Key Takeaways:
- Attorneys facing challenges related to time, digital adaptation, or language simplification can learn how to adapt their drafting style to the audience rather than the negotiator.
- 97% of respondents reported that their clients are overwhelmed by the length of contracts and legal documents, according to a recent survey.
- As the legal industry continues to evolve, attorneys who embrace these principles will be well-positioned to drive innovation in contract design while maintaining legal integrity.
Contract design is a complex process that requires attorneys to balance legal precision with clarity, usability, and practicality. As contracts evolve beyond traditional text-heavy documents into more user-friendly, visually structured formats, legal professionals face new challenges in adapting their drafting and review approaches.
From managing time constraints and resisting the urge to over-redraft terms to simplifying legal language and embracing digital workflows, these obstacles can impact the efficiency and effectiveness of contract design.
In this article, we explore the top five challenges attorneys commonly encounter when (re)designing agreements—and, more importantly, how to overcome them. But we’ll also uncover some compelling stats from the Contract Nerds Terms of Use redesign, along with insights from our experience working on this exciting project with the Contract Nerds community. Additionally, we’ll share data and feedback from attorneys who engaged in the process, offering real-world examples of how these challenges manifest in practice—and how to overcome them.
Behind the Scenes of the Contract Nerds Terms of Use Redesign
For the redesign of the Contract Nerds Terms of Use, we established a clear vision: Our goal was to create a contract that not only serves its legal purpose but also stands as a clear, engaging, and design-forward example for the industry. We wanted to instill confidence in users and encourage active engagement with both the platform and its content.
We used the five-step process for contract design throughout the project and, when we analyzed the feedback, we were thrilled to see an overwhelmingly positive response. Survey results highlighted that:
- The language used in the terms is clear.
- The terms are seen as fair and balanced.
- The document is easy to navigate and use.
- The design matches Contract Nerds’ branding.
Additionally, when we asked if users believed this clearer and more transparent way of presenting the Terms of Use could help build better relationships between users and Contract Nerds, 77% of respondents answered with a resounding “Yes, absolutely!”
When we revealed the redesign of the Terms of Use in our Contract Nerds Webinar on How to Apply Legal Design to Improve Your Contracts, we uncovered some striking statistics that highlight the real-world challenges attorneys face with contracts.
According to a survey of webinar participants:
- 97% of respondents reported that their clients are overwhelmed by the length of contracts and legal documents. 32% of respondents noted that their clients are systematically overwhelmed by the length of these documents, suggesting that it’s not just an occasional issue but a recurring one.
- 96% of respondents shared that clients struggle to understand complex legal language, emphasizing the need for clearer, more accessible contract design.
- 46% of respondents revealed that they have never used legal design in their contract work, indicating that many attorneys have yet to adopt this approach.
These findings underline a significant gap that contract design can help fill, by providing tangible tools, techniques, and skills to address these challenges. It highlighted the importance of focusing not just on the content of legal documents, but also on their structure, navigation, and readability.
The Biggest Hurdles for First-Time Contract Designers and How to Tackle Them
We’ll now share our experience during the redesign exercise, highlighting the challenges we faced and how we overcame them. Our goal is to offer insights for legal professionals eager to apply contract design in practice—whether it’s for Terms of Use or other legal documents. By sharing these lessons learned, we aim to help others navigate the hurdles of contract design and keep key considerations top of mind when embarking on similar projects.
Time Constraints:
As always, managing time is a challenge. With big ambitions and limited time, this project required careful attention and focus. To overcome this, we adopted an asynchronous workflow. We began with a kick-off call and an in-depth client survey to gather key insights, then continued the process primarily through email communication. This approach allowed us to effectively navigate the constraints and still deliver a high-quality result. Trust and strong communication played a vital role in working well together asynchronously.
Adapting to Digital Workflow:
Transitioning from Word to a fully digital format posed some challenges – that meant adjusting by working across multiple platforms — editing in Word and then transferring to Canva – the chosen platform to host the new online Terms of Use. Despite this, we made it work efficiently by creating a detailed table that mapped each section from the Word document to the corresponding part in the Canva version.
Simplifying Legal Language:
One of the key challenges was resisting the “temptation” to fall back on legalese. We wanted to prioritize clarity of the terms and ensure they’re usable. For the legal sections, we chose to balance a formal legal language with concise summaries in plain language to improve readability, maintain that legal precision while offering an easier-to-read summary. We discovered through the 1-1 tests that users tended to start with the summary, and if they wanted more details, they’d then read the full clause. That was a really insightful finding!
Resisting the Temptation to Redraft the Terms During Design Reviews:
During design reviews, there was a temptation to redraft the legal terms, particularly as there were multiple ways to structure the defined terms. It is advisable to have a fully vetted and finalized set of traditional terms before starting the design process to avoid unnecessary revisions.
Drafting for the User:
When first using contract design, there is often an expectation that the document will become shorter. However, when drafting contracts with both design and user experience in mind, it may be more beneficial to present information in a longer, more familiar language to improve comprehension, rather than simply prioritizing brevity.
Incorporating elements such as white space, clearly separated paragraphs and sections, and avoiding overcrowding helps improve readability. Additionally, repeating key concepts through plain language explanations, adding headings in text boxes to draw attention, and providing navigation menus with instructions on how to use them can ensure the user doesn’t miss important information. While this approach may result in a longer document that might seem redundant or excessive for a traditional lawyer first using contract design, it ultimately enhances user experience and comprehension.
Contract design requires a shift in mindset—from seeing contracts purely as legal instruments to recognizing them as dynamic, user-centric tools that facilitate business relationships. The challenges attorneys face, whether related to time, digital adaptation, or language simplification, are not insurmountable. By strategically addressing these hurdles and embracing a more intentional, design-forward approach, legal teams can create contracts that serve both legal and business needs effectively.
Ultimately, the goal is not just to draft agreements but to design them for clarity, usability, and efficiency. As the legal industry continues to evolve, attorneys who embrace these principles will be well-positioned to drive innovation in contract design while maintaining legal integrity.
By adopting strategic solutions, including leveraging trust in collaborative workflows, prioritizing user-friendly language, and structuring agreements for better navigation, attorneys can create agreements that are both legally sound and practically accessible.
Learn More: Ready to build more trust, enhance clarity, and add value by leveraging visuals in contracts and legal documents? Discover the Visual Lawyer Bootcamp program with Tessa Manuello.
