Written by a practicing corporate lawyer and authority on legal drafting, this new Second Edition will completely update its first edition published in 2004. The focus of this manual is not what provisions to include in a given contract, but instead how to express those provisions in prose that is free of the problems that often afflict contracts. This manual highlights common sources of inefficiency, dispute, and misunderstanding and recommends how to avoid them. It offers a level of practical detail not found elsewhere in the literature on drafting.
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More About the Author
Kenneth A. Adams is a consultant and speaker on contract drafting, author of A Manual of Style for Contract Drafting (American Bar Association 3d ed. 2013), and a lecturer at the University of Pennsylvania Law School. His website and blog are at www.adamsdrafting.com.
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Most Helpful Customer Reviews
13 of 13 people found the following review helpful
By Byword
Format:Spiral-bound
Kenneth A. Adams has done the legal profession a service by collecting a large variety of contract drafting issues between two covers, discussing them thoughtfully, and making specific, logically defensible recommendations for resolving them.
As a practicing lawyer, I didn't immediately agree with all his recommendations, but as time passes, I find myself coming around to his point of view more and more.
I agree with his point that contract drafting is not a "craft," that is, not a vehicle for the expression of the drafter's individuality or personal style. Drafters improve their field by settling upon the best way to express certain ideas, then using those ways uniformly to avoid uncertainty.
Paradoxically, Mr. Adams condemns legalese, contending persuasively that it is "largely a myth" that such language is time- and case-tested for settled meaning.
A useful feature of the book is the appendix consisting of three versions of a specimen contract: (1) before, (2) annotated before, and (3) after. The "after" version incorporates the author's suggested revisions, making it a de-facto reference model as to form.
Perhaps against the author's intention, I find myself using the "after" version as a quick reference tool.
As a practicing lawyer, I didn't immediately agree with all his recommendations, but as time passes, I find myself coming around to his point of view more and more.
I agree with his point that contract drafting is not a "craft," that is, not a vehicle for the expression of the drafter's individuality or personal style. Drafters improve their field by settling upon the best way to express certain ideas, then using those ways uniformly to avoid uncertainty.
Paradoxically, Mr. Adams condemns legalese, contending persuasively that it is "largely a myth" that such language is time- and case-tested for settled meaning.
A useful feature of the book is the appendix consisting of three versions of a specimen contract: (1) before, (2) annotated before, and (3) after. The "after" version incorporates the author's suggested revisions, making it a de-facto reference model as to form.
Perhaps against the author's intention, I find myself using the "after" version as a quick reference tool.
8 of 9 people found the following review helpful
Format:Spiral-bound
This new second edition expands greatly upon the first's already-groundbreaking take on drafting. This edition has benefitted from, among other things, a few years of back-and-forth with the author's large and appreciative blog audience (http://adamsdrafting.com/system/). That has led not only to additions to the prior manual, but the author even changed his mind on a few issues after debating some points with his readers!
I've been following the ideas in this book since its first edition, and find them to be a breath of fresh air. Contract drafting is often left to undisciplined styles and claims of 'artistry' rather than clarity, which have over time become a recipe for unintended vagueness and uncertainty. And, all of that contributes to how attorneys are often perceived as unable or unwilling to speak and write in a language that their clients can understand.
It takes time and effort to drag others in the profession towards this new way of contract drafting, but I think it's worth the effort!
I've been following the ideas in this book since its first edition, and find them to be a breath of fresh air. Contract drafting is often left to undisciplined styles and claims of 'artistry' rather than clarity, which have over time become a recipe for unintended vagueness and uncertainty. And, all of that contributes to how attorneys are often perceived as unable or unwilling to speak and write in a language that their clients can understand.
It takes time and effort to drag others in the profession towards this new way of contract drafting, but I think it's worth the effort!
7 of 8 people found the following review helpful
By Alan Bristow
Format:Spiral-bound
I am glad I bought this book because it allowed me to draft a contract based on clear language rather than lawerise and yet it is also clear the book's author speaks with authority.
Unlike a 'normal' lawyer, the author has run a successful blog-style website for some time, testing and gathering opinion on his views. This, it seems, has helped stress-test his views and also the language he needs to use to convey them to non-lawyers.
I loved the attention to detail and coverage. My only criticism is the small number of 'sample' contracts or part-contracts. But it's a small point and I would not have wanted to loose other areas of the book for more examples.
I have had to write contracts before, with no legal training. This book helped me a lot, but not by 'dumbing down', by stretching (me) up. I recommend this book.
Unlike a 'normal' lawyer, the author has run a successful blog-style website for some time, testing and gathering opinion on his views. This, it seems, has helped stress-test his views and also the language he needs to use to convey them to non-lawyers.
I loved the attention to detail and coverage. My only criticism is the small number of 'sample' contracts or part-contracts. But it's a small point and I would not have wanted to loose other areas of the book for more examples.
I have had to write contracts before, with no legal training. This book helped me a lot, but not by 'dumbing down', by stretching (me) up. I recommend this book.
Most Recent Customer Reviews
5.0 out of 5 stars
Contract Drafting
Very helpful manual and I would highly recommend it. Great to keep in the office for easy reference.
Highly recommend it.
Highly recommend it.
Published 4 months ago by Janice1971
5.0 out of 5 stars
A must for drafting or editing contracts!
I never thought I could enjoy reading a manual on drafting contracts so much!
I especially like the section on the use of "shall" in contracts and how lawyers often over... Read more
I especially like the section on the use of "shall" in contracts and how lawyers often over... Read more
Published 13 months ago by Jesq
5.0 out of 5 stars
Just indispensable
I draft large and complex contracts for a living, and routinely deal with no-nonsense engineers and contractors. Read more
Published 18 months ago by Mapoz
5.0 out of 5 stars
An indispensable reference
This book is peerless in its exhaustiveness and thoughtfulness. Adams bases his recommendations on what's probably the most thorough analysis of contract language ever undertaken. Read more
Published on January 28, 2011 by Legal Writing Pro
5.0 out of 5 stars
Excellent and well done resource book
I've been a working contract manager and analyst for about 10 years. Outside of the areas where there are absolute rules (and there's very few of those) there is quite a bit... Read more
Published on January 23, 2011 by W. Oliver
5.0 out of 5 stars
The perfect book for (non-native English speakers) contracts managers!
An excellent reference book for any legal counsel who - just like me - is not a native English speaker and who yet needs to negotiate and draft contracts in English. Read more
Published on October 11, 2010 by Dalila S. Zerouki
5.0 out of 5 stars
GREAT TOOL
Great tool for my toolbox. This book is very well organized. I got all answers to my questions quickly. Good samples of what NOT to write.
Published on December 13, 2009 by LOUANN
5.0 out of 5 stars
Must Have For Contracts Professionals
If you are involved with drafting or reviewing contracts, this book is an essential read and as an ongoing reference. Read more
Published on October 3, 2009 by Thomas Oswald
5.0 out of 5 stars
Extremely helpful
Makes you understand that even a single word in a "standard" clause can make all the difference.
Helps produce much more readable and concise drafts. Read more
Helps produce much more readable and concise drafts. Read more
Published on February 21, 2009 by Eliman
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