In a recent interview with Olga Mack for Above the Law, Jeffery Kruse highlighted a pivotal shift needed in contract drafting: transitioning from dense legal jargon to clear, actionable guidance. This perspective is not just a reformative suggestion but a strategic imperative to enhance business collaborations.

Contracts should serve as blueprints for partnership, detailing the roles, responsibilities, and processes in a transparent and predictable manner. The traditional view of contracts as defensive arsenals filled with legal traps does little more than sow distrust and confusion. Instead, a well-crafted contract ensures all parties are aligned from the outset, facilitating smoother operations and preventing disputes.

Business teams often grapple with fundamental questions about their contractual obligations, timelines, and the metrics for success. If these are obscured by complex legalese, the contract fails its primary purpose. It’s essential that those who implement and live by the terms — from project managers to finance teams — find the contract accessible and straightforward.

The introduction of the SEE (Simple, Easy, Effective) framework by Kruse invites legal teams to treat contracts as they would a user manual for a product. This approach demands that contracts be drafted not only with legal precision but with an emphasis on everyday usability. Key information should be prominent and understandable, avoiding the alienation of non-legal stakeholders.

It is time for in-house lawyers to evolve from mere enforcers to facilitators of business growth. This requires a deep engagement with the needs of the business and a commitment to crafting contracts that are fair, clear, and conducive to mutual success. By focusing on contracts as tools for collaboration rather than contention, lawyers can contribute more effectively to business outcomes.

The era of "gotcha" contracting, where success is measured by exploiting the other party's oversights, is outdated. Modern business demands contracts that foster cooperation and shared success. As legal professionals, our role is not only to protect the interests of our clients but also to ensure that contracts serve as robust frameworks for successful partnerships.

Let's champion contracts that are designed not just to be legally sound but operationally effective, promoting a culture of clarity and mutual respect in business dealings. By doing so, we shift from gatekeepers to enablers, a move that’s beneficial not just for the legal teams, but for the entire business landscape.