Part I. Contract drafting: matters of style

Good lawyers are capable of identifying what is important and truly necessary in a contract and leaving out unnecessary language. Poorly qualified lawyers use all kinds of funny phrases and useless ‘legalese’ to impress. This latter group makes it difficult for those who will actually work with the contract to understand what it means (if anything is meant at all). Also, their clients will probably not read such an illegible contract and will probably not even be interested in the contract negotiations where archaic language is defended. This book should help lawyers to understand that many contract provisions can be reduced to a minimum, thereby improving it without reducing their effective­ness.

Chapter 1 is about general drafting principles: it is the part most closely related to grammar and focuses on techniques to keep your contract precise. In many cases, the described techniques apply universally, in other languages as well.

Chapter 2 addresses aspects which become relevant as a result of cross-border contracting: cultural aspects of contract drafting are identified and we will touch upon differences between the main legal families (i.e. the Roman and the Germanic legal traditions as opposed to the common law).