Kuney, Krumm, and Swan's The Elements of Contract Drafting: With Questions and Clauses for Consideration, 6th

This book is a practical, wide-ranging guide to contract drafting that shows how precise language shapes legal and business outcomes across multiple areas of practice, including corporate, employment, real estate, intellectual property, finance, and regulatory law. It explains the core structure of contracts and transactional documents, helping readers understand how each provision functions and how careful drafting improves clarity, allocates risk, and strengthens protection.

New to this edition is a forward-looking discussion of the responsible use of artificial intelligence in contract drafting. It addresses key ethical considerations such as competence, confidentiality, supervision, and professional judgment, and provides practical guidance on integrating AI tools into legal workflows while maintaining client trust and compliance with professional standards.

The new edition also emphasizes that contracts are negotiated as much as they are written. It explores how drafting choices influence bargaining power, how to account for counterpart incentives, and how strategic concessions can improve enforceability and long-term outcomes. Drafting is presented as a dynamic process shaped by preparation, clarity, and negotiation strategy.

It also offers an expanded discussion of indemnification which is one of the most important and frequently disputed contract provisions. The book offers a clear framework for drafting indemnity clauses, covering third-party claims, direct losses, defense obligations, liability caps, and insurance coordination. It helps readers move beyond boilerplate language to create provisions that reflect real business risks and deal objectives.