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.

16 Comments:

At 12:07 AM, Anonymous Sean Sweeney said...

I am not sure which you dislike more, but I like that, which isn't that, but which one I am not sure.

I am always trying to cut down on the legalese and form language in my client's contracts, but it is so easy to do when you are trying to keep those costs down. Good article, I have a whole series on my blog on contract drafting, I may have to add a section referring to precision of language.

 
At 3:12 PM, Anonymous Apostille said...

Hi. this is an insightful post

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At 7:12 PM, Anonymous Christopher Neufeld said...

Wish it were that easy. Unfortunately, in Canada, we're getting bogged down with more and more boiler plate language in our contracts.

 
At 7:17 PM, Anonymous Christopher Neufeld said...

Definitely can be envious of my days working in New York City when boiler plate language wasn't required to the degree it is in Canada.

 
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At 12:07 AM, Anonymous shilpa7 said...

Definitely this is an insightful post

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At 2:25 AM, Blogger daava said...

Thanks for your sharing. Wish it were that easy. Unfortunately, in Canada, we're getting bogged down with more and more boiler plate language in our contracts.

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At 11:15 AM, Blogger Runaway Fox said...

Being a lawyer is not really and easy job. There are lots of legal terms and things to know and be aware of like my friend who is a lawyer in a firm called san diego biz law.

 
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At 9:07 PM, Blogger Layne Adams said...

Hi, nice post. Well what can I say is that these is an interesting and very informative topic. Thanks for sharing your ideas, its not just entertaining but also gives your reader knowledge. Good blogs style too, Cheers!

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At 8:34 PM, Anonymous Rachel said...

As long as something is clearly written and concise by an attorney, drafter or anyone else.

 
At 6:57 AM, Anonymous Charles said...

Contract drafting should be left to lawyers who know how to make contracts that are legally binding.

 

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