The Sword Vs. The Shield: How to Transform your In-House Legal Department into a Profit Center
Jared Palmer, General Counsel and Director of Security, Advantage Freight Network, USA
The Sword vs. the Shield concept, or philosophy, was presented to me in my first year of law school by my contract law professor at Chicago-Kent College of Law, in Illinois. On that particular day, she lectured on the basic principles typically relied upon when drafting contracts. The two foundational principles presented and discussed were:
(1) Drafting a contract as a way of attacking the other side or, as we commonly refer to it today, creating a “one-sided contract,” where the terms heavily favor the drafting party. Taking the offensive in this way is really about wielding a “sword”.
(2) Drafting a contract with defensive or protectionist clauses as a means of defending one’s position. This is what we refer to as using a “shield” to protect ourselves from risk.
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