cynthia adams indiana university robert h. mckinney school of law western regional legal writing...
TRANSCRIPT
Cynthia Adams
Indiana University Robert H. McKinney School of Law
Western Regional Legal Writing Conference
Eugene, Oregon
August 11, 2012
Mastering the Contract Narrative
Contract drafting is a process by which wordsmiths create a mystical document of labyrinthine passages, replete with magical words and shadowy law.
Really?
A contract drafter shapes the narrative
of the parties’ relationship.
A great writer is an invisible intermediary
betweenthe source and the
audience.
Know what is at stake
Follow a clear, logical progression
Be natural in your prose
Avoid clichés
Be concise
The Polestars for Writing Great Narrative
The Wisdom of the Five “W’s”
• Who?
• What?
• Where?
• When?
• Why?
ContractBeginning
Middle
End
Beginning
Middle
End
StructureBook
Title • Communicates the core idea of the writing
Introduces the key actor(s) • Names • Relevant description
When
Where
Why
The BeginningPurpose: Sets the stage for the action to come; the actors decide to act.
The Middle
Establish the relationship
Primary details • term of the contract • monetary
Secondary details, e.g. • representations • warranties/disclaimers • shipments, inspections, marketing, benefits
Purpose: The action.
The End
Alternative endings - what happens if there is • a satisfactory ending • an unhappy ending • change (e.g., misfortune, disaster)
Wrapping up the “loose ends”
Signatures
Purpose: The consequences of the action.
The Keys to Developing Narrative Skills
Read
Write
The End