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The whiteness of the blank page blinds your eyes: this is where the schedule is supposed to go.
At the moment it is a void of information—unlike the front end of the agreement which is Japanese knot-weed in legal form: an overgrown thicket of legalese nestled within an impenetrable forest of paragraphs.
(Obviously not a Lexis®PSL Commercial document.)
Now it's your turn. You have to draft a schedule for a 100 page contract. The contrast between the detailed front end and the blank piece of paper in front of you is stark.
Where do you start?
Well, instead of slipping into an existential malaise—or indeed slipping off to the nearest pub—why not have a look at our handy cheat sheet below? Our top seven tips on what to do to help you on your way.
No, you don't have to don a pork pie hat and start collecting grubby anoraks. Just get down to basics and ask yourself some fundamental questions:
Now it's time to start reading books about Machiavelli. Where does the power in the commercial relationship lie?
In fairness, this is probably your job. Schedules are attached to contracts so this is not a time to start ignoring the law or even 'soft' law such as statutory guidance:
Do you have a solid understanding of the front end of the agreement and the underlying transaction? At the very least you should have an understanding of the sections that are relevant to you:
You can't do it all. Drafting schedules should be a team effort:
Some lawyers hate delegating. You shouldn't be one of them. Your client may very well have a better idea as to what should go into the schedule and how it should be done:
Everyone is human. Sometimes, your client may be miffed about something which is not connected to the schedule but it has affected his or her view of it:
Schedules can be time-consuming to draft and typically left to the last moment.
How do you manage? Do you have any handy tips? Do let us know below.
PS For those who subscribe to Lexis®PSL Commercial, we will be uploaded checklists soon on this subject. Keep your eyes peeled!
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