Blog

Register for My 23 & 24 October 2018 Toronto “Drafting Clearer Contracts” Seminars (Including the “Advanced” Seminar)

15 August 2018 by Ken Adams

On 23 October I’m doing a “Drafting Clearer Contracts” seminar in Toronto with my longtime partner Osgoode Professional Development. I’ve done more seminars in Toronto than anywhere else, for more than 2,000 participants, and I’m looking forward to returning. And on 24 October I’m doing a half-day “Advanced” seminar devoted “the categories of contract language”—how to use verb structures to … Read More

Two Items from Radiant Law (and a Shout-Out to MSCD)

14 August 2018 by Ken Adams

Readers of this blog will be familiar with the ever-raffish Alex Hamilton, but I haven’t had occasion to mention his UK-based business, Radiant Law, which describes itself as “a law firm leading the way in optimising how large companies create, negotiate and manage their commercial contracts.” I’m doing so now because two items on their website caught my eye recently. … Read More

My Exchange with an English Reader of MSCD

14 August 201813 August 2018 by Ken Adams

Before I published my post The Post-Truth Mindset and “Endeavours” Provisions (here), I ran a draft by one of my English readers. I found what he had to say particularly eloquent, so here it is, with my response. I welcome you to chime in. You’re asking me to guess UK audience reaction, right? If you carry on doing the same thing … Read More

The Post-truth Mindset and “Endeavours” Provisions

13 August 2018 by Ken Adams

The above cartoon, by @MartinShovel, caught my eye. I won’t claim to know whether we’re dealing with cause or effect, but a toxin coursing through civic life in both the United States and the United Kingdom is the “post-truth” notion that all that’s required to make our point of view valid is that we believe it. There’s nothing new about … Read More

What Incremental Change Looks Like, Part 2

11 August 201811 August 2018 by Ken Adams

I keep my eye open for signs that MSCD-compliant language is seeping into contracts. For example, last week while rooting around on Edgar, I noticed a contract that uses my force majeure language. (Go here for my force majeure language.) But if I were looking for A Manual of Style for Contract Drafting to quickly result in sweeping change, I’d … Read More

How I Would Go About Redrafting Your Templates

1 August 2018 by Ken Adams

I have a standing offer: if you send me one of your templates, I’ll tell you how I’d fix it. One of my seminar customers took me up on my offer. I thought you might find my response of interest, so here it is, lightly redacted: When assessing a contract, I consider five factors: what the contract says, how it … Read More

“Indemnify” and Picking Your Battles Over Terminology

1 August 2018 by Ken Adams

I’ll be in London in November. In addition to doing a “Drafting Clearer Contracts” seminar on 5 November for my friends at UCL Faculty of Laws (here), I’ll be speaking on 1–2 November at The Legal English Event. I’m looking forward to the The Legal English Event, so I noticed this tweet: What does indemnify mean? What does warrant mean? … Read More

“Habendum”?

31 July 201831 July 2018 by Ken Adams

While rooting around on Edgar, as is my wont, I came across the following: You see it? Bang in the middle? “HABENDUM”! I know I don’t get out much, but I’d never seen habendum before. Here’s what Black’s Law Dictionary has to say: habendum clause (hə-ben-dəm) (1829) 1. The part of an instrument, such as a deed or will, that defines the extent of … Read More

My “City of Contracts” Podcast with Michael Woronoff of Proskauer

26 July 2018 by Ken Adams

Yes, folks, I’m gently easing into the podcast world, thanks to logistical support from LegalSifter. The first episode is available here. It consists of my conversation with Michael Woronoff of Proskauer. Check it out. The podcast is called City of Contracts, a name that I hope conjures the many different constituencies involved in contracts. I think the first episode is … Read More

You Work with Contracts in India? I’d Like to Hear from You

25 July 2018 by Ken Adams

I’ve previously announced that 4 October 2018 I’ll be giving a “Drafting Clearer Contracts” seminar in Mumbai with Asian Legal Business. (For more information, go here.) I’ve had very little contact with India over the years. In 2017 I played a tiny part in a contract-drafting competition run by an Indian law school. Also in 2017, I wrote this post … Read More

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