Why Put it in Writing? See the Surprising Answers.
The keys to any contract's1 success are
1.) the exchange of consideration, and
2.) that the parties, and a reasonable third party (the anticipated but unknown audience - usually a judge or bureaucrat) can understand exactly what the bargain is with little effort.
As expert technical writers we express the intentions and bargain of the parties better than most lawyers we know. (We’ve seen mountains of lawyer writing – little of it is top-notch.) In fact, some of our best clients are lawyers and law firms who want clutter free, user friendly business documents. Our job is to clearly state all operative terms and define a set of promises, so that duties (who is going to do what), conditions, or breach are easily recognized and understood.
We never use the following legalese - “whereas”, “therefore”, “notwithstanding”, “heretofore”, “foregoing”, “herein”, “hereby”, “in no event”, “including, but not limited to”, “thereafter”, “including without limitation”, “to the extent”, “in the event”, “covenants and agrees”, “subject to the provisions hereof”, “shall be binding”, “hereunder”, “hereinafter referred to as”, “without limiting the foregoing”, “shall” (unless used to mean – ‘has a duty to’).
If you want business agreements without this mind-numbing garbage, you’ve come to the right place. As expert writers we won’t compromise our dignity by using cumbersome or useless words and phrases. If any lawyer tells you these words are necessary to a contract's validity or utility, run screaming.
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We’ll leave it to you to have the lawyers muck it up. They will explain if the bargain or document conforms to applicable law (i.e., creates obligations recognizable at law), or if other legal issues, concerns, or laws ought to be addressed, or whether a little intentional vagueness is advisable.
Two things are certain:
- you'll strengthen your negotiating position with the other party
- and you'll spend less time and money on lawyers when seeking their counsel
if you first present them with a clear, well-written document embodying or explaining a deal, rather than asking them to start from scratch.
Why This Approach is Sensible
– Click Here - for Intriguing Commentary
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