Wednesday, May 4, 2016
In an interesting post for those of us who teach contract drafting, Golden Pen Awardee and legal writing expert Ross Guberman explores the prescriptivist versus descriptivist dilemma facing the contract drafting community. In an attempt to "bridge the gap" between how transactional lawyers do write, and how some drafting pundits think they should write, Guberman ponders the adoption of a "rebuttal presumption." Guberman posits if "more than 75 percent of seasoned corporate lawyers adopt a certain practice in contract drafting," it can be presumed such practices arise from more than mere inertia and fearful adherence to jargon. An interesting hypothesis -- see this legal writing prof's response in the comments!