Process

I routinely encounter the assumption that lawyers understand contracts better than others, and that the challenge is for lawyers to help everyone else by making contracts clearer. For me, that sets alarm bells ringing. Consider this in terms of my usual framework, which divides contract drafting into the tasks of determining what you say and determining how you say it. … Read More

I noticed that Tim Cummins, head of the International Association for Contract & Commercial Management (IACCM), mentioned in this post on his blog my recent post about GE Aviation’s template initiative (here). I’m pleased that Tim thought it worth his time to read it. Three thoughts: Some Stuff Is Complex Tim again lumps me with traditionalists, saying, in referring to … Read More

I find it convenient to divide the world of contract drafting into deciding what you want to say in a contract and deciding how you want to say it. They’re not distinct tasks, but rather two ends of a spectrum, with blurring in the middle, because how you say something can unexpectedly affect meaning. I focus on the how-to-say-it part, … Read More

In this post I critique Shawn Burton’s article in the Harvard Business Review in terms of the guidance it offers on making your contracts clearer. But it also offers a useful reminder of the benefits of overhauling your templates top to bottom. Usually when I work on a template for a consulting client, I start by redrafting their version of … Read More

The most prevalent defense of traditional contract language is that it has been “tested” by the courts. Heck, I even encountered an ardent proponent of the notion on my recent trip to Saudi Arabia. So I wasn’t surprised to encounter this comment on LinkedIn that endorses the notion. But I was intrigued that the comment was by the general counsel … Read More

Today I noticed this post on LinkedIn by Nir Golan, a legal-tech guy based in Israel. He opens his post by saying “It is time for simple legal docs.” I assume that by “docs,” he primarily means contracts. He also says this: Instead of spending millions of dollars developing tech to help us understand complicated legal docs, why not finally … Read More

You’re in charge of contract templates at a big company. When it comes to creating and maintaining a company’s contract templates, often one has to make do. But that doesn’t apply to your company. You’re too big for that excuse to work. Besides, your company is fond of proclaiming how it strives for “excellence.” But in terms of what they … 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

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