Better Contracts series, Episodes 1-6: a recap

What you’ll get out of this recap

The Better Contracts series is my way of sharing new and practical ways to write, design and manage contracts in a better way. In this recap, I’m going to give you links to the first 6 episodes and a short summary of what they cover. We start with some basic techniques and move onto more exciting stuff - all of which I hope hold practical application as well as inspiration for those who work with contracts. And isn’t that almost everyone?

The backstory

The Better Contracts series was kick-started by some LinkedIn posts at the end of 2019, where pundits talked about the passing year: what was good and what was meh. A lot of the discussion centred on how much tech hype there had been and far too little real innovation on the ground. That’s why for 2020 I started this series about practical ways in which contracts can be reshaped and redesigned - to do my small part to accelerate positive change in how lawyers and contract professionals work with contracts, day to day.

So here are the episodes!

Episode 1 (the one with the dog wagging the tail)

Episode 1 was about my first go-to contract design technique: putting key terms upfront. A business-first rather than legal-first contract structure. It’s all about reverse sandwiches, open sandwiches, and mini-bites platters. Yum.

Episode 2 (the one with Old McDonald)

Episode 2 introduces modular contracts! Through the eyes of the venerable Old McDonald, I show you how to put together a well structured farm that people love to visit, rather than lumping all your animals in one smelly barn. It’s one of my staples (almost a pun?).

Episode 3 (the one with the force majeure resources)

Episode 3 was triggered by the Coronavirus crisis. I launched the COVID19 Generator, a free interactive tool to help with force majeure issues. It’s still there, and is a useful resource and a showcase of what you can do when you apply design thinking to simple tech.

Episode 4 (let’s get physical - the one with touch)

In Episode 4 I got on my skateboard and explored the concept of “touch”, inspired by cool stuff from legal design powerhouse Amurabi. It’s all about using physical touch, immersion, positive friction and user-led interaction. I give practical ideas of how to use these ideas to make contracts better.

Episode 5 (breaking bad - the one with the habits)

In Episode 5, I take a dip in the bracing waters of behavioural psychology. I look at how old tech and bad habits create bad contracts and even worse contract processes. I propose new habits that are better for productivity, business and wellbeing.

Episode 6 (the one with caution and courage)

In Episode 6, as I go down a hill, I reflect that contract design needs caution and courage - in all the right places. I encourage more breaking of outdated conventions, and show how a purpose-led approach built around WHY helps you to create better contracts that your customers will love.

That’s not all, folks.

I really hope this series is useful and helps move things along, even if incrementally, but hopefully more than that. Follow me on LinkedIn to catch other upcoming episodes (which may involve more planks on wheels, or just planks, or just wheels), and check out the following:

Majoto - everything I know and believe about contracts, wrapped up in tech.
R/evolution - a gallery of design/tech experiments and case studies.