BASICS OF CONTRACT DRAFTING

Deal lawyers must understand how to communicate the terms of even the most sophisticated transactions in an accessible manner.  A contract should accurately reflect the parties' agreement, communicate its terms in plain English, secure the client's rights, and clarify the client's responsibilities.  This course will cover the components of a contract, drafting processes and use of plain English, and how to construct the "frame" and substance of a contract, and legal principals behind specific clauses.

Using a hypothetical scenario, participants will draft several provisions of a sample two-party contract.  Attendees will leave with a checklist for drafting and reviewing contracts.

Audience: First year Transactional Associates

COMMUNICATING WITH PROFESSIONALS

Lawyers regularly communicate with both lawyers and non-lawyers.  Lawyers communicate to persuade, to convey strategy and analysis, to manage expectations, and to communicate news.  All audiences have short attention spans, requiring lawyers to convey information concisely.

This presentation will provide best practices for emails, presentations and telephone conversations.  Topics demonstrated will include writing formally and professionally, proofreading, using effective subject lines, conciseness and organization, timing, use of eye-pleasing visuals, preparation and voice control.

Audience:  Litigators at any level

CONTRACT DRAFTING FOR LITIGATORS

Audience:  New to Junior Associates

This course will provide attendees with the opportunity to improve persuasiveness in their writing to the court.  This course will emphasize writing persuasive rules by finding the "phrase that pays" in the relevant statute or case law precedent, and using that phrase throughout the argument.  Additionally, attendees will recognize how their writing employs both rule-based and analogical reasoning, learn how to draft and revise helpful, complete, and credible explanatory parentheticals, and learn how to draft and revise point headings, road maps, and conclusory sentences.  With these strategies, attendees will have a formula that will allow readers to have confidence in their writing and be able to find important easily.

Attendees will leave with a guided editing checklist for reviewing briefs.

Why should a litigator learn how to draft contracts?  In a time when a majority of cases settle, requiring attorneys to draft settlement agreements, and many cases handled by litigators arise out of contract disputes, litigators must have the skills necessary to effectively transfer the clients concerns and considerations into contract provisions.  The intensive seminar will teach the basic principles of contract drafting, including the parts of a business contract, understanding contractual concepts (such as warranties, covenants, and representations), the use of "plain English" to create contracts that are clear and unambiguous, and reviewing and commenting on opposing counsel's draft contract.  The seminar will culminate in the attendees creating their own contract based upon a set of facts or refreshing the firm's template settlement contract to more accurately memorialize client's deals and avoid litigation.

ADVANCED PERSUASION TECHNIQUES FOR WINNING BRIEFS

Audience:  New to Mid-Level Litigation Associates

INDIVIDUAL COACHING ON EFFECTIVE COMMUNICATION

Audience:  Attorneys at any level

As experienced legal writing professors and attorneys, we have the ability to diagnose problematic writing issues and provide critical, yet supportive written and oral feedback.

We can tailor a program to fit your needs