Two corporate partners recently told me about a dispute they’ve been having for years: Does the “days” in “30 days’ notice” take an apostrophe?
It does, by the way!
Most corporate partners do agree on a broader point: Transactional attorneys make predictable drafting errors.
Here are a few of my favorite tips:
- Use the serial comma before the last item in a series: “red, white, and blue.”
- Use “because” for cause and effect; use “since” for time.
- Avoid “and/or.”
- Use “shall” for affirmative duties—not to indicate what the parties should not (or will not) do.
- Avoid “provided, however, that.” While you’re at it, avoid “provided that.”
- Avoid embedding covenants or agreements within definitions.
- When possible, group duties by party, chronologically, or in descending order of importance.
