Viewing: March 2011

Postette: Law Factory vs. Bet the Farm Business Models

There’s such a good discussion bouncing around a few law blogs that I couldn’t resist a quick post on a non-contracts topic. Toby Brown, one of the “geeks” at 3 Geeks and a Law Blog, and Ron Friedmann, the writer of the Strategic Legal Technology blog, started the discussion Tuesday with this post, which appears […] Read More

Postette: Contracts As a Tool for Collaboration?

In this post on his Commitment Matters blog, Tim Cummins of the International Association for Contract & Commercial Management (IACCM) writes that “we must stop allowing the contract to be used primarily as a vehicle for protecting against the consequences of failure and start to use it equally as a tool for reducing the probability […] Read More

What’s the Most Common Grammatical Mistake in Well-Written Contracts?

The AP Style Guide changed its preferred spelling of the abbreviated form of electronic mail to email (without the hyphen) over the weekend. This is an example of the tendency of language to become more simple over time. Languages are living after all, and rules of style and usage change along with the cultures they […] Read More

Postette: Can You Incorporate Online Terms and Conditions into a Written Contract?

I've been asked on occasion whether a company can post its standard terms and conditions online and incorporate them into their contracts by inserting a reference in each contract to the online terms. The answer in many cases is yes, but there are some issues to navigate. This excellent article, which appeared in the April 2010 newsletter […] Read More

Contract Hygiene: Five Healthy Contracting Habits (Part 2)

In this recent post I discussed some habits that businesses can adopt to increase their contract hygiene. These practices, which can improve a business’s health, are inexpensive and effective, yet often neglected. To recap, the first three habits are: Negotiate before you sign. Give important contracts special attention. Don’t sign the other side’s boilerplate terms […] Read More

Weekend Improvements to theContractsGuy Blog

Thanks to a bout of insomnia and a shot of motivation I was able to tackle a few improvements to the blog recently. Here’s a quick summary. Out with the native Squarespace comment system and in with Disqus! I made the switch for back-end management convenience, to reduce issues readers had when posting comments, and […] Read More

Can You Win the Battle of the Forms?

I’ve long thought that the “battle of the forms” is easy to lose but impossible to win. That’s the perspective of a commercial attorney who approaches the issue from the front end—where the battlefield consists solely of varied hypothetical future situations. A litigator on one side or the other, of course, wins each battle that […] Read More

Does Minimizing the Amount of a Contract That Lawyers Write Improve Communication?

How can you increase communication and mutual understanding between contracting parties? In a comment to this post in Tim Cummins’s Commitment Matters blog, Dick Locke of the Global Procurement Group states, “The most important method is to minimize the amount of your contract that lawyers write.” I was stunned when I read that. If it’s […] Read More