Litigators Drafting Contracts?

I recently encountered this article about drafting a mediation settlement agreement.

The fact that it was published by the Section of Litigation of the ABA reminded me that many litigators apparently dabble in contract drafting in order to draft settlement agreements. I find that a slightly scary notion, as the technical nature of contract drafting wouldn’t seem conducive to dabbling. I’ve sometimes wondered whether the florid quality of much release language is due to its being drafted by litigators.

So my instinct suggests that litigators would be better off having corporate lawyers draft their settlement agreements in consultation with them. But given the parlous state of mainstream contract drafting, litigators would be entitled to suggest that they could hardly do worse than most corporate types, particularly as settlement agreements aren’t rocket science.

Any thoughts?

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.