Training on How To Write Effective Legal Documents and Commercial Contracts

Properly written legal papers, whether they are advice, correspondence, contracts, or other written materials, result in more successful outcomes: better performing contractors, more satisfied internal and external customers, lower risks, and smaller liabilities.

This training on how to write effective legal documents and commercial contracts training course will help in-house and external lawyers develop their skills, transforming them into remarkably effective written communicators.

It will emphasize the importance of effective English legal writing and teach participants how to write well-structured and useful advisory and contractual documents.

This training course will include:

• How to make your legal writing effective
• How to use appropriate legal language
• Tips to follow and traps to avoid in legal writing
• How to structure your legal memorandum in the most effective way
• How to adjust your writing style to adapt to the reader audience
• How to use appropriate language in a contract
• What to look for to identify and avoid typical risks in contract clauses
• When to consider using standard templates and model form contracts
• How to draft concisely and without ambiguity
• How to structure the contract to create a logical flow
• Using checklists to identify gaps in the contract document
• How to work with the draft contracts supplied by the opposing party

Training Objectives

• Better understand the needs of their internal and external clients
• Create more effective legal documents in English
• Draft appropriate terms and conditions for a range of commercial activities
• Identify the key terms and conditions that they should include in a contract
• Identify unacceptably risky terms and conditions in the proposed contracts of partners, contractors, vendors or other parties
• Improve the clarity and usefulness of their legal writing
• Propose alternative draft wording to protect their client’s commercial interests, when negotiating with others
• Select appropriate English language for the legal tasks they face
• Structure a standard commercial contract
• Structure their documents using best writing practices
• Use model contracts and templates as a basis for their own work

Who Can Attend?

• Corporate and Commercial In-House or External Lawyers / Advisers
• Commercial Contracts Professionals who assist the procurement teams in purchasing activities
• Members of the procurement team who manage supplier contracts and have to apply the terms of commercial agreements
• Any other staff member who assists or is involved in preparing legal documentation

Course Content

Day 1 : Principles of Effective Legal Writing

• Introduction, objectives and scope of the workshop
• What is effective legal writing?
• Techniques to write clearly
• Structuring your legal analysis
• Choosing appropriate legal language while avoiding ‘legalese’
• Effective editing of a legal document
• Applying the principles to letters, emails and general correspondence
• Drafting exercises

Day 2 : Best Practices in Drafting a Legal Memorandum

• Choosing an appropriate heading
• Describing the background and purpose of the memorandum
• Framing the legal issues
• Providing the short answer
• Statement of the facts
• Analysis of the issues and how the law applies
• Conclusions and recommendations in the memorandum
• Drafting Exercises

Day 3 : Principles of Contract Drafting

• Why contract drafting skills are important
• Complying with contract law essentials
• Using appropriate contract language
• Contract methodologies, including
• Bespoke written agreements
• Using general and special terms and conditions
• Using Purchase Orders with standard terms and conditions
• Framework agreements
• Deeds
• Letters of intent, Heads of terms and MoUs
• Working with model contracts and templates
• Drafting exercises

Day 4 : Preparing the Contract Draft

• Reflecting the purpose of the transaction
• Analysing and mapping out the contractual transaction process
• Structuring the contract draft
• Contents of the front and back of the contract
• Title
• Parties
• Recitals
• Dates
• Definitions
• Signatures
• Attachments, Exhibits and Schedules
• Using Boilerplate clauses, such as
• Governing law clause
• Dispute resolution process
• Contract variation mechanism
• Confidentiality obligations
• Assignment and sub-contracting
• Force Majeure
• Notices and communication clause
• Drafting exercises

Day 5 : Managing the Negotiated Draft Agreement

• Working with the other parties to the contract
• Analysing their contract clauses for hidden risks
• Negotiating the liability clauses
• Who bears the risk?
• Exclusion and limitation of liability
• Indemnity and insurance clauses
• Bonds and Guarantees
• Liquidated damages clauses and penalties
• Using clauses that impose obligations or grant powers or permissions, such as
• Inspection
• Default
• Termination
• Using the concept of “reasonableness”
• Payment and other financial terms
• Drafting exercises