Whitesmann’s Corporate Drafting & Commercial Agreements By Kush Kalra

A good draftsman must be an excellent wordsmith, he must know how to play with words and choose his words with great care, to express his client?s mind. If a lawyer?s drafting is ambiguous, then it may lead to multiple interpretations. Always remember, a pen is mightier than a sword, but confusion in an agreement could be confounding and result in enforceable circumstances and liabilities. Before drafting an agreement, a lawyer must understand the exact nature of the relationship the parties intended to establish, he must understand from where the parties are coming from and where they want to reach, with regards to the agreement. A lawyer must also get familiar with the terminology associated with the specific industry if the subject matter of the agreement is related to any business or service. Most industries have their own distinct terms and obligations and knowing about them would help the draftsman to frame clauses accordingly.

Before embarking on drafting the agreement, one must draw an outline of the key aspects of requirements of the client/parties involved. Making a checklist of the clauses or issues to cover would help draft a good agreement, as every agreement or a contract is unique to its circumstances and no other agreement or contract (if you are referring to one) would fit the needs of your client/the parties involved. This book provides specimen drafts of contracts on key commercial transactions for ease of reference by readers. The book will be useful for Lawyers, Law Students and Common Man.