Viewing: Contract Drafting

If You Could Have Only Two Clauses in Your Contract, Which Would You Choose?

I admit it; I love survival reality shows. It started with “Survivorman,” then “Naked Castaway,” and “Dude, You’re Screwed.” Whether it’s a man alone in the wild with only a few survival items or a commando-type guy kidnapped by his commando-type friends and dropped off someplace remote, if someone’s trying to survive in the wild, […] Read More

Recovering Attorneys’ Fees

A recent Missouri court case has prompted me to revisit attorneys’ fees provisions in contracts I draft and negotiate. The case, Midland Property Partners, LLC v. Watkins, doesn’t break any new ground, but it reminded me how important the language can be. Even before reading Midland Property, I’d had attorneys’ fees provisions on my mind. […] Read More

A Manual of Style for Contract Drafting Should be Required Reading

Imagine a world where continuous improvement is the norm. Where ideas are tested and only the best ones adopted. Where inferior practices are discarded in favor of better methods. This is Ken Adams’s vision of the world of contract drafting. Ken is the author of The Structure of M&A Contracts as well as numerous contract-drafting articles […] Read More

Considering a Contract’s Legal-Battle Rating

I’ve often had clients ask me to keep their contracts short and simple. That’s a great goal, especially since two of the purposes of a written contract involve informing the parties about their business relationship. The less accessible a contract is to the people who need to read it, the less helpful it’ll be. Another […] Read More

Revisiting an Experiment in Crowd-Sourcing Contract Language

In a fun little experiment recently, I set up a question on Quora, “What’s the best anti-assignment provision in a contract ever?”, and invited people to submit clauses for the crowd to vote on. Of course, asking what’s the best provision ever is a bit of a trick question, because the answer depends on the […] Read More

Is Free the Right Price for Legal Documents?

Monday night I put the following question to Bill Carleton in a comment to an older piece on his blog: Bill: I revisited this piece because I’ve been thinking about your discussion with Ken [Adams] about whether the benefit of contract standards lies in increasing quality vs. increasing transaction efficiency/lowering costs. Commoditizing contract drafting should […] Read More