When legal expert Niti Nadarajah emphasizes the importance of adopting an "assume less, ask more" approach, she is not just underscoring a key principle in diversity, equity, and inclusion (DEI) — she's also spotlighting a critical strategy in the realm of contract drafting and negotiation.

"In various interactions, we often make numerous assumptions about others' needs and desires, which may lead us astray," Nadarajah points out. This tendency is particularly prominent in legal contexts, where presumptions about a party's priorities or risk tolerance can unnecessarily complicate contract negotiations with endless cycles of amendments and delays.

The remedy, according to Nadarajah, lies in fostering curiosity from the outset. Legal teams frequently rely on outdated templates loaded with clauses that no one has dared to question. This can lead to rigid stances even before the negotiation truly begins. Instead, Nadarajah suggests leveraging contract data to understand which clauses are frequently contested and which are seldom altered, thus guiding more relevant and productive inquiries.

By aligning contract clauses with actual needs rather than presumed interests, parties can streamline negotiations. "If certain clauses are universally acknowledged as low-risk, why not standardize or automate them?" Nadarajah proposes. This not only conserves energy for more critical negotiations but also enhances the overall efficacy and applicability of the contract.

Nadarajah also advocates for integrating curiosity into daily leadership and team culture, particularly among in-house counsel. Encouraging legal professionals to question the purpose behind each clause and to propose simplifications can prevent unnecessary complications and improve the usability of contracts post-signature.

The benefits of this approach extend beyond mere efficiency. By fostering an environment of inquiry and collaboration, legal teams can expedite agreements without compromising on thoroughness or clarity. This not only makes contracts easier for internal teams to execute but also simplifies compliance for regulatory bodies.

Ultimately, adopting a mindset of asking more and assuming less not only refines the contracting process but also signals a commitment to good faith negotiations and mutually beneficial outcomes. For in-house lawyers who are often under pressure to expedite deals without increasing risk, embracing this strategy could prove invaluable.