Drafting tips for legal writing: letters, e-mails, contract clauses, etc.

When drafting contracts, it is extremely important to pay attention to all grammatical aspects of the document, particular the placement of punctuation marks. Although, at first glance, this would appear to be a minor detail, incorrect usage of punctuation marks can change the entire meaning of a clause or of a contract. [read more]

Certain types of provisions in a contract may be legally questionable or unenforceable, depending on how they are presented in the context of the contract. In some jurisdictions, for example, non-competition clauses may be unenforceable unless they are supported by certain statutory consideration. Even more important for the drafter, some jurisdictions require some clauses to be clearly evident and accessible to the reader in order to be enforceable. [read more]

When drafting a contract on behalf of a client, it is vitally important to engage in multiple “what-if” scenarios. A good contract will anticipate as many future “problems” as possible and express the parties’ understanding in the event such situations arise. Speaking with your client about the nature of its business and past and present disputes with competitors is a good place to start; such conversations will generate many issues the drafter may not otherwise consider. [read more]

The consent to jurisdiction and forum selection clause in a contract sets forth the location where any disputes relating to the agreement will be resolved. This can be a rather important clause, particularly when parties to a contract reside in or do business in two different countries. A typical formulation of such a clause (dealing with potential litigation, rather than arbitration) is set forth below: [read more]