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Mastering the Contract Narrative

Mastering the Contract Narrative. Cynthia Adams Indiana University Robert H. McKinney School of Law Western Regional Legal Writing Conference Eugene, Oregon August 11, 2012.

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Mastering the Contract Narrative

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  1. Mastering the Contract Narrative Cynthia Adams Indiana University Robert H. McKinney School of Law Western Regional Legal Writing Conference Eugene, Oregon August 11, 2012

  2. Contract drafting is a process by which wordsmiths create a mystical document of labyrinthine passages, replete with magical words and shadowy law. Really?

  3. A contract drafter shapes the narrative of the parties’ relationship.

  4. A great writer is an invisible intermediary between the source and the audience.

  5. The Polestars for Writing Great Narrative Know what is at stake Follow a clear, logical progression Be natural in your prose Avoid clichés Be concise

  6. The Wisdom of the Five “W’s” • Who? •What? • Where? •When? • Why?

  7. Structure Contract Book • Beginning • Middle • End • Beginning • Middle • End

  8. The Beginning Purpose: Sets the stage for the action to come; the actors decide to act. • Title • Communicates the core idea of the writing • Introduces the key actor(s) • Names • Relevant description • When • Where • Why

  9. The Middle Purpose: The action. • Establish the relationship • Primary details • term of the contract • monetary • Secondary details, e.g. • representations • warranties/disclaimers • shipments, inspections, marketing, benefits

  10. 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.

  11. The Keys to Developing Narrative Skills Read Write

  12. The End

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