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The Contract Certainty Blog

The Contract Certainty Blog

The Contract Certainty Blog

Lawyers and Clients

Us versus them! This often seems to be the attitude of an organization’s legal department vis-à-vis its internal clients, and vice versa. As Ken Adams puts it:

Legal Costs Part I: Padding and Other Problems

I’m not paying for a junior to learn the ropes.

If it ain’t broke, don’t fix it. This might well be the motto of many law firms when it comes to billing by the hour. But if recent reports are any guide, it’s getting increasingly difficult for firms to cling to the illusion that the hourly billing model ain’t broke.

Does Reasonable Endeavours Mean Anything?

A favorite legal drafting trick is to play around with the strictness of obligations. Rather than say Fred must deliver the rocks to Barney within 7 days, why not say that Fred will use reasonable endeavours to deliver the rocks to Barney within 7 days.

Closing Deals: Four’s a Crowd

When it comes to closing deals, two’s company, and four’s a crowd. It’s much easier and quicker for two people to reach agreement about the terms of a deal than it is for three or four.

The Sweet Spot of Document Assembly

Things have been rather busy at Exari during the last 12 months. Our customer list, user base, and revenues have doubled (or more) and there’s no sign of slowing down soon. Which begs the question: what’s going on? Why are so many people embracing document generation now more than ever?

Bye-Bye Billable Hour

Cisco General Counsel Mark Chandler doesn’t mince his words when it comes to law firms and their addiction to the billable hour:

FSA Goes Soft on Contract Certainty

I always thought “certain” meant 100% certain. How can something be “certain” if it’s only 90% certain? It just doesn’t sound right. But who cares what I think. In the London insurance market, it’s what the FSA thinks that matters. And it turns out that 90% certain is certain enough for them.

Welcome to the Engine Room

For a while now we've been writing a blog called Pactum, in which we wax lyrical about contracts, agreements and all the fine print in between. Pactum deals mostly with news items (good and bad) which are relevant to people who spend their days writing, negotiating and managing contracts.

Are Governance Standards the Solution to IT Contract Blowouts?

An attention-grabbing article in The Australian IT starts with a couple of IT contracting horror stories, but quickly drifts off on a rather dull voyage through the alphabet soup of IT governance standards. Never mind that your contract might be full of holes. What you really need is AS-8000. And AS-8015. And AS-8016. Or AS-8018. Or BS-15000. Or maybe ISO-20000. And ISO-27001, of course.