Drafting Business Contracts: Guiding Business Clients to Better Outcomes CLE

October 21, 2021

Nicole Westbrook and Cash Parker share strategies for drafting documents from a litigation perspective in CLE on-demand at LawPracticeCLE.

Every attorney drafting contracts does so with an eye toward reducing potential litigation. There is an art to doing so, where experience matters. Learn the tips and tricks for drafting contracts that will stand up in court and avoid common traps in this session presented by litigators Nicole Westbrook, Esq., Jones & Keller, and Cash Parker, Esq. Hall & Evans LLC. They will discuss why simplicity matters, critical clauses to nail down and how to guide business clients from draft to contract signature, and when necessary, litigation. They will also cover selecting the best forum, managing force majeure, the pros and cons of fee shifting, and how to manage limitation of liability clauses.

 

Principles

• Simplifying contracts without undermining case in court
• Common provisions that lead to litigation
• Strategic tips and best practices
• Coordinating with and managing clients from draft to final

Syllabus

1. Common Provisions with Potential Litigation Undertones
   • • Managing Force Majeure
     • Choice of Forum and Choice of Law Provisions
     • Waiving Jury Trials
     • Fee Shifting
     • Indemnity & Limitation of Liability
2. Strategic Tips & Best Practices for Drafting Contracts
   1. • Less is more, simple and clear is better
      • Involve the client
      • Consider overlapping or interlocking agreements
      • Legality of provisions
      • Weighing arbitration vs. bench trials
      • Managing mandatory arbitration clauses
      • Preserving confidentiality
      • Indemnity vs. fee shifting
      • Managing limitation of liability
      • Case studies

Instructors

Nicole A. Westbrook Esq.

Cash K. Parker, Esq.