Process

Using “Simplified Legal English” for Contracts?

Two people I enjoy following on Twitter are Kyle Mitchell (@kemitchell) and Ansel Halliburton (@anseljh). They’re half my age and twice my technical sophistication, they’re interested in contracts, and they throw around ideas that largely go over my head but certainly seem ambitious. Here’s Ansel’s latest idea: Updated some *very early* thoughts about what Simplified Legal English could look like. Comments? … Read More

Copy-and-Paste Glitches, Virtual-Reality Edition! (When Parties and Pronouns Don’t Match)

Today, my mole buried deep in the U.S. District Court for the Northern District of California—oh all right, it was @VBalasubramani—told me about Total Recall Techs. v. Luckey, No. C 15-02281 WHA, 2016 WL 199796 (N.D. Cal. Jan. 16, 2016) (PDF here). It involves a dispute between plaintiff Total Recall Technologies (a general partnership of Thomas Seidl and Ron Igra) and defendant Palmer … Read More

Contract-Drafting Dysfunction, Meet Cooking Dysfunction

I consult the cooking website Serious Eats quite often; I find it reliable, interesting, and innovative. The presiding genius is Kenji López-Alt, aka @TheFoodLab. He has a new book out, unsurprisingly also called The Food Lab; go here for the website. In true Christmas spirit, I purchased a copy for myself. I’ve only just started looking at it, but already something has … Read More

Do Clients Edit Contracts Drafted by Outside Counsel?

Last week I saw the following tweet: What Role Do In-House Counsel Have in Editing Briefs? via @ACCinhouse https://t.co/slJcNyvAAt — LexisNexis Legal (@LexisNexisLegal) November 6, 2015 Here’s my tweet in response: Same for contracts? https://t.co/NnaV96IbpH — Ken Adams (@AdamsDrafting) November 7, 2015 I’ll now answer my own question. In that ACC article, the author describes having a role in editing litigation … Read More

Contract-Drafting Dysfunction, Meet Medical Dysfunction

Over the weekend I listened to this episode of the radio show Freakonomics, “How Many Doctors Does It Take to Start a Healthcare Revolution?” My ears pricked up when I heard Jeffrey Brenner, who is a physician and the executive director of the Camden Coalition of Healthcare Providers, say the following: What I think many people would be shocked to find out … Read More

Pinning Your Hopes on Pie-in-the-Sky: My Analysis of Another Tim Cummins Post

Earlier this month I felt compelled to respond to a critique by Tim Cummins of an article I had co-authored. (See this post.) Tim is head of the International Association for Contract & Commercial Management (IACCM). Since it’s safe to assume that Tim won’t be inviting me over for tea any time soon, there’s nothing preventing me from now commenting … Read More

What Makes for a Good Contracts Playbook?

It’s a little after 4:00 a.m., I’m in a lounge at Bangkok’s airport, and my thoughts have turned to … contracts playbooks. You know—those scripts that tell a company’s contracts professionals how to respond to comments to the company’s draft contracts, or how to respond to the other side’s drafts. In connection with a consulting project I’m working on, a … Read More

“Conscious Contracts”?

Tweets by @Jeena_Cho and @CherylStephens alerted me to this item by J. Kim Wright. The title is Conscious Contracts: Bringing Purpose and Values into Legal Documents. Go ahead and read it; it’s short. I’ll wait. You’re back? Good. In her tweet, Cheryl asked me whether there was room in my world for this concept. Well, I find what Kim has … Read More

Is It Ever OK Not to Be Clear in a Contract?

Yesterday I had an exchange on Twitter with Pam Chestek, aka @pchestek, proprietor of the Property, Intangible blog. (You’ll see next month my article that sprang from a fruitful discussion I had with Pam a few months ago.) Yesterday’s exchange was prompted by my post on paid-up and royalty-free (here), but it strayed into the role of clarity in contracts. … Read More

Some Thoughts on the Adobe Legal Department Style Guide

Via this post by @bobambrogi, I learned that Adobe has made public a 30-page document called The Adobe Legal Department Style Guide, to encourage others to use it and adapt it for their own legal departments and law firms. Here’s why I’m writing about it: This document applies to all In-House Legal Department communication and documents, but has a special focus … Read More