Contracts Are Communication

Communication in business, whether B2B or B2C, is a big deal. We employ marketing specialists, graphic designers, copywriters, and loads of other specialists to make sure that the main message gets across, but also to make sure that all the ancillary messaging – that comes from the choice of styling, colours, graphics, layout etc – speaks well of us and relays the image that we want to project.

When someone puts their contract in front of you, it’s also an act of communication. The main message is “we want to do business on these terms”. But the main message is also accompanied by a whole suite of other messages – intended or unintended – that are being communicated by the wording, formatting, styling, graphics, layout etc.

But with contracts, unlike other forms of business communication, there’s rarely any thought given to the ancillary messaging – the wording, formatting, styling, graphics, layout etc – or that feature when we are trying to get someone to think well of us or be persuaded by our point of view. 

Is it because lawyers don’t get that Legal is also a business discipline and the same rules apply?

Or is it because most business people think that Legal is a land apart and the same rules definitely don’t apply?

It’s a mystery.

4 March 2025