Of the sixty-odd articles I’ve written, one is a real turkey: Revisiting the Ambiguity of “And” and “Or” in Legal Drafting, published in 2006. It flubs the analysis of or. I was subsequently rescued by Rodney Huddleston, titan of linguistics (see this 2020 post), so in A Manual of Style for Contract Drafting, the analysis of ambiguity associated with or … Read More
In a conversation a few years ago with a BigLaw partner—a friend of MSCD—they recalled wistfully the first edition, which gave you relatively concise advice on the basics. Well, they’ll be even more wistful when they see MSCD5, because I’ve added greater detail. A good example is my treatment of our old friend efforts provisions. I’ve revised that chapter to … Read More
Recently I noticed this article on Artificial Lawyer. The title is Generative Legal AI + “The Last Human Mile”, and it’s about limits to applying AI to legal work. It says this: The last mile problem is a well-developed theory that many systems fail because there are some key steps at the end that cannot be done properly and that ruins … Read More
If you spend any time on law-related social media, you’ve probably encountered chatter about ChatGPT, an AI chatbot system built on OpenAI’s Generative Pre-trained Transformer 3 (GPT-3), a language model that uses deep learning to produce human-like text. (Yes, we’re talking artificial intelligence.) Drafting Contracts People have experimented with ChatGPT by asking it to do all sorts of things. (To … Read More
Last week I started the final Drafting Clearer Contracts: Masterclass series of 2022, but I haven’t yet announced any series for 2023. That’s because I want participants in the next series to have a copy of the fifth edition of A Manual of Style for Contract Drafting, and I don’t yet know when MSCD5 will be available. I expect to … Read More
Apart from looking at a few AI-and-contracts services, I long ago stopped paying much attention to legaltech services relating to contracts. Because I don’t do deals, I don’t need what’s on offer, so I’m not in a good position to evaluate it. And the space is so active that even if I wanted to kick some tires, I wouldn’t know … Read More
Recently I saw this tweet by @strowhiro: Hey, #lawtwitter. Contracts with a defined terms section AND other terms defined throughout: fine or sloppy? — Michelle Strowhiro (@strowhiro) October 19, 2022 It’s a great question, but I thought that the odds of getting clear answer on Twitter were slim, even with 164 people taking a shot at it. To my knowledge, … Read More
Last week I noticed Will EY Law Change The Legal Delivery Paradigm?, by Mark Cohen. It’s about EY, the multinational professional services partnership. Here are the first two paragraphs: EY’s leadership recently green lighted a major restructuring, ending months of heated speculation. The plan has two key prongs: (1) EY’s audit and advisory businesses will split; and (2) the advisory business will … Read More
I’ve been wading through the page proofs of MSCD5. I’m devoting more time to this part of the process than I have with previous editions. I’ve even spotted a few glitches that had slipped into the fourth edition. So things are looking good for MSCD5. But I’ve found myself assessing how I relate to my work. I’m intimately familiar with … Read More
The other day I saw this in a confidentiality agreement: You could express the same concept using efforts: The Recipient shall use reasonable efforts to prevent disclosure or use of Confidential Information other than as authorized in this agreement. Or you could express it using neither degree of care nor efforts: The Recipient shall take precautions to prevent disclosure or … Read More
