[NEWS] Negotiating and Drafting Contract Boilerplate by Tina Stark…Contract Drafting Resources. In fourteen lessons, Contract Drafting by Lenne Eidson Espenschied serves as a complete how-to guide for lawyers new to transactional practice or for more experienced lawyers looking to reinforce their skills. This clearly written guide explains how the drafting process works; how transactional lawyers work from prior documents to produce effective and complete legal documents that protect the client's interests. Drafting Contracts by Tina L. Stark ISBN: 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.
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Drafting Contracts in General
Steven Sholk, that bloodhound, let me know about an article in the current issue of the Journal of Legal Education. Go here for a PDF copy. This article briefly surveys the ever-expanding literature on business and finance with the goal of helping you discover those books that best provide an awareness and familiarity with those aspects of the business world most relevant to your future or current practice. The article is in five parts. I omitted the citations. The numbers in brackets refer to my annotations, which follow the extract. In terms of contract drafting, I am sad to report that there is nothing on the market that is remotely equivalent in quality or general relevance to the literature on negotiation.
Traditionally, lawyers use the term "boilerplate" to refer to the standardized, "one size fits all" provisions that generally appear at the end of a contract, including choice of law, notice, arbitration, force majeure and assignments. Lawyers often take these provisions for granted, forgetting that significant business and legal issues lurk within them. Costly problems arise when drafters are unaware of the latest cases or fail to reconsider when an off-the-rack provision actually meets the needs of the transaction. Negotiating and Drafting Contract Boilerplate educates lawyers and business professionals about the underlying rationale and importance of boilerplate language. Each chapter tackles a different contractual provision, over 20 in all, and analyzes why it is important, what the key legal and business issues are, what is negotiable and what is not, and how best to draft the provision to suit a particular transaction. This remarkable book will give you a competitive edge—and a new understanding and appreciation of language you've seen countless times.