Contact Dratfing Tips
I ran across an excellent post from Ken Adams concerning dos and don'ts in contract drafting. I'm not in 100% compliance, and I'm okay with that because I agree with much though not all of what Ken says. I'm about 50% compliant on meaningless language. I use the phrase "representations and warranties" in contracts because that is the custom in my field. But I always limit the scope and duration of those statements. I almost never use the term "best efforts" because it is, in my view, ambiguous. I admittedly use some of what he calls jargon, and it does not bother me that I do. I'm not sure our definitions of jargon are the same. I prefer using the term "will" over "shall" and try to keep it from creeping into my drafting. And I like the idea of document assembly coming into play, but at a reasonable cost.
Thanks to the publishers of this week's Blawg Review, the Legal SEO and Marketing Blog, for pointing out Ken's post.
Thanks to the publishers of this week's Blawg Review, the Legal SEO and Marketing Blog, for pointing out Ken's post.
Comments
Post a Comment