I’ve been enjoying Kingsley Martin’s blog for quite a while, but his latest post really resonated with me. Broadly, the point that attracted me is the often-suspected but little understood (by clients – business lawyers understand this very well) notion that many of the words that some lawyers try to sell them in their forms of contracts are essentially useless – overpriced insurance for perils of almost inconceivably improbable likelihood, if you will. Kingsley quotes a paper by two Jones Day lawyers that makes a few points in this regard:
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