Why you should attend
By attending this program you will learn principles of effective writing and drafting that will enhance your transactional practice. Particular emphasis will be given to the perspectives of the end users: your clients and those who litigate commercial disputes.
What you will learn
You will learn effective transactional drafting and communication based on:
- Knowledge of key principles of contract interpretation
- Attention to the evolving body of commercial case law
- Focus on client objectives and expectations
- Application of crisp and clear drafting techniques, including use of “Plain English”
Who should attend
This program will benefit all transactional attorneys who need to improve their writing and drafting skills or need a refresher on key drafting principles.
Afternoon Session: 2:00 p.m. - 5:15 p.m.
2:00 Introduction
L. Kevin Sheridan, Jr.
2:05 Foundational Principles (The Litigator’s Perspective)
- Back to law school: A review of the basic principles of contract interpretation
- Discussion of winning transactional writing: What subject matter is typically in dispute, how to write to win, use of examples
- Litigators are your friends: Working with your colleagues at the drafting stages to identify potential litigation issues and draft to achieve better outcomes
Scott A. Levinson, Jeffrey A. Simes
3:05 Fundamentals of Effective Drafting and Transactional Communication
Part A: Focus on Client and Objective ( The In-house Counsel’s Perspective)
- Discussion of the client’s perspective, expectations, and do’s and don’t’s
- The in-house corporate attorney’s role in transactional work, and specific writing challenges that arise from that role
- The living contract: What drafting techniques are most helpful
Moderator: L. Kevin Sheridan, Jr.
Panel: Scott A. Levinson, Theresa K. Mohan
Part B: The Elements of Style
- Applying the common elements of all good writing to your drafting: Identify the audience and objective; structure and organization; clarity; consistency; “plain English” best practices
- Addressing the unique challenges that face transactional lawyers: Making words and numbers work; capturing all foreseeable future events; addressing unforeseeable future events
- Writing in the age of the tweet: preserving privilege; check your cc’s and bcc’s; the pros and cons of drafting via email committee; the power of editing and proofreading
Moderator: L. Kevin Sheridan, Jr.
Panel: David P. Connolly, Christina Edling Melendi
4:05 Break
4:15 Case Studies
A review of specific contract provisions that have received recent attention from the courts, practitioners, and professional organizations. Studies will include addressing
- The nature and extent of fiduciary duties of members of limited liability companies
- The risk of recourse contagion in corporate families
- The risk of sovereign immunity defenses in commercial contracts with government entities
Moderator: L. Kevin Sheridan, Jr.
Panel: David P. Connolly, Christina Edling Melendi, Theresa K. Mohan
New York City Seminar Location
PLI New York Center, 810 Seventh Avenue at 53rd Street (21st floor), New York, New York 10019. Message Center, program days only: (212) 824-5733.
New York City Hotel Accommodations
Due to high demand and limited inventory in NYC, we recommend reserving hotel rooms as early as possible.
The New York Hilton & Towers, 1335 Avenue of the Americas, New York, NY 10019. 1 block from PLI Center. Reservations 1-800-HILTONS or, 1-877-NYC-HILT. Please mention that you are booking a room under the Practising Law Institute Corporate rate and the Client File # is N495741. Reservations on line at www.hilton.com and enter the same Client File # in the Corporate ID # field to access Practising Law Institute rates.
The Warwick New York Hotel, 65 West 54th Street New York, NY 10019. 1 block from PLI Center. Reservations 800-223-4099 or, hotel direct 212-247-2700. Please mention that you are booking a room under the Practising Law Institute Corporate rate. Reservations on line at www.warwickhotelny.com Click reservations in menu bar on left. Select desired dates. In 'Special Rates' drop down window select Corporate Rate. In 'Rate Code' enter PLIN. Click search and select desired room type and rate plan. Or, you may email reservation requests to: res.ny@warwickhotels.com
PLI's live programs are approved in all states that require mandatory continuing legal education for attorneys, except Arizona. Please be sure to check with your state for details.
Please check the CLE Calculator above each product description for CLE information specific to your state.
Special Note: In New York, newly admitted attorneys may receive CLE credit only for attendance at "transitional" programs during their first two years of admission to the Bar. Non-traditional course formats such as on-demand web programs or recorded items, are not acceptable for CLE credit. Experienced attorneys may choose to attend and receive CLE credit for either a transitional course or for one geared to experienced attorneys. All product types, including on-demand web programs and recorded items, are approved for experienced attorneys.
Please note: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement.
If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.
Credit will be granted only to the individual on record as the purchaser unless alternative arrangements (prearranged groupcast) are made in advance.