Lawyers are coached into an ‘unnatural way of being’ (according to Elizabeth de Stadler of Novcon) which covers how they behave in meetings, how they interact with colleagues and clients and how they write – from emails to contracts. She says we need to unlearn those behaviours as they create
At the 2023 World Commerce and Contracting Summit, Elizabeth de Stadler from Novcon said: we should not lose sight of what we are actually here to do: which after all is to… help clients to form relationships and to define the rules of those relationships in a way that is
There are two ways that law courts (at least in England) have interpreted contracts: literally and purposefully. The literal approach is the more classic or traditional way of interpreting documents. The problem with the literal approach is that it led contract writers into a number of sins: very detailed drafting
The process for creating contracts is dysfunctional so the language for creating contracts is dysfunctional… [Ken Adams] When time is tight, the only realistic way to record the legal content of the deal is to copy and paste from a similar deal. But does this really work for the buyer
Who do we… who should we write contracts to please? Not, as you’ve noticed, who do we write contracts for. But who should we write contracts to please. If a client asks me to write a contract for their business, there are two primary readers I need to consider: my
They say that no plan ever survives first contact with reality. This can also be true of your contract process. You need to be flexible with what you want as any contract requires both buyer and seller to agree to the terms. A £40m construction dispute amply demonstrates the pitfalls
Often in contracts, clauses relating to using and sharing information are split into ‘legal chapter headings’ ie topics that make sense to the contract writer but don’t necessarily reflect the needs of the contract user. When I create contracts I prefer a user-focused heading like ‘using and sharing documents and
The benefit of using a Defined Term (usually with initial capital letters) in a contract or legal document is that it makes it easier to read, and consistent. However… when used to excess they can easily backfire: elements of the commercial deal do not belong in a definitions section, acronyms
Boilerplate (a term adopted from the printing industry) refers to a series of short clauses at the end of a legal document or contract, often grouped under a heading of ‘general’ or ‘misc’. But this approach, treating them as irrelevant small print shoved at the back and rarely read, undermines
Although Marie Kondo might be the 21st minimalist icon, back in the 19th century William Morris said: have nothing in your houses that you do not know to be useful or believe to be beautiful We can apply this approach to contracts. What do we know to be useful or
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