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Oh, What a Difference Plain English Makes!

Any document you draft—from an email to a settlement agreement—should be written in plain, understandable language. But many attorneys still fall into the trap of using stilted, legalistic language, particularly in contracts and other transactional documents. Compare the following purchase agreement recitals and see what a difference plain English makes. Continue reading

3 Keys to Structuring a Contract

Before you draft any of the provisions, you need to consider how you will structure the contract. In a nutshell, think about what to include, how to organize it, and ease of reading. Continue reading

10 Steps to Take Before Drafting a Contract

How can you streamline your contract drafting time and create a better document? Prepare. For all types of transactions, the time spent organizing and guiding the drafting and closing process will save actual drafting time and will help produce more accurate, understandable, effective, and comprehensive documents. Follow these ten steps for success in any business transaction.

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How to Keep Contracts Out of Court (Part 2)

The key to keeping contracts out of the courtroom is drafting them well and making sure that they accurately capture the parties’ intent. In Part 1 of this post, we discussed five common contract drafting mistakes and how to avoid them. Here are five more. Continue reading

How to Keep Contracts Out of Court (Part 1)

The only contracts that see the inside of a courtroom are those that are poorly drafted or don’t accurately capture the parties’ intent. Here are five contract drafting mistakes and how to avoid them. Continue reading

Don’t Get Tripped Up on Contract Cross-References

When drafting a contract, it’s often necessary and useful to use cross-references to another part of the contract or a related document. This cuts down on redundancy and helps with consistency. But imprecise or problematic cross-references can make a mess of things. Here are some tips for handling internal and external cross-references. Continue reading

4 Tips for Defining Contract Terms

thinkstockphotos-616226892When drafting a contract, make sure to give attention to the defined terms portion. Defined terms are important because they allow the use of short-form references for names, terms, and concepts that are frequently repeated in an agreement, thus saving space, improving readability, and assuring consistency. They also encourage the drafter to be precise in stating important concepts and procedures. Use these four tips next time you draft a contract. Continue reading

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