I have a list with hyperlinks to my blog posts and articles about the contracts process. Periodically I update it; go here for the most recent version. But if you’re interested in the contracts process, you’ll also want to check out @theContractsGuy‘s posts on how to sign a contract (here) and keeping track of contract versions (here).
Cousin Joshua Stein pointed out to me this post on Above the Law. It’s by Keith Lee, who has his own site, Associate’s Mind. Keith’s post is about the perils of hasty change: Put simply, don’t ever take a fence down until you know the reason why it was put up. Policies and procedures that are in place are likely … Read More
I was interested to learn, via @martinertl, of an article on Slate.com by Jessica Olien (@jessicaolien) entitled Inside the Box: People Actually Don’t Like Creativity (here). I recommend that you read the entire article, but here are some bits that caught my eye and seemed relevant to what I’m trying to do: This is the thing about creativity that is … Read More
We know that in general, BigLaw contract drafting leaves a lot to be desired. We also know that when it comes to changing how they draft contracts, law firms face greater obstacles than do companies. (See this article.) But change is possible: at least one Australian law firm that I know of, Mallesons Stephen Jaques (now King & Wood Mallesons), … Read More
In this post I quote Tim Hadley’s email to me regarding how the other side to a transaction responded to his MSCD-inspired drafting. An interesting additional aspect to Tim’s interaction with counsel representing the buyer was the cover note he added to the draft. Go here to see a PDF copy. Tim was prompted to add his cover note by … Read More
For purposes of implementing clearer contract language and a more efficient contract process, change at the level of the organization allows change to happen more quickly. But given that inertia holds sway at most organizations, I suspect that change is mostly being implemented by individuals, whether operating on their own or within organizations. Last week I encountered an example of … Read More
Isaac Newton defined inertia in his first law of motion. Here’s how his Philosophiæ Naturalis Principia Mathematica describes inertia: The vis insita, or innate force of matter, is a power of resisting by which every body, as much as in it lies, endeavours to preserve its present state, whether it be of rest or of moving uniformly forward in a straight line. If I … Read More
There’s been a lot of chatter recently about the relative prospects of traditional law firms (“BigLaw”) and competitors such as Axiom (“NewLaw”). Much of that discussion was prompted by this post by George Beaton, an Australian consultant. It’s a discussion that I’ve had no trouble steering clear of. That’s because as I see it, there’s nothing much to choose between … Read More
In response to a cri de coeur from @FlemingMF, in this 2009 post I introduced a notion aimed at preempting pushback from traditionalists bewildered by clear contract language. I suggested that when you send out a first draft that complies with MSCD, you could include a cover note asking that the other side refrain from making comments that don’t pertain … Read More
I noted with interest the article Lock-Up Creep. It’s by Steven M. Davidoff, the least of whose accomplishments is the fact that he’s my webcast co-presenter, and Christina M. Sautter, of LSU Law Center. The article is in the most recent issue of the Journal of Corporation Law, but currently the best online source for it is SSRN (here). What are lock-ups? … Read More
