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Jim Merk

Very helpful article. Thanks.

Everyone loves an easy read. Even lawyers. My attorney cautioned me that—what makes an easy read for a marketing director might be a mud bog for their attorney.

That nauseating legalese can often be the client’s lawyer’s native language. I nearly vomited the first time I read “heretofore” in one of my contracts, but after my attorney cited cases where contract terms were nullified without specific words, I conceded to including it. Uggh.

Some clients are more comfortable reading a simple executive summary of the scope and pricing, and passing the more formal Terms and Conditions to their lawyer for review. This approach allows designers to keep their client’s smiling and maintain legal clarity and credibility.

I use simple language when I can, but occasionally the more complex projects for larger clients require the formalities.