Koncise Drafter Giveaway: My “Before” and “After” Versions of an Extract of a Master Professional Services Agreement

You may recall that I was on a panel at the 2010 ACC annual meeting. I included in the materials for that panel three versions of an extract of a master professional services agreement. I thought that they might be of general interest, so I offer them to you now, in Word:

  • Go here for the “before” version.
  • Go here for two pages of the “before” version, annotated with—count ’em—276 comments pointing out contract-language shortcomings.
  • Go here for the “after” version, consisting of those two pages redrafted consistent with MSCD.

I think that the difference between the “before” and “after” versions is dramatic. I prepared this analysis for a major public company (I’ve redacted all identifying information), but I could give pretty much any other contract the same working-over.

Please note that I’m not suggesting that you should use the “after” version as any sort of model—my redraft focused on clarity rather than substance.

By the way, when I’m not cranking on Koncision’s first product I do redrafting projects for clients.

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.