Document Type
Article
Publication Date
2022
Abstract
The core of many transactional documents will be the acquisition, creation, or exchange of property or services. Yet, transactional documents are not only descriptive legal devices that dictate the exchange of widgets for cash. They are multifaceted documents that have the ability to do more than memorialize a transaction and create the private laws between the parties. As narrative texts, transactional documents tell the stories of the parties' relationship, whether it be an employment agreement, trust document, or purchase and sale agreement. Transactional documents present necessary and relevant information as a series of linked events where the transacting parties become characters participating in a narrative arc. The effectiveness of the transactional document can be enhanced with the drafter's use of narrative-based techniques. ...
This article addresses not only the reasons why transactional documents should be considered both narrative texts and persuasive documents, but also presents concrete examples of how drafters can use narrative-based drafting techniques to craft more effective documents. These transactional documents will not only better achieve the drafter's dual goals, but they will humanize the documents and give voice to the transacting parties and their transactions.
Recommended Citation
Susan M. Chesler and Karen J. Sneddon, Humanizing Transactional Documents: Why and How Transactional Drafters Should Use Narrative Techniques, 23 Tenn. J. of Bus. Law 222 (2022).