This contract tip is about balancing streamlined contract language with the need to add detail and nuance.
We all know the importance of drafting with clear and plain language. That approach makes it easier for lawyers, business people, and judges to understand the rights and obligations.
But we also know that precision matters. And it is in a contract's details that we identify the exact scope and bounds around the specific terms.
The balance between straightforward plain language and detailed precision is one of the biggest challenges we face as contract drafters.
I've found the balance is more art than science, but here's how I approach it:
I start with a foundation of simple sentences with active verbs.
My default drafting structure follows the basic word order I learned in second grade. "Jane reads a book." Or, in our contract parlance, "Seller will deliver the Product to Buyer."
Then I ask whether more details matter. Would disaster strike if something wasn't done as we need it done in exactly the way we want it done?
If it will be problematic for my client, I add the detail. If it wouldn't be or the chance it would be is very remote, I keep it simple.
What is your approach to achieving this balance?
