§ 40. If you don't understand a form provision--or don't understand why it should be included in your document--try diligently to gain that understanding. If you still can't understand it, cut it.

Exercises

Basic

Decide whether you think the provisions described below have any real meaning. If you're part of a writing group or class, be prepared to defend your position.

Intermediate

Interview a lawyer who (1) has practiced transactional law for at least ten years, and (2) can recall a situation in which a provision relating to some other deal had meaninglessly crept into draft contracts where the provision didn't belong. Take specific notes on the interview. If you're part of a writing group or class, be prepared to report your findings.

Advanced

Find a reported case in which a party has had to argue that a sentence or paragraph is essentially meaningless. Write a casenote. Decide whether you agree with the court's resolution of the issue. If you're part of a writing group or class, bring a copy of both the case and your casenote for each colleague.


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