Creativity in Contracting is expandable to how we contract. Whilst not all of us are ready or even sophisticated enough to adopt the Dominos approach in the attached Contract Teardown from Law Insider, there is still a lot we can do to benefit from the principles highlighted. It is important to communicate clearly and simply, what are you trying to do and who are you trying to communicate it to. Making contracts and drafting accessible, entices the reader to actually read the requirements and deliverables.
The whole point is that the buyer and supplier need to understand what will be delivered, by who, when and why.
People read contracts on different devices, so accessibility is key for all people on all devices. Visuals can be used as marketing tool, reinforce the brand, and doesn’t need to be lawyer speak, that, “Slaps you in the face”.
#Inspired. There is so much more I could say, but this Contract Teardown says it all, and it actually excites me to share this, as if you follow it through logically, the opportunity for use and simplification is endless….
My hope and goal is to make NDA’s just like this.
… For example, given NDA’s are the front door (and usually an early interaction) in how you engage with potential customers and suppliers, why not make it a pleasurable one? Something that is often missed by some legal counsel. I know first hand, if a potential tenderer makes a meal of negotiating a meaningless clause on an NDA for the sole reason of trying to look intellectually superior with other legal colleagues, it is a massive detractor and highlights this is likely to be a difficult relationship to manage when things get complex, so better to run away now.
So let’s not runaway, and let’s get creative in contracting.