Casey Flaherty Ruminates on Contract-Drafting Dysfunction (and Offers Thoughts on MSCD and Me)

A Manual of Style for Contract Drafting isn’t a promising candidate for a book review. Unless you’re willing to immerse yourself in detail, perhaps the most sensible approach would be to do a quick in-and-out, skating over the hundreds of pages of exegesis and exiting with a sigh of relief.

Well, thank goodness for contrarians like Casey Flaherty. In this post on 3 Geeks and Law Blog, Casey considers what I do, but he doesn’t get bogged down in minutiae, and he’s anything but glib. Instead, he uses the post as an excuse to revisit, in his inimitably discursive way, the arguments in favor of, and the prospects for, change in a hidebound profession.

Casey and I are fighting the same battle on overlapping fronts. His peroration would have put a lump in my throat, if I weren’t such a tough guy:

I know I’m fighting the good fight. But it’s trench warfare. Progress is measured in inches. I am keen on any technological advancement, tactical innovation, or strategic shift that might fundamentally alter the dynamic. When do we start capturing huge chunks of territory? I remain hopeful that the answer is soon. But I’m not counting on it and intend to keep fighting anyway.

About the author

Ken Adams is the leading authority on how to say clearly whatever you want to say in a contract. He’s author of A Manual of Style for Contract Drafting, and he offers online and in-person training around the world. He’s also chief content officer of LegalSifter, Inc., a company that combines artificial intelligence and expertise to assist with review of contracts.