Contract Drafting Skills

Drafting clear, enforceable contracts is a vital skill for transactional attorneys. This course provides a foundation for applying formal best practices while navigating the practical constraints of day to day practice.

We will begin with a nuts and bolts overview of contract drafting. What are the common structural elements of contracts? Why do commercial transactions use templates that look so different from other common types of contracts, such as employment agreements or privacy policies? Next, we’ll consider several boilerplate terms that might pose “traps for the unwary.” The course also covers best practices from a litigation perspective. Then, we’ll look at example provisions to evaluate the balance of risk allocation—i.e., to determine which party each provision tends to favor. Finally, we’ll explore best practices for drafting with clarity and precision—and proofreading your own work.

This introductory course covers a full range of key topics that early career attorneys (and those transitioning from litigation to corporate work) need to know to start drafting with confidence. The course also offers veteran transactional attorneys an opportunity to refresh their knowledge of formal best practices and reconsider old habits from new perspectives.

Learning Objectives:

• Identify core structural elements of contracts and common formats
• Develop critical thinking skills for drafting “boilerplate” provisions
• Recognize best practices for drafting with clarity and precision from a litigation perspective
• Evaluate risk allocation between parties
• Identify the best practices for drafting contracts with clarity and precision