Blog

Does Contract Drafting Make You Sad?

Today I saw the following tweet: https://twitter.com/15lauren/status/921947032788414464 Here’s how I responded: You're doing it wrong :-) https://t.co/hKurJeRTmX — Ken Adams (@AdamsDrafting) October 22, 2017 The smiley in my tweet was to indicate that I was being facetious. Why was I being facetious? Because the process of drafting contracts, as it’s traditionally handled, would make anyone sad: You find, or are … Read More

Law Departments, Law Firms, and the Kettle Calling the Pot Black

In addition to the ACC annual meeting taking place in Washington, DC (I was on a panel), there’s the Legal Geek Conference happening in London. It came to my attention because of the following tweet: Yep…legal profession as the last vestige of the medieval guild system to survive. And #legaltech is here to change it #legalgeek pic.twitter.com/9NppMAzw6h — Joya (@joyavanhout) … Read More

My New Article on “Endeavours”

The English website The Lawyer has just published my new article Putting an End to Endeavours Nonsense. (Go here; free registration required.) I’d like this article to prompt some discussion, but the evidence I lay out is so clear-cut, I don’t think there’s any room for debate. Game over, case closed. The article mentions only briefly how to handle endeavours (or, … Read More

MSCD Fourth Edition: Copies Now Being Shipped

I’d heard from the ABA that copies of the fourth edition of A Manual of Style for Contract Drafting are now in inventory, but this tweet by @Bryan_Sims confirmed it: Just arrived. I can't wait to dive in. @KonciseD I love the new look. pic.twitter.com/sAfBvu0tGZ — Bryan_Sims (@Bryan_Sims) October 10, 2017 I don’t even have a copy yet, so I’m … Read More

When the Wrong Person Is Made Party to a Contract

Today Joe Kimble, doyen of the legal-writing community, sent me the following photo of a contract he had been asked to sign. The issue wasn’t the wall-to-wall legalese. Instead, in his email Joe said, “I signed this for a home tour yesterday. Why would visitors be asked to sign when the agreement is between the Lansing Historical Society and the … Read More

The Value of Identifying Different Kinds of Ambiguity

I noticed this post on ContractsProf Blog. It involves a fight over what “the fee” meant in a contract. Did it mean this fee or that fee? Ah, says I, that’s an instance of antecedent ambiguity. That’s where you allude to something mentioned elsewhere in a contract, but it’s arguably unclear what you’re actually referring to. See this post and … Read More

Why I’ve Rejoined the American Bar Association

It’s been years since I’ve been a member of the American Bar Association. On a sudden impulse, I rectified that over the weekend: One reason for my doing so is that the Section of Business Law is the publisher of A Manual of Style for Contract Drafting. And next year I expect to publish with them a shorter book entitled … Read More

Not One But Two Events in London on 7 November

I’ve written previously (here) about my 7 November panel discussion in London with UCL Faculty of Laws. But earlier the same day I’m also doing a breakfast meeting for the group Clarity on the subject of “Overcoming resistance to change in contract drafting”; for more information, go here. Obviously there’s overlap in terms of the topics covered. But the Clarity … Read More

MSCD Fourth Edition: Attention, Canadian Shoppers!

If you want to buy the fourth edition of A Manual of Style for Contract Drafting from the ABA Web Store, you’ll be told you have to pay a $70 fee for shipping. For prospective buyers located in Canada, that seems steep. But if you buy just one copy of the book and want it sent to Canada, there’s a … Read More