How do you write your contracts? Passively or actively? With malicious or benign thoughts of the companies involved?
Active drafting (according to this Ken Adams’ article) means:
- Creating a comprehensive (and clear) set of guidelines for contract language – to avoid risk of confusion and address legal issues explicitly and clearly.
- Ensuring staff who write contract documents are trained on how to draft and review contracts consistent with those guidelines.
- Revising all your contract documents – including proposals – so they are consistent with those guidelines.
The real problem for contract writers (whether in-house legal counsel, private practice lawyers or dabblers) is that there is not enough time to analyse all the words in an average contract to see if they will work for you. After all, those contracts may have upwards of 20,000 words each!
So contract writers are reduced to copy & paste monkeys (ouch, another prod from Mr Adams).
Don’t be like them… get training to understand what you are currently signing and advice or assistance if you fall short of having clear crisp contracts that help you do business. Contact Sarah.