23 Mistakes Experienced Contract Drafters USUALLY Make

Wednesday, May 13, 2020 | 9:00 a.m. – 4:30 p.m.

5.0 General and 1.0 Ethics CLE Credits  | CLE #2020-004

Registration Fee: $165
 

Presented by: Lenné Eidson Espenschied

Who taught you to draft a contract, to create defined terms, how to establish specific legal consequences, which words to prefer, and which words to avoid?  The truth is that, when it comes to drafting contracts, most of us are "winging it," so, predictably, most contracts are plagued with mistakes.  The good news is that we always learn more from mistakes, and we can learn plenty by examining drafting mistakes other experienced lawyers have made!  Using drafting mistakes from a recent high-profile merger agreement, we'll analyze and critique 23 typical stylistic and substantive drafting errors experienced lawyers usually make  -- from ambiguous definitions to strategic errors with indemnification.  We’ll explain reliable drafting techniques to prevent these errors in all kinds of contracts for all kinds of transactions, including mergers and acquisitions, contracts for the sale of goods and services, licenses, real estate contracts, settlement agreements, employment and consulting agreements, partnership agreements, and more.  Whatever your current level of experience in drafting contracts, you'll learn highly practical techniques to enhance your drafting skills, avoid critical errors, and improve the quality of your work.  The seminar also includes brand new substantive content on: 

• a strategy for creating 10 specific types of legal consequences in a contract;
• the 7 components of a basic indemnification provision;
• how to use these components to negotiate the best deal for your client even when the bargaining leverage is less than optimal; and
• recent Delaware cases on the effect of corporate seals.

Last, but not least, this seminar includes a discussion of 8 Rules of Professional Ethics that pertain specifically to transactional practice.