Working with Contracts: What Law School Doesn't Teach You by Fox Charles M

Author:Fox, Charles M. [Fox, Charles M.]
Language: eng
Format: mobi
Publisher: Practising Law Institute
Published: 2009-04-30T16:00:00+00:00

• some formalities are legally necessary

• many of the formalities described in this chapter are customary, and thus their absence may cause a reader to wonder whether the draftsperson knew what he was doing

• some formalities are followed because they make the contract easier to read—in other words, they promote the user-friendliness of the contract.

A good craftsperson cares about both the appearance and utility of his or her work. Likewise, a good lawyer cares about the appearance as well as the substance of his or her work product. Rightly or wrongly, lawyers are often evaluated by third parties (including other lawyers) by the appearance of their work. Further, a draftsperson who cannot maintain internal consistency in an agreement, who fails to produce an accurate table of contents, or who produces an agreement with headings that are misleading, will often be the same lawyer who is unable to analyze issues completely and who fails to draft the parties’ agreements clearly and effectively.

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