Thursday, September 28, 2006

Contract Drafting

I've written here before about some drafting issues, particular my dismay that very smart lawyers and good drafters have no idea how to use which and that. And this can be a problem because one is merely descriptive and one is actually limiting.

So, I just ran across this blog by a Ken Adams, who teaches at UPenn law and apparently has a speaking/seminar business. Good stuff, where he suggests dumping boiler plate (like the typical successors and assigns provisions) and looks at the phrase "in form and substance." Now, maybe one day he'll address "in respect of", which is used an awful lot and doesn't really seem to be any better than the alternatives.