Conventions Regarding the Order of Parties in the Introductory Clause

I’ve noticed that in most one-way confidentiality agreements, the disclosing party is listed first in the introductory clause. That prompted me to speculate whether in other kinds of contracts there’s a generally accepted order in which the parties are listed in the introductory clause.

On the other hand, there’s the urge to put your client, or your company, first. That could account for a majority of disclosing-party-first instances.

Which tendency has the upper hand? I await your comments on this gripping issue.

About the author

Ken Adams is the leading authority on how to say clearly whatever you want to say in a contract. He’s author of A Manual of Style for Contract Drafting, and he offers online and in-person training around the world. He’s also chief content officer of LegalSifter, Inc., a company that combines artificial intelligence and expertise to assist with review of contracts.