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Advanced Contract Drafting

Crafting an agreement that accurately evidences the intent of the parties requires a drafter to integrate good writing, the terms of the business deal, and the relevant legal concepts. Although many of the good writing techniques that apply to persuasive writing also apply to drafting, there are salient differences. The differences stem, of course, from the different goals of the two kinds of writing. Although briefs and memos are intended to persuade a reader to reach a certain decision or to agree with a particular conclusion, an agreement is intended to sway no one. Instead, its purpose is to memorialize the parties’ business deal. Thus, unclear and ambiguous agreements are a drafter’s nemesis.

After this workshop, the participants will know

• how to create clarity through format and sentence structure;
• how to apply their existing good writing skills to contract drafting; and
• how to recognize and prevent common drafting errors that create ambiguity.

Consistent with SLE’s philosophy that drafting cannot be taught solely as a series of abstract principles of style and grammar, the drafting exercises and discussion highlight the nexus between drafting and negotiating the business deal. To make this workshop as pertinent as possible, SLE integrates into the workshop provisions from a firm’s precedents.

An outline of the specific matters covered in this workshop is available upon request.

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