Throat-Clearing: It’s More than Verbs

Gaining control over your contract verb structures requires that you be familiar with “throat-clearing.”

What’s throat-clearing? It’s when a drafter sticks a redundant verb structure at the beginning of a sentence. As my gift to you, here’s part of the MSCD section on throat-clearing.

The reason for this post is that recently I realized you can have throat-clearing that uses abstract nouns instead of relying solely on verbs.

Here’s one example, with the throat-clearing (using the abstract noun intention) highlighted:

And here’s another that uses the abstract noun agreement:

It’s best to recognize the different forms of throat-clearing, so you can delete it from your drafts and from the other side’s drafts. Because it’s redundant, throat-clearing wastes time and brain cells. And it can also cause confusion. I say the heck with it.

(If you want more about throat-clearing, see this 2019 blog post and this 2020 blog post. And if you want to know why in my training I sporadically declaim, “Abstract nouns bad, verbs good!,” see this 2021 blog post.)

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 head of Adams Contracts, a division of LegalSifter that is developing highly customizable contract templates.