I have always been an avid reader. As a business attorney, reading is a big part of my day—contracts, articles, blogs, letters, business books, statutes, and more. But when the workday ends, I still love to curl up with my Kindle and read for fun (preferably outside!). My favorite genres? Mystery and suspense. Ironically, I also enjoy legal thrillers, despite having no interest in ever stepping into a courtroom.
My love for books started early. As a kid, I was hooked on the Choose Your Own Adventure series. These books fueled my imagination, letting me become the main character in stories where each choice could lead to triumph--or a sudden, sometimes hilarious, failure.
Imagine a 12-year old trapped in an ancient pyramid, holding only a tiki torch. Do they enter a room full of snakes or take a water slide into the unknown? Flip to chapter 12 for snakes, chapter 22 for the water slide. Sometimes, I would cheat just to see how quickly I could end up with “You died.” [Side note: obviously the water slide. Always the water slide.]
I often refer to “Choose Your Own Adventure” contracts in my legal career, but my clients know this is not a compliment. These contracts are long, repetitive, and often address the same topic in multiple places, leaving the reader trying to figure out which clause leads to safety and which one leads to a lawsuit.
Litigators might appreciate these contracts for the arguments they create, but that is not how contracts should work. A well-drafted contract is not a mystery novel; it is a clear roadmap.
When I draft contracts, I aim for simplicity and objectivity. For a service provider, the contract should clearly state what services are being offered, when they will be delivered, and the conditions for acceptance. Acceptance criteria should be tied to objective measures, not left to a customer’s discretion, especially if payment depends on it. Likewise, customers deserve to know what they are paying for. One clear statement will almost always beat eight convoluted ones.
Purposeful, streamlined language is key to efficiency. The goal is to eliminate unnecessary complexity and minimize the potential for conflicting terms. Even when ambiguity is necessary, there is still a way to explain the intent of the parties to avoid, or at least reduce the possibility of, future conflict.
Let’s leave “Choose Your Own Adventure” to books. In contracts, I vote we draft with purpose and objectivity, not fear.
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