Contract Drafting: What the best lawyers know

Lenné Eidson Espenschied
Lenné Eidson Espenschied | Next Level Contracts

Lenné 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.

Re-Broadcast: December 20, 2021

Contract Drafting: What the best lawyers know
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Program Summary

When a lawyer reviews or drafts a contract, he or she may be unsure what a particular provision means, how it impacts the client, or how to revise it. One of the drafter’s primary responsibilities in drafting a contract is to ensure that the client accepts an appropriate degree of risk for the circumstances. The purpose of this program is to explain what the best transactional lawyers know about risk and liability-shifting provisions.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

  • Five things every contract drafter should understand about risk
  • How to determine the appropriate degree of risk in a contract
  • How to assess risk in the template you’re marking up
  • How to shift risk from one party to the other
  • Six kinds of indemnification
  • Seven negotiable variables in indemnification
  • How to draft effective scope, limitation of liability, liquidated damages, and indemnification provisions

Date/Time: December 20, 2021

  • 1:00 pm – 4:20 pm Eastern
  • 12:00 pm – 3:20 pm Central
  • 11:00 am – 2:20 pm Mountain
  • 10:00 am – 1:20 pm Pacific

Choose a format:

Live Video Broadcast/Re-Broadcast: Watch Program "live" in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for "live" CLE credit.

On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 5 business days after the original recording date and are view-able for up to one year.

Closed-captioning available

Speakers

Lenné Eidson Espenschied_Next Level Contracts_myLawCLELenné Eidson Espenschied | Next Level Contracts

Lenné 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 (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 corporate practice with a large, national law firm; she also served as Senior Counsel in the legal department of Bank of America before eventually opening her own law office.

As a law school professor, Ms. Espenschied taught commercial law, contracts, and contract drafting; she is a contributing faculty member at West Legal Ed. She speaks nationally at continuing legal education seminars and provides private training at law firms and corporate legal departments. Her passion is helping lawyers acquire the skills they need to be more successful in transactional practice.

Agenda

I. Seven simple steps for analyzing any complicated contractual provision | 1:00-1:22
II. Five things every contract drafter should understand about risk | 1:22-1:44
III. How to determine the appropriate degree of risk in a contract | 1:44-2:00

IV. Break | 2:00-2:10

V. How to assess risk in the template you’re marking up | 2:10-2:35
VI. How to shift risk from one party to the other | 2:35-2:57
VII. Six kinds of indemnification | 2:57-3:10

VIII.Break | 3:10-3:20

IX. Seven negotiable variables in indemnification | 3:20-3:45
X. How to draft effective scope, limitation of liability, liquidated damages, and indemnification provisions | 3:45-4:20