As my eyes glazed over while reading another section of a contract that began with “notwithstanding the foregoing” I realized it was time for a change. It was time to change the way I drafted contracts. It was time to eliminate unnecessary legal jargon and draft a contract that my client can read, understand, and (perhaps) even enjoy. I browsed through my archive of contracts and quickly spotted a dozen or so terms that needed to go (thereto, herein, set forth, and heretofore, just to name a few).
The idea here is not to “dumb down” the information contained in legal documents. Rather, the goal is to convey complex information in the clearest way so that your audience can understand it….