Lessons at Launch

A Bit About Me

Be an Informed Consumer of Contract Language!

Mainstream Contract Drafting Is Dysfunctional

Why No One Critiques My Recommendations

What About Artificial Intelligence?

The Manual’s Guidelines Apply Internationally

What’s the Role of Caselaw in Contract Drafting?

Deciding on Contract Language Shouldn’t Be Just for Lawyers

What Topics Do the Videos Cover?

Inertia at the Level of the Individual

Inertia at the Level of the Organization

Implementing Change If You’re the One Drafting

Implementing Change When Reviewing

Why "A Manual of Style for Contract Drafting" Isn’t a Style Guide, and Why that Probably Doesn’t Matter

Instead of Copy-and-Pasting, Make a Fresh Start

Contract Language Shouldn’t Be Archaic

Contract Language Shouldn’t Be Legalistic

Contract Language Shouldn’t Be Confusing

Contract Language Should Express Ideas without Redundancy

Contract Language Shouldn’t Repeat Itself

Contract Language Should Be Consistent

Contract Language Should Be Concise

Contract Language Should Be Accessible

Contract Language Shouldn’t Seek to Persuade

Contract Language Should Be Restrained in Attempting to Preempt Judicial Discretion

Contract Language Should Serve a Useful Purpose

Don’t Expect Contract Language to Be Simple

Choosing the Title of a Contract

Date a Contract Using the Date It’s Signed, Not a Date Based on Timing of Performance

The Strange Story of "Between" Versus "Among" in the Introductory Clause

Use "The" with Party-Name Defined Terms That Consist of a Common Noun

Don't Use "Party" As a Defined Term

Don’t Use "This Agreement" as a Defined Term

Using Recitals to Tell a Story

"Intending to Be Legally Bound" Should be Irrelevant

Don’t Give Headings to the Parts of the Front of the Contract

All-Capitals Archaisms in the Recitals and the Lead-In

Get Rid of Recitals of Consideration

More Silliness from Backstop Recitals of Consideration: "Good and Valuable Consideration"

The Front of the Contract (Quiz)

"The Categories of Contract Language" Is the Antidote to Verb-Structure Chaos

Be Systematic in Applying the Categories-of-Contract-Language Framework

Use the Third Person in Business Contracts

The Active Voice and the Passive Voice

The Active Voice and the Passive Voice (A Note About the Quizzes)

The Active Voice and the Passive Voice (Quiz)

The Active Voice and the Passive Voice (Advanced Quiz)

Throat-Clearing!

Throat-Clearing! (Quiz)

Consolidating Deal Points

Language of Performance

Using Language of Performance to Express Performing Services

Using Language of Performance for Granting Language

Language of Performance (Quiz)

Language of Obligation Imposed on the Subject of a Sentence

Overuse of “Shall”

The “Has a Duty” Test

Some Verb Structures Not to Use for Expressing Obligations

Language of Obligation Imposed on Someone Other Than the Subject of a Sentence*

Using “Shall Cause”

If Complying with an Obligation Is Uncertain or Impossible

Imposing Obligations to Stop Something from Happening

Some Related Obligations Terminology (Including "Covenant")

Language of Obligation (Quiz)

Using "May" to Grant Discretion

Don’t Use "May" for Discretion That Doesn’t Arise Under the Contract

Be Explicit Whether Discretion Is Limited

The Ambiguity in "May … Only"

Using "May" to Express an Exclusive Option

Using "Might", Not "May", to Express Possibility

"May Require" and "May Request"

Don’t Use "At Its Sole Discretion" with "May"

When Exercising Discretion Depends on Another’s Obligation

"Is Not Required To"

"Is Not Prohibited From"

Language of Discretion (Quiz)

"Shall Not"

Expressing Prohibition Using Collective Nouns

Expressing Prohibition Using an Exception to Language of Discretion or Obligation

Language of Prohibition (Quiz)

Verbs in Language of Policy

Buried-Actor Policies

Use of the Passive Voice

Using Language of Policy to Obfuscate

Language of Policy (Quiz)

Relevant Terminology for Expressing Conditions

Three Ways of Expressing Conditions

A Condition Doesn’t Make Sense If It Can Be Ignored

A Condition Might Not Be the Only Condition

Structure and Function

The Position of the Conditional Clause

Using an "If … Then" Structure

Verbs in the Conditional Clause and the Matrix Clause

Choosing Between Positive and Negative in the Matrix Clause

Expressing Conditions Using a Conditional Clause (Quiz)

Using "Must"

Expressing Conditions Using Language of Obligation (Quiz)

Structure and Verb

Expressing Conditions Using Language of Policy (Quiz)

The Two Kinds of Assertion of Fact

Using "Represents and Warrants"

The Remedies Rationale for "Represents and Warrants"

The Timeframe Rationale for "Represents and Warrants"

English Law and Practice Regarding "Represents and Warrants"

"Represents and Warrants" Is Conducive to Disorder

Using "States" Instead of "Represents and Warrants"

Addressing Remedies Directly

Don’t Use Future Facts

Some Terminology Relating to Statements of Fact

Language of Declaration (Quiz)