3-Hour Program

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The reduction to writing of an agreed-upon understanding among parties can sometimes be viewed as a cursory step in formalizing a business relationship. Yet the manner in which concepts are expressed on a page is often as important as the concepts themselves. Solid contract-drafting skills are therefore essential tools to any professional who deals with transactions or business relationships. Unfortunately, although contract counterparties might have the best of intentions, many contracts—even those drafted by experienced attorneys and those relating to the most prominent of transactions—are plagued with ambiguities, inconsistencies, unintended imprecision, and “bloat” from rhetorical emphasis, rendering them confusing, risky, and potentially very costly. This course is designed to convey fundamental—but often unconsidered—principles to assist both newly admitted and seasoned attorneys with drafting, analyzing, and interpreting contracts. Unlike many other contract-drafting courses, this course focuses on the manner in which concepts are expressed in a contract, rather than the substance of any provision or contract in particular.

What You Will Learn
After completing this program, you will understand

  • the importance of language in contracts
  • the different categories of contract language (including language of accomplishment, covenants, discretionary language, representations and warranties, acknowledgments, and administrative language)
  • the distinction between shall, will, and must
  • what is conditional language
  • the language of exception and subordination
  • the concept of deemed
  • references to time (and how to use them)
  • ambiguities associated with and and or
  • legal archaisms (and how to avoid them)

Credit Details

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