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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