For an article I have to write in the next few days, I’ve been leafing through textbooks intended to be used in teaching contract drafting. I had contemplated doing reviews of one or more textbooks, but I decided I’d rather
Adams on Contract Drafting
Adams on Contract Drafting, published by Adams Contacts Consulting LLC, focuses on the nuances and precision of contract language and drafting techniques. The blog discusses interpretation issues such as ejusdem generis and defined terms, the implications of specific word choices like "reasonably agree" or "once," and the roles of entities acting on behalf of parties in agreements. It addresses practical drafting challenges and stylistic considerations to improve clarity and effectiveness in contract documents. The content is aimed at legal professionals interested in refining contract drafting skills and understanding the impact of language in legal agreements.
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My New Article in Contracting Excellence Journal
Last week Contracting Excellence Journal, a journal of World Commerce & Contracting, published my article Copy-and-Paste Contract Drafting Can Dull Your Wits or Leave You Demoralized. We Can Do Better! This article features one thought I haven’t articulated previously: That…
Revisiting “Date” and “Day”
A few days every month, I prepare videos for Drafting Clearer Contracts: On Demand, my library of videos and automated quizzes. To do that, I revisit what MSCD has to say about a given topic. Sometimes, that prompts me to…
Language of Inaction?
Crazy things are afoot in the categories of contract language. In addition to my considering creating “language of state of mind” (see this post), I’m now considering creating another new category: “language of inaction.” Consider the following sentences: In the…
What Do “Agreement” and “Contract” Mean?
OK, let’s go back to basics. I noticed this passage (footnotes omitted) in the textbook Stephen L. Sepinuck & John F. Hilson, Transactional Skills: How to Structure and Document a Deal 15 (3d ed. 2022): Notice that the discussion above…
Drafting Clearer Contracts: Masterclass (52) Starting 29 September 2026!
The next public series of Drafting Clearer Contracts: Masterclass, series (52), starts on 29 September 2026. Go here for more information. I apologize for being slow to get it scheduled—I’ve had plenty of distractions these past three months! I keep…
An Update on “Drafting Clearer Contracts: On Demand”
I launched Drafting Clearer Contracts: On Demand in March 2026, with 47 videos and four quizzes. Since then, I’ve done three monthly uploads of additional videos and quizzes; we’re now at 121 videos and 14 quizzes. Go here for a…
An Exception to the Rule Against Also Stating Without Initial Capitals a Word or Phrase That Is Otherwise Used as a Defined Term
Above is section 6.10 of A Manual of Style for Contract Drafting. Note the first sentence: Make sure all instances of a defined term use initial capitals. If one doesn’t, that can cause confusion—was it a mistake, or did the…
“Human Being” Over “Individual” Is a Legitimate Choice
In this 2014 blog post and this 2023 blog post, I mull over which is the better choice, individual or human being. Here’s what I say in the 2014 post about individual and person: I find natural person too legalistic to use…
Critique My “Represents and Warrants” Law Review Article and You Might Win a Signed Copy of MSCD!
In this 2020 blog post, I say that no one takes me on in the marketplace of ideas. Nothing has changed in the years since. I’ll spare you any editorializing. Instead, I offer you … a contest! I invite you…