About the author
Ken Adams is the leading authority on how to say clearly whatever you want to say in a contract. He’s author of A Manual of Style for Contract Drafting, and he offers online and in-person training around the world. He’s also chief content officer of LegalSifter, Inc., a company that combines artificial intelligence and expertise to assist with review of contracts.
Ken, if you want a legal authority, try section 6.1(6) of this:
http://www.google.co.uk/url?sa=t&rct=j&q=england%20practice%20direction%20witness%20statements&source=web&cd=1&ved=0CBwQFjAAahUKEwjM6L6m3pLIAhWE1R4KHX09BN8&url=https%3A%2F%2Fwww.justice.gov.uk%2Fcourts%2Fprocedure-rules%2Fcivil%2Frules%2Fpart32%2Fpd_part32&usg=AFQjCNHobOuXrPPBEhlBiD9wk-yOHMsGgA
Mark:
I object on the ground that anything calling for communist A4 paper and measuring things in godless centimeters is too unAmerican to have any remote chance of being right.
Chris
The Systeme Internationale – the name gives it away, right? *Keep the Red Flag Flying*
I don’t feel very strongly about it, but there is certainly merit in using all digits in contracts, not because of pure logic but because of how contracts are used. Documenting a business transaction any more complicated than ordering a pizza (and I will say that even ordering a pizza in a polyglot country is facilitated when you use figures that are constant in any language) is usually something to do with numbers, certainly more so than literature. It’s much easier, for example, for a contract administrator skimming a document to pick out digits to populate fields like notice periods, support response times and other “key performance indicators” (hate that term), than to scan through sections looking for stray words.
What might seem jarring in a newspaper article (which after all is what the CMS is for) should not be considered dispositive for purposes of a contract.
My post relates to writing in general. For contracts, thus far my concession has been limited to doing the shift to digits earlier than recommended in some usage guides. But if enough people are of your view, I could countenance doing the digits-only thing. Watch this space.
Ken:
I write out numbers below 10 because I use numbers to enumerate clauses (actually sub-clauses, but you get the point). If I also use numbers in sentences, I end up tripping the reader, who — on a quick skim — might see the number as an indication of an enumerated clause. That possibility is much more remote with numbers over nine (because anything with more than nine enumerated clauses probably needs a re-write).
Also, the longest written-out number between one and ten has five letters. Once you get to 11, the letter count starts going up dramatically, so the amount of space saved by using digits increases.
Chris
One disadvantage of using digits instead of words for the numbers from one to nine (or ten, depending on where you draw the line) relates to the effect of the typeface. I happen to like Gill Sans MT as a typeface. I find it’s cleaner and more pleasing than Calibri or Arial. But one disadvantage it has is that the number “1” displays exactly as does the capital “I.”
As a result, your sample sentence would display as “We ordered exactly I pizza.” And that is not going to encourage comprehension!
If the font adds ambiguity, shouldn’t it not be used for contracts? WWBD? (What would Butterick do?)
Opinion today in Oregon involving another kind of bad numbering — giving both the English measurement and the decimal form (and screwing up the conversion to decimal because except for computing 1/3 the lawyer is helpless with fractions). [7/8 is 0.875, not .625.]
312 Or App 424
To confirm his visual assessment, Walker measured the shaft. Its diameter was 1 7/8 inches (1.625 inches), making half of the diameter equal to 15/16 of an inch (0.9375 inch). From the end of the shaft to where it entered the conveyor through the stationary bearing was 1 7/8 inches (1.625 inches), which exceeded one-half of the shaft’s diameter. So measured, the shaft end did not comply with 29 CFR § 1910.219(c)(4)(i).
Thanks. I see they got it right elsewher in the opinion.