Contract and Negotiation Masterclass: M1 - Legal English: Contract Drafting and Negotiating Masterclass
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Description
Course overview 'Legal English: Contract Drafting and Negotiating Masterclass' is designed to identify common drafting errors, improve their writing and drafting skills and learn advanced negotiation skills in English. Improve legal writing and contract drafting skills Learn how to avoid common drafting pitfalls Develop an effective communication style Understand the structure and terms that are common to contracts in English Learn advanced negotiation skills (for commercial matters and dispute resolution) in English Summary of Course Content Writing legal opinions, correspondence memoranda and email Drafting pre-contractual documentation Drafting general contractual terms and specific claus…Frequently asked questions
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Day 1: Legal writing and contract drafting skills Structure and style of legal writing Legal letters, emails, memoranda and opinions Components of legal communications Plain English Content organisation Effective language style Paper advocacy Understanding contract purpose and form Various forms and their aim Purpose - general and specific Terms Preliminary agreement forms Memorandum of understanding Letter of intent Term sheet Authority to proceed Scope of work NDA/Confidentiality agreement Subject to contract Structure and format of agreements Parties Recitals Interpretation General terms Commercial terms Warranties, representations and undertakings Boilerplate Taxation liabilities Industry specific terms Intellectual property and third party rights Schedules Execution General drafting pitfalls Time Vagueness Verbosity Weak grammar One idea, one clause Jargon and legalese Active vs. Passive voice Schedules and annexures Punctuation Precedents Checklist and procedures for drafting Style guides and best contract style Instruction sheets Checklist for drafting agreement Checklist for drafting individual clauses Deal sheet Draft control Standard terms and battle of the forms Dealing with multiple drafts Common terms and phrases “Best or reasonable endeavours” Joint and several “Time is of the Essence” Warranties Indemnities and limitation of liability clauses Termination clauses “Subject to contract” Day 2: The art of negotiating Negotiating skills, styles and tactics Basis of good negotiation - 3 A’s Attributes of a good negotiator Key skills in a negotiation Identify your style Versatility of style Tactical mannerisms Tactical devices Preparing to negotiate Team selection and role allocation Use of facilitator Fact finding and key issue identification Playing devil’s advocate Entry and exit positions Models of negotiation Positional Distributive Integrative Principled Negotiation process Opening Bargaining Closing in agreement By email Settlement and evidencing compromise Troubleshooting Inequality of bargaining power Dealing with hostile parties Recognising the tricks people play How to kick-start a stalled negotiation Dealing with walkouts
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