Currently browsing: Why This, Not That™ Contracts Edition by Lisa Lang

DO THIS
Hire a full-time contracting operations manager after launching your Contract Lifecycle Management System.
NOT THAT
Do not assign it to the lawyer, the paralegal, or the IT professional.
WHY?
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DO THIS
Find a community of like-minded individuals who share a passion for all things contract related.
NOT THAT
Rely on what you learned about contracts in law school and your past experience.
WHY?
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DO THIS
Come to the negotiation table with a contract playbook in hand.
NOT THAT
Escalate every single proposed template revision up for approval.
WHY?
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DO THIS
Reject clauses that do not help make the contract clear and concise.
NOT THAT
Include clauses just because you have always included them.
WHY?
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DO THIS
Read your end user license agreements carefully.
NOT THAT
Skim or skip over terms of services too quickly.
WHY?
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DO THIS
Be willing to abandon (when appropriate) a traditional contractual agreement.
NOT THAT
Consider a relational agreement.
WHY?
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DO THIS
Know when to walk away from a contractual relationship that is not working.
NOT THAT
Continue to try and remediate the relationship and enforce contact terms.
WHY?
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DO THIS
If you are asked to review a contract for a complex or complicated project, don’t let pride get in your way. Ask for help.
NOT THAT
Go it alone and hope for the best.
WHY?
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DO THIS
When reviewing a contract, focus on both clarity of language and clarity of purpose and intent.
NOT THAT
Focus exclusively on eliminating legalese.
WHY?
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DO THIS
When drafting a contract, consider overall contract design.
NOT THAT
Focus exclusively on the terms within the contract itself.
WHY?
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