Ken Adams

Software Leading the Blind, Based on Work Product of the Blind

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Yesterday I saw this tweet by the estimable @ronfriedmann: New @LegalSifter ‘Sifts’ Legal Docs to Provides Negotiation Advice. @bobambrogi https://t.co/N96jWk3eEVContract tool ecosystem blossoms — ronfriedmann (@ronfriedmann) September 15, 2017 Every so often Ron says something glass-half-full about software for contracting; ever predictable, I respond glass-half-empty. Or I throw the glass over my shoulder. This is one of those occasions. The … Read More

Video of My Presentation at Clio Cloud Conference 2016

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I belatedly realized that my presentation at Clio Cloud Conference 2016, entitled “Traditional Contract Drafting Is The Worst,” is available online. I can’t imagine anyone sitting through the entire thing. But if you’ve ever wondered what my schtick is like, dipping into the video below would give you a glimpse of me in all my gawky glory. (I wouldn’t dream … Read More

Do Contracts Matter in Lithuania?

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In 2014 an odd little episode occurred. A friend told me that I should check out the website of the Lithuanian law firm Linden. As I noted here, one of the photos they have in rotation shows the second edition of A Manual of Style for Contract Drafting peeking out from a briefcase. I took that as a sign from the … Read More

Notes from the Road: Saudi Arabia

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Last Sunday and Monday I gave back-to-back “Drafting Clearer Contracts” seminars in Riyadh, Saudi Arabia. The seminars were held at the impressive offices of the Saudi Center for Commercial Arbitration and were arranged by the Commercial Law Development Program of the U.S. Department of Commerce. My thanks to the SCCA for their gracious hospitality. My thanks also to CLDP for making … Read More

The Marketplace of Ideas Is Horsesh*t: Discuss

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[Trigger warning: navel contemplation follows.] This morning I noticed the following two combative tweets, courtesy of @section_sign: https://twitter.com/section_sign/status/905408538738126848 Regular readers will know that I regularly invoke the marketplace of ideas. Well, is the marketplace of ideas in fact horseshit? I have nothing to say about that Tower of Babel, the broader marketplace. The marketplace in which I ply my wares—the … Read More

“When Contracts Seek to Preempt Judicial Discretion”: My New Article with Vice Chancellor Laster of the Delaware Court of Chancery

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The fall issue of the magazine Judicature contains my article with Vice Chancellor Laster of the Delaware Court of Chancery, entitled When Contracts Seek to Preempt Judicial Discretion. Go here for a PDF copy. I leave it to others to judge the content, but I think this article gets high marks for originality in terms of the topic alone: I’ve … Read More

A Testimonial from a Different Sort of Consulting Client

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Most of my consulting work is for big companies. Because of economies of scale, it’s worth their while for them to hire me. But occasionally I get a different sort of consulting client. A recent example was Jonathan Feigenbaum. He’s a sole practitioner, based in Boston. Heck, he’s not even a transactional guy—he handles benefit claims. It’s awkward to ask … Read More

Another Skirmish in the “Shall” Wars

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Today a reader posted the following comment (found here): Ken, I have been pushing your rules about shall and must since I started drafting contracts. Recently, a colleague said that we should use must exclusively. He pointed to the following link to bolster his case: https://www.faa.gov/about/i… I wanted to point it out for your opinion. Thanks If you want to … Read More

The Latest from Glenn West

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I feel it’s my civic duty to keep you posted of Glenn West’s latest offerings. There’s his post What Is the Deal with No-Oral-Modification/Waiver Clauses? And there’s his most recent post, Avoiding the Mindless Use of the Brainless MAC Clause. Here’s the gist of the latter: In negotiating carve-outs, bear in mind that not including a carve-out for a particular circumstance when … Read More

The voice that matters.

Innovative scholarship. Extensive writings. Hundreds of Drafting Clearer Contracts presentations around the world. Commitment. That’s what makes Ken Adams the unmatched authority on clearer contract language.

Contact Ken

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Garden City, NY 11530-1432

(516) 318-6956

kadams@adamsdrafting.com

© 2025 Kenneth A. Adams

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