I saw discussion on LinkedIn about whether one might use metrics to assess training in contract drafting. Here’s why I think that ain’t happening. How to Say Clearly and Concisely What You Want to Say in a Contract First, what’s meant by training in contract drafting? Let’s assume it refers to the kind of training I offer—training in how to … Read More
In this post from a few months ago, I wrote about doing my first in-person Drafting Clearer Contracts presentation in four years. It involved little in the way of travel—just taking the Long Island Rail Road to Manhattan. But since then, I’ve done two out-of-town gigs. This is about one I did recently. It was for a group of around … Read More
Alé Dalton, a healthcare partner at the Nashville office of Bradley Arant Boult Cummings LLP, saw fit to do a LinkedIn post about A Manual of Style for Contract Drafting. And I reckon it’s the most engaging and digestible take on MSCD since, well, forever! It’s in the form of a carousel—a series of images you click through. Check it … Read More
[Updated 11 September 2024: I’ve been fiddling with what article headings to use and moving sections around. I expect that will continue for a bit!] You’re drafting a contract that’s big enough for you to group sections into articles, so the contract is easier to navigate. What do you call the boilerplate at the back? “Boilerplate” would be too cryptic … Read More
Twice previously, I’ve critiqued articles written by three cognitive-sciences co-authors, Eric Martinez, Frank Mollica, and Edward Gibson. This 2022 blog post considers their article that aims to show that contracts are poorly written. That article tells us nothing we don’t already know. And this 2023 blog post considers their article examining why lawyers write in such a convoluted way. Because … Read More
This week tipster extraordinaire Glenn West mentioned to me an opinion of the England and Wales Court of Appeal, Cantor Fitzgerald & Co v. Yes Bank Limited [2024] EWCA Civ 695. This case involves syntactic ambiguity—confusion over what modifies what. I’ve written at length about syntactic ambiguity, and the lesson for drafters is always basically the same, so I thought … Read More
Next week, on Monday and Tuesday, 11 and 12 June 2024, I’m doing a Drafting Clearer Contracts online presentation, from 11:00 a.m. to 2:10 p.m. ET (US). Go here for more information. The fee is US$495, but if you’re a lawyer at a law firm with up to three lawyers, if you’re a contract manager, if you’re in government, if … Read More
I’ve just scheduled two series of my online course Drafting Clearer Contracts: Masterclass, which is built around eight live hour-long sessions held once a week and supplemented by reading and quizzes. The first session of one series starts on Thursday, 12 September 2024, at noon ET (US). The first session of the second one starts on Tuesday, 15 October 2024, … Read More
Last week I saw this in a contract: Subcontracting. Acme may engage employees, independent contractors, consultants, or other persons or entities (collectively, “Assistants”) to aid Acme in performing Acme’s obligations under this Agreement, so long as those Assistants abide by the terms of this Agreement, specifically Section 7 (Confidentiality) and, if required under HIPAA, the HITECH Act, or any other … Read More
I’ve just scheduled a new public Drafting Clearer Contracts presentation. It consists of two three-hour sessions on 10 and 11 June 2024 (Monday and Tuesday), starting at 11:00 a.m. Eastern Time (US and Canada). (Well, it’s actually three hours and ten minutes, if you take into account a ten-minute break!) This presentation serves as an introduction to A Manual of … Read More
