Drafting Contracts: 27 Things Every Lawyer Should Know

A pre-recorded streaming VIDEO replay of the August 2024 webcast, Drafting Contracts: 27 Things Every Lawyer Should Know.

In this fast-paced program, you learn to avoid embarrassing mistakes from the beginning to the end of a contract, from how to avoid inadvertently drafting an illusory contract to what to include in a governing law provision. Learn the three types of ambiguity in contracts and which drafting mistakes are most likely to cause ambiguous contract litigation. Learn why you shouldn’t skip recitals and what should always be included in them; when to use representations and warranties and when they are inappropriate; how to prevent ambiguity when incorporating by reference; and so much more!

• Why it is necessary, but also efficient, to begin with a statement of agreement
• How to get more out of recitals (or better yet, a statement of purpose)
• How to avoid creating an illusory contract
• Chronic errors good lawyers make with definitions
• Phrases that strengthen the governing law provision
• When “and” means “and,” and when it may mean “or”
• How to avoid ambiguity when incorporating by reference
• When it’s WRONG to use representations and warranties

Lenné Eidson Espenschied / Saint Simons Island, GA

Lenné Eidson 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 (ABA Fundamentals, 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 legal practice at the firm now known as Eversheds Sutherland; she also served as Senior Counsel in the legal department of Bank of America before eventually opening her own law office. As a law professor, Ms. Espenschied taught commercial law, contracts, and contract drafting. Her passion is helping lawyers acquire the skills they need to be successful in transactional practice.