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Drafting contracts is one of the pleasures of practicing law. But if your contract ends up in court, your handiwork will surely be tested by your opponent's skilled lawyers attacking every paragraph, sentence and word. This article provides fifty simple tips for writing the contract that is so clear that no one will want to litigate it.
These tips apply to writing all kinds of agreements: real estate sales contracts, employment contracts, equipment leases, prenuptial agreements, property settlement agreements. They even apply to stipulations and settlements in litigation. Wherever clarity and simplicity are important, these tips will guide you there.
Before You Write the First Word
Writing that First Word
What to Watch Out for When Writing
Write for the Judge and Jury
Wherever used in this contract, the word "Goods" shall mean the goods that Buyer has agreed to purchase from Seller under this contract.
Buyer hereby agrees to purchase from Seller ten (10) frying pans, hereinafter called the "Goods."
Keep Your Client Informed While You Write
What To Do After the First Draft Is Written
How to Print and Sign the Final Draft
ABC Corporation, a Florida corporation
John Jones, as its President
If these fifty tips don't keep your contracts out of court, try mastering Strunk & White's Elements of Styles. I hear it's real handy in appellate work.