Readers tell me that businesspeople keep asking them to cut from contracts that which is unduly risk-averse or plain old unnecessary. Lawyers might be inclined to attribute that to businesspeople doing what they gotta do. In this view of things, lawyers are a bulwark against rank expediency. But there’s is a lot of fat in contracts, and in the coming … Read More
As a follow-up to their 2009 article naming me one of their original batch of Legal Rebels, I’m featured in a new ABA Journal Legal Rebels podcast that focuses on my work with LegalSifter. And there’s also an article. You can find both of them here. The 2009 article about me is apparently no longer online *sob* but for yucks, … Read More
I haven’t been a fan of LinkedIn groups; see for example this 2013 blog post. So I was taken aback when one of my LinkedIn connections, Marty Carrara, suggested that I start my own LinkedIn group. The more I thought about it, the more it seemed like a sensible idea. I then did this LinkedIn post about it, and it garnered … Read More
On 5 November I’ll be doing a day-long “Drafting Clearer Contracts” seminar in London for UCL Faculty of Laws. (For more information, go here.) I can think of eight reasons why you might want to attend: English contract drafting is dysfunctional. Generally, the prose of contracts leaves a lot to be desired, and no amount of Savile Row swagger can … Read More
A couple of recent articles make the sensible point that it’s meaningless just to clamor for innovation in legal. There’s this article by Mark A. Cohen (@legalmosaic, but this post is about this article on Above the Law by Ivy Grey (@IvyBGrey). The title is Innovation Is A Red Herring Without Cultural Change, and in it she asks, “So how do … Read More
“What!,” I hear you say. “More on efforts! You cannot be serious! Yes, more on efforts, because I’m determined to explore every nook and cranny of the f*cked-up world that is efforts provisions in traditional contract drafting. And today’s topic is the phrase on a best-efforts basis. A best-efforts offering is a kind of securities offering. Here’s how Practical Law … Read More
In this recent post I introduced the idea of putting job notices on this blog, with the aim of perhaps helping anyone who has hopes of finding a new employee from among readers of A Manual of Style for Contract Drafting. Now let’s look at this from the perspective of someone looking for a job. Below is an email I … Read More
In some fields, the robots-running-rampant connotations of the term “artificial intelligence” might be somewhat justified. But when it comes to what LegalSifter offers—AI review of the other side’s draft contract—a dose of reality is in order. To read the rest of this post, go to LegalSifter’s blog, here.
As you might have guessed from my previous two posts, I’m working on a guarantee. Unsurprisingly, contains a sentence that refers to waiver of presentment. I knew this day was coming, and I’ve long been prepared for it. I reached for Howard Darmstadter, Hereof, Thereof, and Everywhereof: A Contrarian Guide to Legal Drafting 197 (2d ed. 2008). (The discussion in his … Read More
In guarantees for payment of debt, the key language of performance—hereby guarantees—is usually supplemented with one or more of the following adverbs: absolutely, unconditionally, and irrevocably. I recommend you omit all three. I suspect that many who work with guarantees would find that a shocking notion. But to insist on retaining some combination of the three adverbs is to misunderstand … Read More
