Manual of Style for Contract Drafting, the analysis of ambiguity associated with or … Read More

MSCD5: Moar Detail!

In a conversation a few years ago with a BigLaw partner—a friend of MSCD—they recalled wistfully the first edition, which gave you relatively concise advice on the basics. Well, they’ll be even more wistful when they see MSCD5, because I’ve added greater detail. A good example is my treatment of our old friend efforts provisions. I’ve revised that chapter to … Read More