HOW TO DRAFT A CONTRACT
Live In-Person Seminar
ITEM #:  1043612301   |   EVENT CODE:  483831
MEMBER PRICE
$275.00
STANDARD PRICE
$325.00
MSBA MEMBER, NEW LAWYER, AND OTHER DISCOUNTS, IF APPLICABLE, WILL BE APPLIED DURING CHECKOUT.

MINNEAPOLIS

Wednesday, April 26, 2023

2:00 PM - 9:25 PM   |   Check-In:  1:30 PM

Minnesota CLE Conference Center

600 Nicollet Mall # 370

3rd Floor, City Center

Minneapolis, MN 55402

How to Draft a Contract

Featuring Nationally-Renowned Contracts Expert Lenné Eidson Espenschied 


This "how to" drafting program is relevant to lawyers entering any area of transactional practice, including corporate, mergers and acquisitions, business law, and intellectual property, to name just a few. The program begins with a discussion of the legal context of drafting, revealing outside forces that may dictate the way specific terms of the agreement are drafted or interpreted. The program examines the meaning and implications of common performance and boilerplate provisions and includes specific drafting techniques and strategies that lawyers can implement immediately to draft legal documents with confidence.

Learn how to:

  • Understand the meaning of, and negotiating strategies for, key provisions and boilerplate
  • Negotiate and draft a rock-solid indemnification provision, even in low leverage situations
  • Appropriately allocate risk between the parties using clear, simple language
  • Use the right words to create the intended legal consequences
  • Avoid unintentionally ambiguous phrasing traps
  • Minimize risks associated with drafting in "the cloud"
  • And More!

THE SPEAKER

Lenné Eidson Espenschied has earned her status as one of the Top 2 contract drafting speakers in the country by continually striving for excellence and providing innovative, practical skills-based training for transactional lawyers. She practiced law in Atlanta, Georgia for 25 years, focusing on corporate and transactional representation of technology-based businesses. She is the author of two books published by the American Bar Association: Contract Drafting:  Powerful Prose in Transactional Practice (ABA Fundamentals, 3rd Ed. 2019) and The Grammar and Writing Handbook for Lawyers (ABA Fundamentals, 2011). After graduating from the University of Georgia School of Law magna cum laude, Ms. Espenschied began her legal practice at the firm now known as Eversheds Sutherland; she also served as Senior Counsel in the legal department of Bank of America before eventually opening her own law office. As a law professor, Ms. Espenschied taught commercial law, contracts, and contract drafting. Her passion is helping lawyers acquire the skills they need to be successful in transactional practice.


THE SCHEDULE


8:30 – 9:00 a.m.
CHECK-IN & CONTINENTAL BREAKFAST


9:00 – 9:05 a.m.
WELCOME & ANNOUNCEMENTS


9:05 – 10:35 a.m.
The Characteristics of Excellent Contract Drafting
What makes for excellent drafting? This session will examine that question and:

  • Identify the characteristics of excellent drafting
  • Explain the context of legal drafting
  • Highlight the components of a contract


10:35 – 10:50 a.m.
BREAK


10:50 a.m. – 12:20 p.m.
Negotiating and Drafting Key Provisions
The most important provisions in your clients’ contracts also present the most opportunity for conflict – in negotiating and in performing the agreement. This session will provide practical tips for negotiating and drafting these key provisions:

  • Scope
  • Representations and warranties
  • Express warranties, limited warranties, and disclaimers
  • Warranty of Merchantability
  • Warranty of Fitness for a Particular Purpose
  • Limitations of Liability
  • Liquidated Damages
  • Indemnification
  • Term and termination clauses


12:20 – 1:10 p.m.
LUNCH BREAK (on your own)


1:10 – 2:40 p.m.
Drafting Techniques and Strategies
Don’t start drafting (or editing) without some forethought and strategic planning. This session will take you through:

  • Best practices for defined terms
  • Words to create specific legal consequences
  • How to start from a winning position
  • What really matters in allocating risk
  • How to track money and alternative incomes


2:40 – 2:55 p.m.
BREAK


2:55 – 4:25 p.m.
Handling ADR, Gender, Numbers and Amendments
Signatures on the page are never the “end” of the deal. This closing component of the day will tackle important contract elements that may require ongoing maintenance and consideration:

  • ADR methods
  • Gender
  • Appearance
  • Amendments
  • Effective contract review
  • Ethical considerations for drafting “in the cloud” using web apps like Google Docs and iCloud

LIVE IN-PERSON
Wednesday, April 26, 2023
Minnesota CLE Conference Center
600 Nicollet Mall, Suite 370
Seventh Street & Nicollet Mall, Third Floor City Center
Minneapolis, Minnesota

ONLINE REPLAY
Wednesday, May 17, 2023
Attend online
A moderator will be available to answer questions by email.

$275 MSBA members / $275 paralegals / $325 standard rate

Other discounts that may apply:

Scholarships available!
Need-based scholarships are available for in-person and online seminars. For further information or to obtain a scholarship application, contact us at 800-759-8840 or customerservice@minncle.org.

Minnesota CLE is applying to the Minnesota State Board of CLE for 6.0 standard CLE credits. The maximum number of total credits attendees may claim for this program is 6.0 credits.

MEMBER PRICE
$275.00
STANDARD PRICE
$325.00
MSBA MEMBER, NEW LAWYER, AND OTHER DISCOUNTS, IF APPLICABLE, WILL BE APPLIED DURING CHECKOUT.