The importance of not blindly following any single expert’s guidance about contracts

“There are many people out there giving advice on contract drafting and negotiating. I’m one of them.

The fact is that each of us developed our views and knowledge from the different ways we learned about contracts.

Some of us (like me) learned contracts from drafting and negotiating for companies and clients. We know a lot about the practical realities but not as much about the case law.

 Some learned from litigating contract cases. They spent a lot of time studying cases and seeing how contract disputes play out but may not be as familiar with the negotiation side.

And others of us learned from researching contract case law. They have done extensive analysis on what courts have decided in the past, but they may not understand today’s reality of drafting and negotiating in the trenches or dealing with contract issues that don’t end up in court.

It is no wonder (and wholly expected) the different experts have different views on how best to draft and negotiate contracts.

It is also why we shouldn’t blindly follow any single person’s ideas and advice. Because there is no one person with the “answer” that we can follow without question.

Sharing opinions in a LinkedIn post, webinar, blog, or book does not make them facts. And labeling opinions as the only correct answer does not make them so.

Be a careful consumer of contract advice. This is true even when the advice is coming from me.

I am sharing my perspective, but others take different approaches. It is not that I am right and they are wrong, or vice versa. It is just that we developed different views because of our different experiences.

When taking in contract advice, consider the source and how they developed their expertise. Then you decide how and when to apply their advice to your contract drafting and negotiation.”