One Substantive Issue Per Clause

Among the most important things to do in your drafting is to ensure that every clause addresses one and only one substantive issue.

Avoid confusion

Our experience in reviewing tens of thousands of agreements is that clauses often address two or more substantive issues. This can easily cause confusion for the reader. A common example is where the “Term” clause deals with both term and termination, or where an “Amendment” clause, despite its caption, addresses both amendment and assignment. Those are basic examples, but we often see long, complex clauses that do the same thing.

By focusing on a single substantive issue in each clause, you will be better able to focus your drafting and your reader will be better able to understand the underlying issue, minimizing the risk of the reader getting “lost in the weeds.”

Result for Table of Contents

By creating clear substantive captions for your clauses, your Table of Contents will not only serve its primary purpose but also serve, for both you and your reader, as a checklist of its contents. By reviewing the Table of Contents carefully, you and your reader will have a clear idea of what is included, … and what is not! As well, the Table of Contents of your template agreement can be used to benchmark similar agreements drafted by others and submitted to you for your review.