When I am drafting contracts I hear the same thing over and over and over:
“Keep it short.”
Clients don’t say, “make sure it protects my interests;” or, “be thorough,” or “be accurate.” They expect those things, surely. But when they see a well-drafted contract their comments are more along the lines of, “it’s too many pages;” or “it looks too scary;” or “what can we cut?”
More than any lawyer you will ever meet, I am dedicated to efficiency and the use of plain English. And I take time for client education, which is why I stand by the following:
Short is great, but only if it does the job.
Think about it. If your skirt is too short it doesn’t cover your…you know.
Same with your contracts.
It’s not about length. It’s about quality.
If you want to be protected in a transaction, there are certain concepts that must be addressed in the agreement. Period. Often, too, they have to be stated in a certain way. That’s just the way it is.
Will I strive for clarity in your agreement? Absolutely. That’s one of my greatest strengths. But I will not sacrifice accuracy or effectiveness just because you want the entire contract on a single page.
Much of this does, indeed, implicate the need for client education. You need to understand why these things are necessary, and why we sometimes need to use certain words and phrases. So, too, do your business partners. I fully understand that client motivation for "short" is often fear that the other side will bolt if the contract is too long.
I am available for these discussions when we’re working together on your contract. Sometimes, though, that’s not the best time to pursue professional development. You need to get that contract out the door – not muse about strategies for demystifying the law.
If any of this rings true to your own thoughts and experiences, perhaps it would be useful to engage Russell Law for some stand-alone training in the fundamentals of contracting. Please contact us for personalized training to help you better understand the issues and the lingo.