Drafting Contracts A Practical Guide To Transactional Practice

From concept to closure, A Practical Guide to Drafting Contracts provides detailed instruction for drafting contracts. Moreover, it teaches readers how to adapt existing contracts and forms to the specific needs of their client--as is frequently done by lawyers in legal practice. Step-by-step instruction and examples unpack the purpose of each provision for a wide range of contracts and integrate the basic principles that apply to both domestic and international transactions. Practice exercises further develop students’ drafting skills, as well as their working knowledge of the language and syntax of contract law. New to the Second Edition: Enhanced coverage of negotiating and drafting contracts in the United States Mind-mapping exercises that help learners think deeply about key contract provisions and their effect on other important aspects of the contract New contract simulations and drafting exercises Clear signposting of text and exercises specifically written for non-native speakers Professors and students will benefit from: Step-by-step instruction through the entire drafting process In-depth explanations and helpful examples Insights into the strategic decisions behind drafting contracts Hands-on exercises that: Raise awareness of commonly occurring contract provisions Encourage use of phrasing appropriate to audience and purpose Build familiarity with the legal principles of contracts Provide practice modifying forms and contracts drafted by other parties Discussion of U.S. law regarding key contract provisions and drafting issues Online Student Resources including: Additional exercises A wealth of sample APA contracts, Consulting Agreements, and Distribution Contracts that students are encouraged to mine for appropriate language and provisions in the process of drafting new contracts

Contract Drafting: Powerful Prose in Transactional Practice presents an overview of the stages in the contract process and offers a comprehensive introduction to the substantive areas addressed in transactional documents. In fourteen lessons, readers will learn how to work from prior documents to produce effective and complete legal documents that protect the client's interests.

Transactional Drafting: Introduction to Contract Drafting and Transactional Practice contains a condensed presentation of all of the topics typically covered in an upper level law school class on contract drafting. The book covers drafting from scratch including writing in plain English (not using legalese), avoiding ambiguity, and drafting covenants, rights and prohibitions consistently (using "will" or "shall" for covenants, "may" for rights, and "will not" or "shall not" for prohibitions). And it covers contract organization, from the title and the exordium to the core covenant, deal provisions and "boilerplate," to the testimonium and the signature blocks. The book also includes material on getting up to speed before you start drafting and brainstorming for contingencies after you have finished. In addition to drafting from scratch the book introduces students to the wide range of skills involved in transactional practice. There are chapters on revising form documents, both when you are the original drafter and when you represent the other side. Also, the book includes chapters on negotiating contract language, handling a closing (i.e. verifying authority and getting the documents signed), dealing with ethical issues that arise in contract drafting and execution, drafting a contract amendment, and using computers to draft contracts. Transactional Drafting includes everything students need to know to "hit the ground running" as a transactional attorney. The chapters of the book are as follows: 1.Getting up to Speed (familiarizing yourself with the client's business and interviewing the client to flush out all the terms of the deal) 2.Drafting Covenants, Rights, Prohibitions and Descriptions (using "will" or "shall" and "may") 3.Avoiding Potentially Ambiguous Words and Phrases (time periods, numbers, misplaced modifiers, indefinite pronoun references) 4.Organizing a Contract's Beginning Sections (title, exordium, background, definitions, reps and warranties) 5.Organizing Core Covenants and Other Deal Provisions (core covenant, duration, additional provisions) 6.Organizing a Contract's Ending Sections (termination, cancellation, boilerplate, testimonium, signature blocks) 7.Brainstorming (additional provisions to better protect the client, indemnity, insurance, waivers, liability limits) 8.Drafting with Precedent Language and Documents (sources, evaluating samples, revising language) 9. Tailoring Form Documents for a Deal (making revisions consistent, determining the effect on other provisions) 10.Revising the Other Side's Completed Documents (qualifying language, limiting scope, inserting conditions) 11.Negotiating Contract Provisions (preparation, advancing the client's interests without killing the deal) 12.Dealing with Ethical Issues in Contract Drafting (revisions to signed documents, unenforceable provisions, notarization after the fact) 13.Getting the Contract Signed (closing the deal) 14.Drafting a Contract Amendment (sample form for amendments) 15.Drafting With Document Assembly Programs and On Line Resources (using artificial intelligence for contract drafting) In addition, the appendix to the book has numerous examples of contract provisions, checklists, exercises and sample documents as well as an introduction to the documents typically used for a commercial real estate loan (promissory note, guaranty, loan agreement, mortgage, and security agreement).

