Today, we’ll put the conclusion right up front – there isn’t any one way to do it. Now, you’ll have to read on to learn what “it” might be. And, if you want to skip all of that, take a quick look at the end of today’s blog posting to get an update on something we wrote about a few weeks ago.
We’ve been thinking about the best way to respond to someone’s initial draft of an agreement. It could be a lease or a loan agreement or a settlement agreement or any other kind of “involved” document. How does one decide whether to do a comprehensive redraft and send it back before even making contact with the preparer? What about interlineating short narrative comments and questions inside that initial draft and flinging it back over the transom? Or, how about the phone call to point out significant points of disagreement? What about preparing a narrative, written response? How do you like the idea of preparing an elaborate matrix with a column showing the challenged provision alongside columns showing each side’s position? Then, there is always the drip, drip, drip approach of cryptic email messages objecting to one point after another without asking for anything specific in their places? [Read more…]