I once asked someone what she and her colleagues had taken away from an in-house seminar I had given at her company. Her answer? “A few techniques to bear in mind when drafting.” I don’t think that approach offers the best path to clear, concise, and consistent contracts. Traditional contract drafting involves some combination of improvising, relying on conventional wisdom, … Read More
I was in London last week. I rounded out a busy couple of days with a panel discussion hosted by UCL Faculty of Laws. It was entitled “Modern Contract Drafting: Improving Content, Upgrading Your Process, and Overcoming Inertia,” and it was held in the grand Gustave Tuck Lecture Theatre. For the recording, go here. You can find more information about the … Read More
Jason Steed is a Twitter personality who moonlights as an appellate lawyer. (Kidding!) Go here for his positive review of the fourth edition of A Manual of Style for Contract Drafting. Jason’s review prompted a few thoughts. For the heck of it, here they are: Regarding what’s different about the fourth edition, the simplest metric is that it has a … Read More
Thanks to that one-man research department, Steven Sholk, I learned of this article on Law360, entitled 3 Contract Drafting Myths Debunked. It’s about TA Operating LLC v. Comdata Inc., C.A. No. 12954-CB (Del. Ch. 11 Sept. 2017) (PDF here). It serves as a reminder that if you regard two contracts as a package deal, with performance under one being conditioned on … Read More
Here’s something I tweeted today: Pop songs are nice, but if you want to enforce promises, put them in a contract! pic.twitter.com/7jW8SgoI8t — Ken Adams (@AdamsDrafting) October 29, 2017 And here’s the tweet that followed it: Some saying should be "or", but song DOESN'T USE A CONJUNCTION! Invitation to a fight! I should have used "do one or more of … Read More
Over the years I’ve attended an assortment of legal conferences that feature continuing-legal-education (CLE) panel discussions. I find that I share a sentiment I’ve seen and heard expressed often enough: that despite the best intentions of the organizers and panelists, panel sessions can be dreary and not particularly helpful. Recently I posted on LinkedIn this item containing some general observations on what … Read More
The website of the Society for Computers and Law—an English organization—has a review of the fourth edition of A Manual of Style for Contract Drafting. It’s by Charles Drayson, an English IT lawyer with his own firm. Go here for the review.
Today I saw the following tweet: https://twitter.com/15lauren/status/921947032788414464 Here’s how I responded: You're doing it wrong :-) https://t.co/hKurJeRTmX — Ken Adams (@AdamsDrafting) October 22, 2017 The smiley in my tweet was to indicate that I was being facetious. Why was I being facetious? Because the process of drafting contracts, as it’s traditionally handled, would make anyone sad: You find, or are … Read More
In addition to the ACC annual meeting taking place in Washington, DC (I was on a panel), there’s the Legal Geek Conference happening in London. It came to my attention because of the following tweet: Yep…legal profession as the last vestige of the medieval guild system to survive. And #legaltech is here to change it #legalgeek pic.twitter.com/9NppMAzw6h — Joya (@joyavanhout) … Read More
Here are the dates for my 2018 public “Drafting Clearer Contracts” seminars in the US with Thomson Reuters (each day is a Thursday): 22 February, Dallas 22 March, New York 17 May, Chicago 14 June, Seattle 13 September, Boston 29 November, San Francisco And you can assume that in October I’ll do a seminar in Toronto with Osgoode Professional Development. … Read More
