23 Mistakes Experienced Drafters USUALLY Make Out of Stock
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December 2019
23 Mistakes Experienced Drafters USUALLY Make
Highlights:
- Learn highly practical techniques that will take your contract drafting skills to the next level
- Identify 23 mistakes usually found in all kinds of transactions
- Discuss 8 Colorado Rules of Professional Conduct that directly apply to transactional work
Program Description:
This seminar explains 23 typical stylistic and substantive drafting errors usually found in all kinds of transactions, including mergers and acquisitions, contracts for the sale of goods and services, licenses, real estate contracts, settlement agreements, employment and consulting agreements, partnership agreements, and much more. , Using examples drawn from a 2017 high-profile merger agreement, novice and experienced drafters will learn highly practical techniques to advance their contract drafting skills to the next level.
Brand New Substantive Content On:
- The seven components of a basic indemnification provision
- How to use these components to negotiate the best deal for your client even when the bargaining leverage is less than optimal
- Negotiating strategies for key merger concepts, like thresholds, baskets, materiality scrapes, and indemnification caps; and
- Recent Delaware cases on the effect of corporate seals.
Discussion of 8 Colorado Rules of Professional Conduct for transactional practice:
- Rule 1.1 - Competence
- Rule 1.2 - Scope of Representation
- Rule 1.4 - Communication
- Rule 1.6 - Confidentiality of Information
- Rule 4.1 - Truthfulness in Statements to Others
- Rule 4.2 - Communication with Persons Represented by Counsel
- Rule 4.4 - Respect for Rights of Third Persons
- Rule 5.3 - Responsibilities Regarding Nonlawyer Assistants
Meet the Presenter:
Lenné Eidson Espenschied, JD, practiced law in Atlanta, Georgia, for 25 years, focusing on corporate and transactional representation of technology-based businesses. Now, she is a national speaker who has trained thousands of lawyers in the U.S. and Canada in the art of contract drafting through continuing legal education seminars for bar associations, law firms, and corporate legal departments. 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). She is a contributing faculty member at Thomson/Reuter’s West Legal Ed Center.
After graduating from the University of Georgia School of Law magna cum laude, Ms. Espenschied began her legal practice at the Atlanta office of 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.
Agenda:
8:30 – 9:00 am
Registration and Breakfast
9:00 – 10:30 am
23 Mistakes: typical stylistic and substantive drafting errors found I all kinds of transactions
10:30 – 10:45
Networking Break
10:45 am – 12:15 pm
23 Mistakes Continued
12:15 – 1:15 pm
Lunch on Your Own
1:15 – 2:45 pm
7 Components of Basic Indemnification Provisions:
- How to use these components to negotiate the best deal for your client
- C.R.P.C. 1.1, 1.2, 1.4, 1.6, 4.1, 4.2, 4.4 and 5.3
2:45 – 3:00 pm
Networking Break
3:00 – 4:30 pm 1.2 Ethics Credits
Merger Concepts; Ethics for Transactional Lawyers: Negotiating strategies for key merger concepts
4:30 pm
Adjourn
- CLE Pass Price *FREE! - exclusions may apply
- Standard Price $489.00 USD
- Member Price $389.00 USD
- General Credits 7.00
- Ethics Credits 1.20
- EDI Credits