I’m used to thinking of redundancy (actual or potential) as occurring at the level of parts of speech. For example, in doublets or triplets of adjectives (null and void). Or verbs (indemnify and hold harmless). But I’m becoming more attuned to redundancy of entire provisions. (By provision, I mean a complete utterance, whether a sentence or part of a sentence.) … Read More
oneNDA is a new initiative that “set out on a mission to standardise the NDA so that lawyers can spend less time on them and more time on more valuable work.” For more about oneNDA, go here. This week they released their “simple, plain English, open-source NDA,” also called, somewhat confusingly, oneNDA. My verdict is that it’s mediocre and doesn’t … Read More
Wearing my LegalSifter hat, today I researched how contracts refer to inspection of goods. In doing so, I encountered the following in this Yara purchase order (selected at random): All Goods may be inspected by the Purchaser within a reasonable time after delivery to the location required by the Purchaser. If on inspection, any Goods are found to be unsatisfactory, … Read More
Excuse me if I quote my own tweet: Let's start using number of words, instead of number of pages, to say how long a contract is. Reading 1,500 words won't go any faster because it's on 3 pages instead of 4. In fact, it might take longer, if you use gimmicks like shrinking the font to fit it on one … Read More
Today I was tagged in the following tweet: Think the objection is primarily an aesthetic one. Can't resist tagging @AdamsDrafting in on this. — Levins Solicitors (@LevinsLaw) July 23, 2021 I’m always happy to join in a discussion when someone asks my opinion. (Hi, @LevinsLaw!) But I was reminded how online, everything old—whether it’s and/or, or for the avoidance of … Read More
In this recent article and this recent blog post, I argue that nothing prevents nonlawyers from handling deals and wrangling contract language—that what matters is competence, not which hat you wear. But to assess realistically the prospects of nonlawyers in the world of contracts, you have to recognize two factors that favor lawyers. Law School as a Credential First, lawyers … Read More
I’ve long used anonymous testimonials, with the thought that attaching someone’s name to a testimonial is meaningless unless it’s a name that many would recognize. But with my redesigned website, that has changed. Now testimonials are linked to the person’s LinkedIn or Twitter profile and features their profile photo. I think that makes testimonials much more meaningful. I’ve now completed … Read More
Future-of-law commentator Richard Susskind has written with Neville Eisenberg, a partner in Bryan Cave Leighton Paisner, this article in the current issue of The Practice. It’s entitled Vertically Integrated Legal Service, and it reflects a vision of the future of legal services that, when it comes to handling contracts, is at odds with my experience and what LegalSifter is doing. … Read More
Yesterday Andrew Kinsey tagged me in this tweet: Just saw a job posting with these requirements. @AdamsDrafting has influence, I see. pic.twitter.com/RAeEBfvuyf — Andrew Kinsey (@KinseyAndrew) July 6, 2021 As I reported in this 2017 post, a reader told me how they had said in a job interview that they were a big fan of A Manual of Style for … Read More
I’d like to report overuse of the “acting as independent contractor” provision. Here’s the version that makes sense: The parties intend that the Consultant will be an independent contractor. It makes it clear that the parties intend that an individual who is providing services to a company won’t be an employee of the company. (It uses language of intention because … Read More
