How to learn contract drafting?

To acquire the skill of contract drafting, it is essential to study well-written contracts. When you are drafting a legal document, it's essential to focus on using effective drafting techniques, ensuring clarity in provisions, and using precise language to make the document easy to understand and interpret.

What is contract drafting and negotiation?

Contract drafting and negotiation has become an irreplaceable skill that lawyers need to master. Whether you want to work as a litigating lawyer, corporate lawyer, in-house counsel, or in any other field of law, you should be able to clearly draft and negotiate your agreements.

Is contract drafting a skill?

The language of contracts is unique and contract drafting skill is distinct from the variety of other skills a successful attorney must employ. Works on contract drafting by Ken Adams and others have made it easier to sharpen one's awareness and ability.

Is drafting a good career?

Drafting and Design Is A Good Career Choice For Anyone Who Likes Design. Drafting professionals enjoy designing parts, homes, finished products, businesses, civil construction projects, and much more. They typically design things from other people's sketches, plans, or notes.

Is it stressful to work as a Drafter?

Drafters may experience stress due to tight deadlines, complex project requirements, and the need for precision.

Who will be your potential clients / employers?

Following are your potential employers- Big Global Players, Ambitious Startups, Glam World, Arbitration and Cross-Border Transactions

For whom is this Course suitable?

This course will, therefore, best suit legal professionals, contract managers, business executives, entrepreneurs, procurement managers, supply chain managers, project managers, team leaders, compliance officers, and risk management professionals.

What are the skills that one will attain from the course?

The course will, therefore, expose participants to the law of contract, efficient negotiation techniques, the accurate draftsmanship of contracts, mechanisms for enforcement, risk identification and mitigation, and the legal remedies in case of breach.

How will this course help me in my job?

The course enables you with the basic skills in contract management, making you more competitive in the job market. This could lead to opportunities not only within the legal area but also business development, procurement, compliance, and risk management.

How does this help me if I am working in any particular industry?

Yes, these skills are relevant and can be applied to many industries such as Legal Services, Business Consulting, Manufacturing, Real Estate, Government, and Health Care to Technology Industries.

Contract Negotiation, Drafting and Enforcement Course

Module 1: Theories of Contract Law
- What is a Contract?
- Difference between Contract and Agreement
- Importance of a Written Contract
- Introduction to Contract Drafting
- Essential Features of a Well Drafted Contract
Module 2: Elements of a Valid Contract
- Components of a Contract
- Consideration
- Damages for Default
- Pre-Contractual Agreements
- Memorandum of Understanding
- Drafting of Agreements
- Definition Clause, Disadvantages of using a Template
- Primary Focus of a Draftsperson
- Effective Date of a Contract
- Identification of Parties Clause and Recitals Clause
- Territory of Operation
- Operative Clauses
Module 3: Examining various types of negotiation to understand your power and influence capabilities
- Position bargaining
- Cooperative bargaining
- Constructive negotiation
- “Getting to Yes”: Principled negotiation
- Separate the people from the problem
- Focus on interests, not positions
- Invent options for mutual gain
- Insist on using objective criteria
- Examples of how these techniques are used in practice
- Discover the skills of a strong negotiator
- Integrity and reputation
- Communication skills and persuasion
- Frame of mind and creativity
- Consider how this could be adapted to your situation
- Tactics and tricks to fast-track your journey and improve your confidence
- Helpful tips and negotiating tactics
- Miscommunication issues that often arise, how to foresee and address them
- Dirty tricks and how to combat them
- Proceeding to agreement – your role as a contract manager
- Understanding your role as a contract manager in the negotiation process
- Closing the negotiation
- Documenting the agreement
Module 4: The role of contracts in the commercial environment
- The purpose of contracts in business
- Why are they there?
- Why are they so important?
- What would happen if there wasn’t a contract?
- Examples of effective and ineffective contracts
- Review the definition of a legal agreement
- Representations
Module 5: Principles of contractual interpretation
- Why clarity and precision in drafting is paramount
- Structure and formatting of commercial documents
- Examples of clauses that are clear and in plain English
- Nature of the contract
- Subject of the contract
- Pricing mechanism
- Relationship between the parties
Module 6: Contract strategy and planning
- Determining your contracting strategy
- Appreciate the importance of getting the design accurate
- Ensure the contract is designed to support any ongoing issues that may impact during the term such as default, termination and disputes
- Foresee the active management of the principal-contractor relationships when varying aspects like price, deliverables, extensions
- Understand the use and amendment of standard form contracts
- Assessing and amending standards – how they can be adapted to suit your goals
- Techniques in adapting and modifying existing clauses
- When and how to start from scratch
- Parties to the contract
- Principal, contractors, sub-contractors etc
- JV and partnering structures
- Legal entities
- Privity of contract
Module 7: Payment & performance criteria
- Developing a contract scope – understanding the big picture and key criteria to be included
- Performance provisions
- Consider operational factors and performance risks
- Payment provisions
- Risk, liability & insurance
- Contractual risk allocation
- Warranties, indemnities, exclusions
- Consequential loss and contribution
- Insurance
Module 8: Default, termination & disputes
- Default
- Termination
- Disputes
- General provisions
- Interpretative provisions and jurisdiction
- Administrative provisions
- Ownership and intellectual property

Know the complete offerings of our Contract Negotiation, Drafting and Enforcement Course