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Adams on Contract Drafting

Optimal Contract Language Requires More Than Enthusiasm: My Critique of Shawn Burton’s Article in the Harvard Business Review

Posted on December 23, 2017 by Ken Adams

Just in time for Christmas, the January–February 2018 issue of the Harvard Business Review offers us a lump of coal in the form of an article entitled The Case for Plain-Language Contracts (here). It’s by Shawn Burton, general counsel of GE Aviation’s Business & General Aviation and Integrated Systems businesses. It describes “a three-plus-year effort to […]

Posted in Critiques 16 Comments

Has “A Manual of Style for Contract Drafting” Failed?

Posted on December 8, 2017 by Ken Adams

[Updated 9 December 2017: I know that some of you wonder why I give airtime to people who disagree with me. Those people fall into two categories. First, there are those with some sort of credentials who publicly attack my work without justification; I think it’s in my interest to defend myself against them. An […]

Posted in Critiques, MSCD 10 Comments

I Respond to a Comment by Angela Swan of Aird & Berlis and Osgoode Hall Law School

Posted on December 6, 2017 by Ken Adams

I noticed that John Gillies’s review of the fourth edition of A Manual of Style for Contract Drafting (here) attracted a few comments, including this one by Angela Swan, counsel at the Toronto law firm Aird & Berlis and adjunct professor at Osgoode Hall Law School, York University: Adams is dead wrong in his views on […]

Posted in Critiques, Selected Provisions 31 Comments

Being Systematic About Plain English: Some Thoughts on GE Aviation’s New Template

Posted on March 8, 2017 by Ken Adams

Thanks to this update on LinkedIn by lawyer Alexander Tyulkanov, I saw this GE Report, entitled “Honey, I Shrunk The Contract: How Plain English Is Helping GE Keep Its Business Humming.” It describes how GE Aviation’s Digital Solutions unit replaced their seven bloated and archaic templates, each a hundred pages plus, with a five-page plain-English contract. It’s a […]

Posted in Critiques Leave a Comment

Citibank’s New Credit Card Agreement: My Review

Posted on December 5, 2016 by Ken Adams

Via reader Raif Palmer, I learned that Citibank has rolled out a new form of credit card agreement, one that features, according to the cover note to Raif, “A new, clean design with simple language.” Consumer contracts are different from business contracts. Generally I don’t do consumer contracts, but I couldn’t resist having a look […]

Posted in Critiques 1 Comment

I Dissect a Specimen of “Magic Circle” Contract Drafting

Posted on November 9, 2016 by Ken Adams

Yesterday evening I took part in a panel discussion in London organized by UCL Faculty of Laws and entitled “Dysfunction in Contract Drafting: Are the Courts, Law Firms, and Company Law Departments Stuck in a Rut?” (For more about the event, go here.) To give those present a sense of the dysfunction of mainstream contract prose, […]

Posted in Critiques 3 Comments

Revisiting Avvo Legal Forms, Part 2: “Minimum Viable Product” and Contract Forms

Posted on April 11, 2016 by Ken Adams

Early in the modest tweetstorm caused by last Friday’s post, I saw this tweet by @JEGrant3: Here's the power of an #MVP: @avvo just got @KonciseD to consult on improving their product. For free. #leanstartup https://t.co/FNf4BrOzvA — John E. Grant (@JEGrant3) April 8, 2016 I was mystified. “MVP”? WTF? But @anseljh came to the rescue, […]

Posted in Critiques 1 Comment

Revisiting Avvo Legal Forms, Part 1: Failure of Quality Control and Failure of Imagination

Posted on April 11, 2016 by Ken Adams

You might have seen last Friday’s post about Avvo Legal Forms (here). It prompted enough comment that I thought some follow-up was in order. Avvo’s Response In my post I was categorical that Avvo Legal Forms is, as I put it in the title, a real stinker. That prompted a response from Avvo’s CEO, Mark […]

Posted in Critiques 5 Comments

Avvo Legal Forms: A Real Stinker

Posted on April 8, 2016 by Ken Adams

I learned from this post by Bob Ambrogi that Avvo, an online legal-services marketplace, has announced that it “has added a selection of no-cost, high-quality legal forms for family, business, estate planning and real estate to its website.” Avvo apparently expects to have more than 200 forms available by the end of 2016. With no enthusiasm, I […]

Posted in Critiques 10 Comments

Plenty of Room for Improvement: My Critique of IBM’s New Two-Page Cloud-Services Contract (Updated with PDFs Containing the Comments)

Posted on December 29, 2014 by Ken Adams

Via a regular source of my Twitter leads, @ronfriedmann, I learned of this article in Corporate Counsel by Sue Reisinger about how a team at IBM “earned international recognition for taking dozens of pages of complex contracts for cloud services and reducing them to a simple, two-page document.” Assuming that you get rid of the dead wood, […]

Posted in Bad Drafting, Consulting, Critiques 15 Comments

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