Adams Drafting Addresses the Art of Writing Contracts
Posted By Cliff Tuttle | March 7, 2009
Posted by Cliff Tuttle
Welcome to the PLBT Blogroll another high quality legal blog with a specialized focus: Adams Drafting. Contract drafting is an important legal skill that receives too little attention. Poorly drafted documents are the source of a great deal of litigation. Everyone agrees that contracts should be written clearly. But the nuts and bolts of “clearly” are another matter. Plain language drafting is one approach and generally speaking, seeking simplicity and directness brings clarity. But plain language is not always sufficient to capture the nuances of a specialty with unique terminology and concepts. Contract drafting also requires the drafter to constantly ask how a provision is to be enforced. Likely disputes must be imagined and a plan devised for a speedy resolution.
Contracts are formal documents with their own specialized language and rules. The selection of the word “shall” over “will” means something different than in a letter, a magazine article or a conversation. Someone needs to keep track of the significance of such word and phrase selections. Ken Adams is that person.
Adams says: “Contract drafting suffers from two significant problems. The first relates to quality, the second relates to process. I’m doing my best to help address the first problem; I’d like to be involved in addressing the second.” To read what he has to say about these two subjects under “Goals”, click here.
CLT