There is a misconception that legal writing and legal drafting are the same but there is a substantial difference between the two. While legal writing typically deals with persuasive documents such as court briefs and legal letters, legal drafting involves creating documents such as contracts. They are both equally important in legal practice.

Legal writing is an important skill needed in every practice area of law. Words are used to advocate, inform, persuade and instruct.  Are you giving the right impression? Are your clients receiving the right message?

This course focuses on clear legal writing for a global audience. Effective communication with English speaking lawyers is about more than simply words. It entails understanding the unique way these speakers think and approach the legal, political, and business world.

Did you know that most international commercial agreements are drafted in English, irrespective of the nationality of the contracting parties? Drafting contract skills is ideal for lawyers working in English as a foreign language who needs to draft, explain or interpret contract clauses written in English. During the course, delegates will look at a wide variety of commercial agreements through to practical drafting sessions. This course will help participants to draft confidently and effectively in English regardless of the governing law.

This is a practical course with many exercises and examples in order to achieve an interactive and stimulating outcome. The course’s activities involve the production of typical work-place legal documents.

Course Methodology

The course consists of group discussions as well as individual and team tasks. There will be writing practice throughout the exercises.

Course Objectives

By the end of the course, participants will be able to:

Target Audience

This course is for lawyers, legal secretaries, commercial managers, contract managers, and anyone who must draft, amend or update contracts, legal letters and legal opinion. The course is suitable for non-native English speakers looking for a better understanding of English legal terms.

Target Competencies

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This is a Practical Interactive 2 Weeks Training Programme Designed to Develop Your Skills to Draft Clear and Concise Commercial Agreements.

This Comprehensive Two-Part Programme Focuses on Delivering Practical and Applied Training of the Key Drafting Skills. Draft clear and concise commercial agreements that meet the challenges of today’s commercial environment

This comprehensive two-part programme focuses on delivering practical and applied training of the key drafting skills needed to create transparent and direct contracts that deliver on a legal and commercial level.

Objectives
Be introduced to the drafting process including the figures & formula and the execution formalities
Get an overview of how forming a contract including creating a binding and enforceable agreement
Have explained to them the limitation and exclusion of damages
Be taught about how drafting warranties and indemnities
Have an overview of the termination and force majeure
Be taught about the boilerplate clauses

Who should attend

In-house legal counsel
Private practice lawyers
Contract managers
Legal advisors and consultants
Commercial Directors
Legal support
Finance directors and financial controllers
Managing directors
Business development managers

Summary
This intensive Drafting Commercial Contracts course will take the participant through the key steps in drafting successful commercial contracts to minimize legal and commercial risk in contracts. Most disputes are about the interpretation of a contract term. Disputes can be expensive, damage commercial relations and take up valuable management time, this course is designed to avoid potential disputes.

You will be taken through the structure of a contract, then the drafting process by introducing you to a framework that will be easy to adopt from the course onwards; also, how to analyze the meaning and impact of yours and counter party’s contract clauses.

You will be taken through the steps of what is needed to have a binding enforceable contract, and the way in which terms are categorized, such as express and implied terms, that is those terms that the law says are a part of the contract even though you did not insert them.

Sharing draft clauses and pointers to drafting you will be taken through critical and significant clauses that form a part of all commercial contracts, including the limitation and exclusion of damages, the regularly misunderstood and wrongly drafted warranties, and indemnities. Unless they are drafted carefully to certain rules they may not provide the remedies you think they do.

The Drafting Commercial Contracts course will look at commonly used terminology such as ‘Best Endeavours’ and ‘Reasonable Endeavours’ the duty they create and how to bring a contract to an end – the different options in your control and those beyond your control such as Force Majeure and Frustration.

Participants will be taken through key boilerplate terms with sample clauses and pointers to drafting to ensure that contracts are effectively performed and that rights and obligations are clear and effective to pre-empt disputes and minimize risk.

Throughout the course, the group will practice the drafting of clauses with feedback and coaching by the facilitator.

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