Draft better contracts by paying attention to words

This post on the use of the term immediately, one of many similar explorations by Ken Adams, is the sort of thing that attracts me to contract drafting. There is a lot to be said for using the right language to convey an idea: language that is clear, concise, hard to misconstrue, and simple without being simplistic.

In reference to a post on the use of the term aggressively, I wrote:

These comments seem like nitpicking and pedantry until you start to listen carefully and accept the empirical, outcome-based approach that Ken Adams has followed. What do courts do with our contract language? Isn’t that a significant goal of drafting? To tell parties to what standards they can expect to be held?

Every time I read one of these posts it energizes me to re-read my form contracts for even simple things like entity formation (startup and nonprofit), founder’s documents, and venture financing.

I have been in discussions with some of my colleagues around the country on creating both a new new set of startup and venture documents and some additional materials (still in stealth mode!) for entrepreneurs. If you’re interested in hearing about these directly when they’re available, sign up for free RSS updates, or send me an email at rick@rickcolosimo.com.