Expanded Language of Recommendation

One of the categories of contract language is language of recommendation. It’s discussed at MSCD 3.332, and I introduced the idea in this 2011 post. Obviously enough, you use it when one party is recommending something to another party: The Company recommends that the Participant consult with his or her personal advisor ….

I’ve always though that language of recommendation is a little insubstantial. I’ll now beef it up a little by pointing out that it involves verbs other than recommend. For example, The Company [reminds] [encourages] the Participant ….

Because this category involves more than the verb recommend, should I call it something other than language of recommendation? I’m open to the idea, but so far I haven’t thought of an alternative that I prefer. Any ideas?

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.