Writing and Drafting

Course Overview: This highly interactive course is designed to give today's lawyer the drafting and writing techniques needed to operate effectively in today's competitive markets. It examines in detail competent writing in all forms of business communication and at all stages of drafting, negotiating and enforcing contracts. Participants will learn powerful techniques for making legal writing clearer and more persuasive, to communicate efficiently and get a good outcome for their company. This course presents many opportunities to put these techniques into practice, to ensure you leave the course confident in your new skills. Who should attend these courses: Chief executive officers Managing directors In-house counsel Legal advisors and consultants Business development managers Project financiers Finance directors and financial controllers Marketing and sales directors and managers Trade and export finance managers Contract managers Writing and Drafting Masterclass Writing letters, fax and email, legal opinions and internal memos Persuasive writing that gets results Writing when a dispute arises Drafting pre-contract documents Drafting contracts – the preliminary stages and first draft Drafting contracts: reading, interpreting and amending the received draft Drafting clauses * Cannot be used in conjunction with any other offer
Day 1 Writing letters, fax and email, legal opinions and internal memos What is the etiquette? Salutations Who is your reader? Common errors of grammar Abbreviations and punctuation marks Repetition, old-fashioned phrases, slang Gender-neutral writing Practical exercises: Delegates will review and improve draft emails and advice. Effective writing Effective sentence writing and use of phrases Headings Tabulation and paragraphs Practical exercises: Delegates will review and improve draft emails and advice. Persuasive writing that gets results We review the most effective techniques when writing to persuade, whether in a report, recommendation, formal complaint, request for action or a written offer. We will consider the effect of tone and formality. Practical exercise: Delegates will draft a request for action. We will then review and discuss points arising from the drafts. Writing when a dispute arises We review the law surrounding documents produced after a dispute arises, including "Without prejudice" and "without prejudice save as to costs" Apologies Reserving your rights Privilege and duties to preserve and disclose documents Meeting and extending time limits Practical exercise: Delegates will review and improve a draft offer to settle a dispute. Day 2 Drafting pre-contract documents "Subject to contract" Confidentiality agreements Memorandum of agreement Heads of terms Letters of intent/authority to proceed Drafting contracts – the preliminary stages and first draft What is the transaction – the global view What are your instructions? Clear and precise drafting Correct use of legal terms Avoiding legalese "Shall" and "will" Drafting time limits Numbering and paragraphs Interpretation principles Style guide, i.e. a document which sets out the company policy on fonts, contract style, etc Use of precedents and structure of the document Practical exercises: Delegates will write a first draft of a short agreement. Drafting contracts: reading, interpreting and amending the received draft Ensuring negotiated points are included in the agreement Drafting amendments Reading, interpreting and simplifying complex clauses Effective communication of the issues Upward reporting Practical exercises: Delegates will review a set of terms, identify changes needed and draft their suggested changes. Drafting clauses Drafting clauses Different methods of drafting indemnity, limitation of liability and warranty clauses Legal terms such as "best endeavours", "time is of the essence", "indirect loss" Practical exercises: We review a contract and redraft various clauses. Each delegate will then have a private 10 minute session with the course director to discuss issues arising. We will review several clauses so the delegates need to pre-read these clauses for the course. 5% DISCOUNT APPLIES WHEN DELEGATES BOOK ON CONTRACT LAW