Blog

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

The Form Is Copy-and-Pasted, and So Is Everything Else: Thoughts Prompted by Chowdhury, Chudkowski & Gulati

Recently I encountered this law review article: Tara Chowdhury, Faith Chudkowski & Mitu Gulati, The Form Knows Best, 79 U. of Miami L. Rev. 607 (2025). In this post, I explain two quibbles. I also suggest that the reality the authors describe is better explained by copy-and-pasting, as opposed to being driven by forms. The Article In their article, Chowdhury, … Read More

A Note from a Grateful Reader, and My Reply

The image below contains the text of an email message I received from a law student yesterday. In case it’s of interest, here’s how I responded: Hi [Name]. Fortunate is the author who gets this sort of message from a reader! Now that you’re on the road to being an informed consumer of contract language, I offer the following suggestions: … Read More

The Legalistic Mind Can Rationalize Anything

If a contract usage has been around long enough and appears in enough contracts, you’ll find people to defend it, no matter how archaic or otherwise nonsensical it is. A case in point: yesterday Ryan McCarl did this LinkedIn post about the word witnesseth, calling it a “meaningless incantation.” That prompted one reader to say this (in two comments I’ve … Read More