Professor Kleinberger has more than 30 years’ experience dissecting contracts in practice, in the classroom, and on the witness stand. He has lectured at the ABA Business Law Section on “Beta Testing the Complex Agreement,” taught contract drafting to junior lawyers, and has written for lawyers about:
- the importance of plain English drafting (even in complex agreements);
- how to use the contract negotiation process to help discern whether a client can expect the other party to perform in good faith; and
- how to write an agreement that a client will be more likely to use as an operator’s manual for dealing with the other party than to put away in a drawer as mere “boilerplate.”
Professor Kleinberger's agreement-related services include:
• Assistance to firms revising their form operating agreements, necessitated as an increasing number of states (including California, Florida, New Jersey) adopted the Uniform Limited Liability Company Act (ULLCA).*
• Stress-testing proposed settlement agreements that contemplated a continuing business relationship between the parties.
• Plain language drafting or review of both B2B and consumer contracts.**
* Professor Kleinberger was the principal drafter of the 2006 and 2013 versions of ULLCA and of the official comments to both versions.
**Professor Kleinberger was the principal drafter of the Minnesota Plain Language Contract Act (1981), has been doing "Plain English" drafting for more than 30 years, and has undertaken to transform even the most complex contract provision into Plain English, "except perhaps the Rule of 78."