When You Think You Know Better Than Your Lawyer

WHEN YOU THINK YOU KNOW BETTER THAN YOUR LAWYER

I’m right there with you - sometimes I feel like contracts are written to keep regular people out of the loop on purpose. When I was renovating my last place, I remember getting a 30-page contract from the architect. It was so dense, I swear I needed a nap after page three. There was a section about “force majeure” that sounded like something out of a pirate movie, but it turned out to be about what happens if there’s a hurricane or whatever. Why not just say that?

I get that lawyers want to cover every possible scenario, but at some point, it feels like they’re just making things more complicated than they need to be. I’ve actually pushed back before and asked for a “plain English” summary alongside the legal version. Sometimes they’ll do it, sometimes they act like I’m asking them to rewrite the Magna Carta.

But here’s the thing - I do think some of this is about tradition and maybe even job security. If everyone could read their own contracts, would we need lawyers as much? Maybe that’s cynical, but it crosses my mind every time I’m squinting at another “heretofore aforementioned party” clause.

That said, I have to admit, the one time I tried to DIY a contract (for a landscaping project), it backfired. The guy bailed halfway through and there was nothing in writing about timelines or penalties. Lesson learned: sometimes the jargon protects you, even if it’s annoying.

Still, there’s got to be a middle ground. Why can’t contracts be both thorough *and* readable? It shouldn’t take a law degree to figure out if you’re about to get stuck paying for someone else’s delays. Maybe we’re not naive for wanting things simpler - maybe we’re just tired of feeling like outsiders in our own deals.

WHEN YOU THINK YOU KNOW BETTER THAN YOUR LAWYER

Why can’t contracts be both thorough *and* readable?

I’ve wrestled with this exact thing on every project. I once tried to simplify a contract for a client - cut out the “heretofores” and all that - and my lawyer nearly had a heart attack. Turns out, some of those weird phrases actually have decades of case law behind them. Still, I always give clients a bullet-point summary in plain English. It’s not perfect, but it helps bridge the gap between legalese and reality. The system’s clunky, but skipping the details can really bite you later... learned that the hard way when a contractor tried to wiggle out of warranty work because I’d left out one line.

WHEN YOU THINK YOU KNOW BETTER THAN YOUR LAWYER

I get the whole “legalese has history” thing, but honestly, I think lawyers lean on it way too much. I’ve pushed back on mine to use clearer language, and we haven’t had issues. If the contract’s so dense no one understands it, what’s the point? I’d rather risk a little than sign something I can’t even explain to my own team.

WHEN YOU THINK YOU KNOW BETTER THAN YOUR LAWYER

Totally get where you’re coming from. I’ve had contracts for green projects that felt like they were written in another language. I keep asking, “Can we just say what we mean?” Sometimes my lawyer looks at me like I’m nuts, but hey, I need to explain this stuff to contractors and clients, not just other lawyers. If I can’t translate it, what’s the point?

WHEN YOU THINK YOU KNOW BETTER THAN YOUR LAWYER

I run into this all the time, especially with specs and addenda. Legal language is meant to cover every possible scenario, but it can get so dense that even I have to read it three times. I’ve had situations where a sub asks me what a clause means, and honestly, I’m not always sure myself. I’ll push back on my lawyer to clarify or rephrase, but sometimes they insist it needs to be “airtight.” I get the need for protection, but if the people actually doing the work can’t understand it, we’re just setting ourselves up for confusion on site.

One thing that’s helped is asking for a plain-English summary alongside the legal version. Not every lawyer loves that idea, but it’s made a difference for my team. At the end of the day, if the contract isn’t clear to everyone involved, it’s just going to cause headaches down the line.