Draft Koncision FAQs
[Updated 8:00 p.m. EDT March 28, 2011 to move the FAQ to the FAQ page [link no longer available].]
Use of Code Names in Contract Drafting
I’m currently working on Koncision’s terms of use. One point I’m making is that although the document-assembly engine will be protected by robust security measures, Koncision can’t guarantee absolute confidentiality of the information you provide when you complete a questionnaire. So if confidentiality is essential, you should use codes for party names, product names, or any other sensitive information. Now … Read More
Charlie Sheen and “Moral Turpitude”
Readers have pointed out to me that the infamous phrase moral turpitude has crawled out from under a rock into the glare of the spotlight, thanks to Charlie Sheen. In this March 7 letter to Sheen’s lawyer, Warner Bros. Television’s outside counsel, Munger, Tolles & Olson, stated that Warner Bros. Television’s termination of Sheen’s contract was based in part on … Read More
An Alternative to Indemnification Language for Confidentiality Agreements
It’s time that I tidied up one loose end. In this recent post, I proposed indemnification language to include in a confidentiality agreement in order to say who is responsible for liabilities resulting from disclosure of confidential information by representatives of the recipient. I thought that the new language would make it clear that when bringing a claim for indemnification … Read More
2011 “Drafting Clearer Contracts” Seminars: First Stop, Philadelphia
I’ll be in Philadelphia on March 10, 2011, giving the first “Drafting Clearer Contracts” seminar of 2011. (Go here for more information.) I’m looking forward to getting back on the road. I have a revised set of materials, with a nifty Koncision theme rather than the old AdamsDrafting theme. And I plan on including a Koncision demo. But to forestall … Read More
Feast Your Eyes on Koncision’s New Severability Provision
[Updated 16 September 2020: See this February 2017 post for a new version of this provision.] [Updated April 23, 2013: See this October 2012 post for a revised version of this language.] [Updated 2:30 p.m. EST, March 7, 2011: To tweak the language, as discussed in the comments.] One exciting part of working on Koncision’s confidentiality agreement is that I’ve … Read More
What's With Indonesia and Contract Drafting?
I use one of my TweetDeck columns to search Twitter for references to “contract drafting.” Out of the flotsam that’s pulled in, I’ve found one category that’s particularly intriguing. It consists of Twitter updates in Indonesian. I have no idea what’s being discussed, as just about the only words in English are “contract drafting.” Here’s one example, sent by @apriliansyah: … Read More
When You’re Wedded to Doing Things “Your Way”
The other day I spoke with someone about a chunk of my work. This person was entirely helpful and congenial, but he gently made it clear that he wasn’t inclined to pay much attention to my analysis and recommendations. Instead, he said that his organization preferred to do things “their way.” Referring to “your way” is fine when it comes … Read More
Some Thoughts on Analogizing Contract Drafting to Writing Software Code
I’m partial to comparing contract language to software code. And I’m not the only one. For example, on Twitter @dgulbran said, “Programming and contract drafting both appeal to me; they both require logical consistency and attention to detail. I may need mental help.” (Welcome to the club, Dave!) But the analogy goes only so far. In my recent post on … Read More
The Practice Support Lawyer—An Endangered Species?
This week 3 Geeks and a Law Blog offered three posts by guest blogger Ian Nelson, of Practical Law Company, on the role of practice support lawyers, or PSLs, in the U.S. The third in the series appeared yesterday; they’re all available here. (Ian’s a former colleague. Yo, Ian!) Here’s where Ian ends up: The PSL role should be less … Read More