About Lenné Eidson Espenschied 
Espenschied has earned her status as one of the two most popular contract drafting speakers in the U.S. 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.

Survey Overview and Methodology Plus How Courts Resolve Ambiguity  (60 MINUTES)
Learn how Ms. Espenschied went about selecting 100 ambiguous contract cases from state and federal court opinions from 2021 to identify which drafting errors are actually most likely to cause contract litigation. She will discuss her methodology and the results of her survey, including the types of contracts, types of provisions, and types of errors most likely to cause litigation. She’ll also discuss the court’s 5 options in resolving ambiguous contract cases.  

Survey Results: Ambiguous Scope Provisions  (45 MINUTES)
See examples of scope provisions determined ambiguous by the courts in 2021. Learn practical techniques for drafting scope provisions to prevent ambiguity and to protect your client’s interests.

Survey Results: Ambiguous Payment Terms and Termination Provisions  (75 MINUTES)
See examples of payment terms and termination provisions the courts considered ambiguous in 2021. Learn practical techniques for avoiding these drafting errors.

NEXT 2 SESSIONS  (90 MINUTES)

The 5 Most Common Errors in Ambiguous Contract Cases
Learn the 5 drafting errors most likely to cause litigation in this survey of 100 ambiguous contract cases.

Examples of Contextual Ambiguity and 3 Keys to Avoiding Contextual Ambiguity
Hear examples of contextual ambiguity from this survey of 100 ambiguous contract cases and the 3 keys in avoiding it.

LAST 2 SESSIONS  (90 MINUTES)

Embarrassing Errors Good Lawyers Made with Definitions
Using examples of ambiguous definitions, learn the basic rules of drafting definitions and how to avoid ambiguity; when to use integrated vs. automated definitions; when autonomous definitions are best; and how definitions can improve the text of a contract.

Questionable Associations and Ambiguous Legal Consequences
Learn to spot and correct common phrasing problems that cause questionable associations:

1. What is the Foregoing?
2. Does this Tail Wag the Dog?
3. How to Tabulate Your Way Out of Ambiguity
4. Recognize Baffling Tagalongs and Careless Reference
5. Which is Such, Said, Same?

$245

Other discounts that may apply:

• Season Pass Discount
• On Demand Bundle Discount
• New Lawyer Discount

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.

Depending on the jurisdiction in which you practice, you may or may not be able to claim credit for viewing this on demand seminar. Please check with your licensing agency for accreditation information.