Episode 46: Designing Contracts without Lawyers with Milva Finnegan and Anna Hurmerinta-Haanpää
Legal Design Podcast - A podcast by Henna Tolvanen & Nina Toivonen
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In this episode we concentrate on contracts and how to make them more functional. We are joined by Milva Finnegan and Anna Hurmerinta-Haanpää who both have completed their doctoral dissertations on contract design. Milva and Anna talk about the transition from understanding contracts as mere legal risk management tools to instruments of communication, and how to design user-friendly contracts that are fit for purpose. Milva and Anna help us understand better the status quo in contracting. We talk about why so many contracts (still today) are mostly about managing legal risks, and therefore full of legal jargon. Contracts are typically understood as some sort of “weapons” or “risk management tools” that should try to safeguard the interests of contracting parties. However, in this episode we learn what other purposes there are for contracts. We dive deep and talk about whether lawyers really understand the full potential of contracting, or did we just stop caring at some point. And what if lawyers weren’t the ones to design contracts and what special skills different professionals can bring to the contract design process? Milva Finnegan, PhD, recently completed her doctorate degree in Economics in business law at the University of Vaasa in Finland. She recently joined KPMG US as the director of the Client Contract Value Center Anna Hurmerinta-Haanpää is a University Lecturer at the University of Lapland, Faculty of Law. She defended her doctoral dissertation on the functions of contracts in interorganizational relationships in spring 2021.