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About Contract Drafting: Powerful Prose in Transactional Practice
The first book in the NEW ABA Fundamentals series, Contract Drafting: Powerful Prose in Transactional Practice presents an overview of the stages in the contract process and offers a comprehensive introduction to the substantive areas addressed in transactional documents. In fourteen lessons, readers will learn how to work from prior documents to produce effective and complete legal documents that protect the client's interests. The book also features techniques for avoiding ambiguity by making better word choices, crafting strong sentences, and eliminating contextual ambiguity, and includes exercises and example documents.
Contract Drafting is a practical guide that is straightforward and straight to the point, organized for ease of use and full of important tips and techniques.
Lenne' Eidson Espenschied practiced transactional law for almost 25 years and the book is rooted in her experience. This book is a realistic resource that can even be used to teach drafting skills to law students. Each of the 14 chapters contains about a week's worth of material, with allowances for classroom discussion of graded assignments and special research projects.
Teaching aides for this book including teaching notes, sample documents, drafting assignments, and grading rubrics are available to law school faculty at www.draftingpowerfulprose.com.
Table of Contents
Lesson 1 - Introduction to Legal Drafting Lesson 2 - Drafting in Transactional Practice Lesson 3 - Draft to Fit the Transaction Lesson 4 - Components of a Contract Lesson 5 - Understand the Transaction Lesson 6 - Avoid Ambiguity Lesson 7 - Focus on Word Selection Lesson 8 - Use Words Consistently Lesson 9 - Focus on Sentence Structure Lesson 10 - Identify Common Sources of Syntactic Ambiguity Lesson 11 - Start from a Winning Position Lesson 12 - Eliminate Contextual Ambiguity Lesson 13 - Consider These Issues Lesson 14 - Edit or Review Effectively
Appendix A: Traditional Form Contract Appendix B: Schedule Agreement Appendix C: Letter Agreement Appendix D: Suggested Answers to Exercises Glossary Index
What Others Are Saying...
"A terrific resource. The case studies are an especially effective training tool." -- Bruce Taten, Senior Vice President and General Counsel, Cooper Industries PLC
"I loved this book. It's a resource that is both practical and provocative and now has a place of honor on my desk! I have had several "aha!" moments when reading this book, and look forward to many more." -- Lizanne Thomas, Partner-in-Charge, Atlanta Jones Day
"[Contract Drafting] is practical, easy to read, and understandable. When these simple guidelines are followed, we can expect a better working document, even for the most complex transactions." -- Jane O. Salter, Chief Financial Officer, Global Tower Partners
"Finally someone has created a concise, easy-to-use hornbook for legal drafting instead of legal writing, and has paid attention to the needs of the client instead of the needs of the professional ego. ...an invaluable resource for those lawyers beginning their transactional practices." -- Don Manning, former General Counsel, Nextel
"This book is a unique combination of scholarly wisdom and practical advice. An excellent teaching aid for law school students as well as a training guide for beginning attorneys. Seasoned practitioners will also benefit from the drafting techniques described in this book, as the plain English movement is well underway." -- Elizabeth U. Fee, In-House Counsel for more than 25 years