Once in a long while I see a template contract that uses Word’s line-numbering feature to include line numbering in the left margin of each page. The idea, obviously, it to allow anyone involved in drafting or negotiating a contract based on the template to pinpoint language at issue—Let’s strike the word “material” on page 46, line 12. That’s a laudable … Read More
I said in this blog post that I planned to do a post about Deal Proof. Well, here it is. Deal Proof is a Thomson West product; click here to go to the relevant page of the Thomson West website. It’s a document-analysis and proofreading tool that many of the big firms subscribe to. It checks for inconsistent use of … Read More
FYI, I’ll be on the panel for a CLE session at the ABA 2008 annual meeting, which is being held in New York. The topic is “Getting the Business Deal into the Contract—Choosing the Right Words.” It’s being held at 2:30 p.m. on Friday, August 8. Also on the panel will be Tina Stark, professor at Emory Law School and … Read More
In this post I described how I had heard someone cite by name some companies and one law firm—a multi-office U.S. law firm—that had foresworn use of shall. Well, recently I had the privilege of giving a series of seminars at that law firm, and I was tickled to be able to ask two senior corporate partners whether their firm … Read More
If you say that something has to be satisfactory to Acme, the standard might be an objective one, in that it would be met if a reasonable person in Acme’s position would be satisfied. Alternatively, it could mean that Acme actually has to be satisfied, subject only to the implied duty of good faith—the standard is a subjective one. The … Read More
Law firms could take a number of steps to put their contract drafting on a more rational footing. They could adopt a contract-drafting “house style” that recommends usages to employ and usages to steer clear of. They could offer rigorous training. And they could implement a centralized template initiative, maybe even one that makes use of document-assembly technology. But in … Read More
West Legalworks would like me to do webinars for them. I’m open to the idea. I could do a series based on MSCD—maybe eight one-hour webinars. They’d be done live and then would be available on demand. Would doing MSCD webinars cause me to lose seminar business? I don’t think so. If you come to my seminars or invite me … Read More
I’m back after a three-week break from blogging. I’m not exactly refreshed, as I was traveling hither and yon doing seminars and, during down time, reviewing page proofs of the second edition of MSCD. I have a relatively tranquil summer ahead of me, so I’ll be recharging my batteries, mainly by turning to man-about-the-house duties that I’ve cheerfully shirked for many … Read More
With age, birthdays become less important, so it shouldn’t come as a surprise that on the second anniversary of this blog (give or take a few days) I’m less inclined to wax lyrical than I was after the first anniversary. But a few stray thoughts come to mind: I pay little attention to my blog’s statistics. All I care about … Read More
Such as is ambiguous—it might be unclear whether the clause it introduces serves to reduce the scope of the class represented by the preceding noun. This can result in contract disputes. Consider the following sentence: Richard collects books about painters such as Botticelli and Donatello. Given the general nature of the class in question (painters) and the narrowness of the … Read More
