Learn the art and craft of transactional drafting in this highly interactive, practice-focused course. Learn how to address and resolve challenges in business transactions by drafting precise and clear contractual provisions. Most attorneys work with contracts at some point in their careers, and understanding how contracts are negotiated and drafted is critical for both transactional attorneys and commercial litigators. In this course, students will learn to recognize and understand common contractual provisions, structure an effective and elegant agreement, detect drafting landmines, appreciate the functions and nuances of boilerplate language, and negotiate and draft a variety of contract provisions. Grades will be based on assignments, in-class work, and class participation. (Enrollment is limited.)
Learning Outcomes - At the end of this course, you should be able to:
1. Evaluate potential risks in a deal and draft contract provisions that account for those risks.
2. Use appropriate contract language to accurately express a negotiated position between two parties.
3. Edit contract language to proactively resolve potential problems.
4. Structure a contract using accepted principles of good contract design.
5. Critically evaluate contract language proposed by another lawyer in light of your client’s goals.