Category: Strategy

Is Your Contracting Easy for Clients?

I love it when ideas from another industry make sense for contracts. Gavin Scott of Loaf training was talking at the Professional Speaking Association about customer service. He said that 34% of client loyalty comes from being easy to deal with. Lightbulb! Contracts are one of the first elements of

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Digital Contracts: Conduct

My talk at the 2017 CoMIT Conference (read the live blog) drew parallels between banking and construction because banking was based on trust (hence the term ‘rich as Croesus’ as he mastered the art of trustworthy coins as tools to stimulate commerce in Lydia). The former chair of JCT said

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Digital Contracts: Language

Although 86% of the audience at the 2017 CoMIT Conference (read the live blog) did not think language was the biggest barrier to digital contracts, we cannot automate our current contracts. The problems include: Jargon: the legal language is one-sided and full of jargon so the obligations are not universally

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Digital Contracts: Technology

At the 2017 CoMIT conference (read the live blog), I proposed that the three barriers to moving towards digital contracts were technology, language and conduct. Unsurprisingly for an audience attending a conference on the construction opportunities for mobile IT, 75% said technology would be the first barrier to digital contracts

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Winning the Contract Battle

Although we have had enforceable contracts in English law for 150+ years, the process by which they are formed remains something of a mystery. Our contract processes have been called ‘haphazard’, our approach ‘cavalier’, and we get stuck in endless games of email contract tennis. One way to resolve some

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Does Your Contract Need Wriggle Room?

The 2018 TSB online banking saga has once again highlighted the issue of wriggle room in contracts. Wriggling in court Before specialising in advising on contract strategy and writing/negotiating contracts, I had the pleasure of winning a case in the Court of Appeal.  It involved what I call ‘advanced wriggling.’

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Adopt Toltec Widsom

In ‘The Four Agreements’ Don Miguel Ruiz introduces the wisdom of the Toltecs. Given the title and my specialism, my attention was hooked into how it related to contract law and contract negotiation. He says: “Language is the code for understanding and communication between humans. Every letter, every word in

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What Can Astronauts Teach Us About Delivering Legal Services?

Chris Hadfield’s ‘Guide to Life on Earth’, whilst a compelling view into the life of an astronaut, contains lessons for mere mortals. Space travels involves 3 distinct phases, which we can also use for any legal transaction: Pre-Launch: the preparation phase. His preparation phase lasted tens of years. This is

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Barriers to BIM

The Winfield Rock Report Overcoming the Legal and Contractual Barriers of BIM [available here] is a great step-forward in explaining both the essentials of BIM and the barriers to its adoption. As a contract and plain language specialist, the Report chimes with my experience: too much jargon too many initialisms

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Piecing Together the Contract Puzzle

Early in 2018 on twitter, plain language expert Dominique Joseph (@clearerworld), Tim Cummins (@tcummins from the IACCM), Ken Adams (@KonciseD) watched closely by Stefania Passera (@StewieKee), asked who was doing a good job of making contracts more user-friendly? Initially, we got side-tracked because Dom had framed her question to ask

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