"Contract Drafting Introduction to Transactional Practice" is a brief but comprehensive guide to everything you need to know about drafting contracts from scratch and revising complex form agreements. This is an excellent supplement for a class on transactional drafting. It is written in a concise and unpretentious style, and is more comprehensive than most textbooks on this subject, covering the following topics: (1) Getting up to Speed (familiarizing yourself with the client's business and interviewing the client to flush out all the terms of the deal); (2) Drafting Covenants, Rights, Prohibitions and Descriptions (using "will" or "shall" and "may"); (3) Avoiding Potentially Ambiguous Words and Phrases (time periods, numbers, misplaced modifiers, indefinite pronoun references); (4) Organizing a Contract's Beginning Sections (title, exordium, background, definitions, reps and warranties); (5) Organizing Core Covenants and Other Deal Provisions (core covenant, duration, additional provisions); (6) Organizing a Contract's Ending Sections (termination, cancellation, boilerplate, testimonium, signature blocks); (7) Brainstorming (additional provisions to better protect the client, indemnity, insurance, waivers, liability limits); (8) Drafting with Precedent Language and Documents (putting a document together from sample provisions); (9) Tailoring Form Documents (revising a complex form document); (10) Revising the Other Side's Completed Documents (qualifying language, limiting scope, inserting conditions); (11) Negotiating Contract Provisions (preparation, advancing the client's interests without killing the deal); (12) Closing the Deal (closing agendas, verifying signature authority); (13) Dealing with Ethical Issues in Contract Drafting (revisions to signed documents, unenforceable provisions, notarization after the fact); (14) Drafting a Contract Amendment (sample form for amendments); (15) Using Computers to Draft Contracts (document assembly programs, on line execution, artificial intelligence) This book is also a great introduction to transactional practice for any attorney who is new to this area of law. If your practice involves contract drafting and you didn't get the training you need from law school, this book will help you learn what you need to know as quickly as possible. Numerous examples of contract provisions, checklists, exercises and sample documents are included to help you start building your portfolio of provisions and documents.

Drafting Contracts - A Practical Guide to Transactional Practice, authored by Ben L. Fernandez is a brief but comprehensive guide to everything you need to know about drafting contracts from scratch and revising complex form agreements. Ben L. Fernandez currently teaches Legal Drafting to students at the University of Florida Levin College of Law. Before he went into teaching, he gained extensive experience practicing in this area. He has densely packed this concise text with valuable practice information, insights and tips. This latest book on contract drafting contracts covers more topics and has much more practical information than other texts on this subject. Issues discussed include: Getting up to Speed (familiarizing yourself with the client's business and interviewing the client to flush out all the terms of the deal) Drafting Covenants, Rights, Prohibitions and Descriptions (using "will" or "shall" and "may") Avoiding Potentially Ambiguous Words and Phrases (time periods, numbers, misplaced modifiers, indefinite pronoun references) Organizing a Contract's Beginning Sections (title, exordium, background, definitions, reps and warranties) Organizing Core Covenants and Other Deal Provisions (core covenant, duration, additional provisions) Organizing a Contract's Ending Sections (termination, cancellation, boilerplate, testimonium, signature blocks) Brainstorming (additional provisions to better protect the client, indemnity, insurance, waivers, liability limits) Drafting with Precedent Language and Documents (putting a document together from sample provisions) Tailoring Form Documents (revising a complex form document) Revising the Other Side's Completed Documents (qualifying language, limiting scope, inserting conditions) Negotiating Contract Provisions (preparation, advancing the client's interests without killing the deal) Closing the Deal (closing agendas, verifying signature authority) Dealing with Ethical Issues in Contract Drafting (revisions to signed documents, unenforceable provisions, notarization after the fact) Drafting a Contract Amendment (sample form for amendments) Using Computers to Draft Contracts (document assembly programs, on line execution, artificial intelligence) Drafting Contracts also contains numerous sample contract provisions, as well as helpful charts and checklists, and exercises and sample answers on drafting a contract from scratch and tailoring and revising a complex form agreement. Drafting Contracts - An Introduction to Transactional Practice by Ben L. Fernandez is an essential guide for any law student or novice attorney interested in contract drafting and transactional practice.

An eagerly anticipated second edition of this established and highly regarded text teaches the key practice skill of contract drafting, with emphasis on how to incorporate the business deal into the contract and add value to the client's deal. Features: More exercises throughout the book, incorporating More precedents for use in exercises Exercises designed to teach students how to read and analyze a contract progressively more difficult and sophisticated New, multi-draft exercises involving a variety of business contracts New and refreshed examples, including Examples of well-drafted boilerplate provisions More detailed examples of proper way to use shall Multiple well-drafted contracts with annotations Revised Aircraft Purchase Agreement exercise to focus on key issues, along with precedents on how to draft the action sections and the endgame sections. Expanded explanations of endgame provisions, along with examples and new exercises

The focus of this manual is not what provisions to include in a given contract, but instead how to express those provisions in prose that is free ofthe problems that often afflict contracts.