Category: TLC

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

Read More »

Love Your Contract

I have a thing about creating lovable contracts. After all, contracts help you run your business, which helps you make money, which helps you live the life you love. Hence, contracts should be lovable. In Stefania Passera’s thesis, she says that a standard, ‘design-free’ reactively drafted contract conveys the impression

Read More »

Clear Contracts Create Success

In studying the role of contract visualization, Stefania Passera’s doctoral dissertation Beyond the wall of contract text (2017), she cites research that: Clear and implementable contract terms are crucial in building successful business relationships Well-structured and well-developed agreements foster better relations Long-term successful relationships require strengthened terms on communication, role

Read More »

Readability and Smart Contracts

Beyond considering the role of contract visualization, Stefania Passera’s doctoral dissertation Beyond the wall of contract text (2017) she also looks at the functions of contract. Her conclusions are critical for contract creators like me who believe that the purpose of a contract is not merely to safeguard rights and

Read More »

Mr Men vs Ms Contract Writer

I love the Mr Men books by Roger Hargreaves. Not so much for their stories (bad turns to good) but for the simplicity of the illustrations. As Roger Hargreaves’ wikipedia entry says the books were simple and humorous stories, with brightly coloured, boldly drawn illustrations … part of popular culture

Read More »

Can We Contract for EQ?

In EQ in Contracts I asked whether any contracts refer to the need for a good standard of emotional intelligence (EQ) for the parties. Good EQ is critical to meet the demands of the construction industry. Elizabeth Kavanagh, head of research and innovation at Stride Treglown, emailed to say that

Read More »

Simplify Your Contract Strategy

The organisation Clarity is brimming with lovely lawyers and legal consultants fascinated by how we can simplify legal documents and overcome the barriers to changing traditional drafting. After a recent meeting, Cathy Wilcox introduced me to the Pathclearer project, and its developer – Steve Weatherley then Head of Legal at

Read More »

Shall Must or Will

Much has been written about the words that contract writers should adopt to portray an obligation. Is it shall, must or will? Here’s a summary of the expert views: Ken Adams proposes a disciplined use of shall (banishing shall from business contracts) with must and will for non-party obligations or

Read More »

Accuracy, Brevity and Clarity

The rule for simplicity [read more] is neatly espoused by Joseph Pulitzer: Put it to them briefly so they will read it, clearly so they will appreciate it, picturesquely so they will remember it and, above all, accurately so they will be guided by its light As a lawyer and

Read More »

Clear Communication

Clear communication means that users can understand what they have to do, when they have to do it, and change their behaviour accordingly. What should you do? If you want to remove the padding in your communication or in your contracts then you should: work out who your reader, audience

Read More »