Now you are convinced of the benefits of readable contracts (read more), this post describes a process for writing those contracts with ideas from The Art of Readable Writing' (1949) by Rudolph Flesch. Contract Writing as a Process "It is common ground that the [contract] in this case would win ...
In 'the Art of Readable Writing' (1949) Rudolph Flesch provides advice that applies to writers of legal documents as well as blog posts, books, and other media. Here are some of his tips, with relevant legal examples, to help you write contracts that others can read, understand and use. Benefits of ...
When a court or tribunal interprets your carefully crafted (ahem) contract, it doesn't ask your opinion. It reviews the written terms to analyse "what a reasonable person having all the [parties' then] background knowledge... would have understood... the language in the contract to mean". As you are masters of your contractual ...
My 10 tips to improve your legal writing recommend you spend time ruthlessly crossing through, deleting or rewording your text. Gustave Flaubert recommended editing "Whenever you can shorten a sentence, do. And one always can. The best sentence? The shortest." You need to edit your text to create a document which ...
Contracts win prizes, although not in this case... It is common ground that the Deed of Variation in this case would win no drafting prizes for precision or clarity. It included errors ... which are acknowledged by both sides, and it also struggled to convey the essential agreement reached between the ...
As busy professionals we rarely have time to stop and think. But using your subconscious to create order from the wealth of facts you are bombarded with hourly is critical. To write effectively, I recommend at least two periods of reflection. Firstly, once you have determined your who and why for ...
It is time to banish stilted language from your (legal) writing. It serves no-one, especially not your client. If you need more persuading, read these words of wisdom from commentators, experts and judges: In legal writing, jargon consists mostly of stilted words and phrases — blemishes, not graces — such as ...
If your contract does not identify your role clearly, then it is too uncertain to be a contract. I was once sent a hastily prepared retrospectively written appointment asking X LLP to ‘carry out the usual services for the usual fees’. Whilst appreciating my client's succinct style, the document was ineffective ...