The Two Rules of Using “This” in Contract Drafting

Yesterday I saw this tweet by Kaitlyn Fydenkevez: I have spent a large portion of my day fighting over whether a particular contract should refer to itself as “this Form” or “this form”. @AdamsDrafting, what have you done? What we’re seeing here is what happens when you eat the fruit of the contract-drafting tree of knowledge—you look around with new … Read More

Revisiting Jurisdiction Provisions

A reader pointed out this post by John Coyle on the Transnational Litigation Blog. It concerns litigation over this provision: This agreement is governed by the laws of Ireland. If we bring an action to enforce this agreement, we will bring it in the jurisdiction where you have your headquarters. If you bring an action to enforce this agreement, you … Read More

The Word “Content” and Commoditizing Insight

Consider the noun talent. It can be used to refer collectively to musicians or actors, especially star performers. In that context, I’m used to it coming out of the mouths of managers, record-company executives, and others looking to make money off of artists. It gives off a whiff of condescension, even denigration. That brings us to the noun content. In … Read More

Updated: “Individual”

In this 2014 post I express a preference for individual when referring a human being, and I haven’t shifted from that. But today I saw this post by Keith Paul Bishop. Here’s the relevant part: However, corporations may have a variety constituent parts, but they are quite literally bodies (corpus is the Latin word for a body). Thus, it may … Read More

A New Contracts Blog? Somebody Pinch Me!

This week I noticed a new blog, Improving Contracts. It’s by Chris Simkins, a commercial lawyer based in the UK; he’s Head of Contract Optimisation at Simmons & Simmons, the global law firm. (Nice title!) The blog has the tagline “A blog about creating better contracts,” but I asked Chris for a bit more detail, and here’s what he said: I’ve … Read More

The Blue-Sky Bolt and the Role of Insight in the Legal Realm

Recently someone pointed out a typo in the fifth edition of A Manual of Style for Contract Drafting. (More about that thrilling topic soon!) In an email to them, I joked about awarding them the “Crimson Lightning Bolt for Glitch-Finding Valor.” That got me wondering what such a medal might look like. Because I now have in my corner Moh … Read More

Meet the Designer of My Monkey Illustration

In this post I discuss the illustration above. It graces one of the T-shirts and one of the mugs on offer in my new A Manual of Style for Contract Drafting merchandise store (here). I set up my store as a light-hearted way to allow those who value MSCD to express that. But if anything is worth doing, it’s worth doing … Read More

In Contract Drafting, As in Everything Else, Pain Is a Precursor to Change

Last week, a couple of dozen participants joined me in session 2 of a public series of my online course Drafting Clearer Contracts: Masterclass. The topic was what I call “the categories of contract language”—my framework for how to determine what kind of meaning you wish to use in each sentence in a contract and what verb structure you use … Read More

What Is a Copy-and-Paste Monkey?

Yesterday I launched an online store to sell A Manual of Style for Contract Drafting T-shirts and mugs. Why? For the heck of it. See this blog post for more. The items on sale feature, in addition to the cover of MSCD, the design in the image above, which was the winning entry in a contest I ran on 99designs. … Read More