Avoiding Bad Contract Drafting: Looking at the Big Picture, Including Structure, Language, Definitions, Terms, Consistency, and Boilerplate
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide a refreshing and entertaining approach to contract drafting by exploring what not to do and the reasons not to do it. The program will review the evolution of contract drafting and why strategies that worked in the past may be less suitable now.
Outline
While exploring 28 common drafting mistakes, our expert will discuss:
- How we got here (the old contract drafting model)
- What has changed and why our drafting must change
- The many problems ambiguity causes and how to avoid ambiguity
- Contract structure
- Definitions
- Representations
- Material terms
- "Boilerplate" and the reasons for the "boilerplate" provisions some lawyers take for granted
- Merger clauses
- Dispute resolution
- Non-Assignment
- Severability
- Modification
- Governing law
- Waiver
- Indemnity
- Force majeure
- And many other common boilerplate provisions
- The benefits of Plain English
Benefits
This webinar will benefit lawyers that draft contracts by providing them with a better understanding of how to prevent disputes and how to put their clients in the best possible position if a dispute is unavoidable.
- Learn the types of ambiguities and how and why to avoid ambiguity
- Make contracts easier to understand and reduce the likelihood of disputes
- Gain practical tips from an experienced litigator on how drafting can prevent litigation and maximize the odds of success if litigation cannot be avoided
- The materials include many useful sample boilerplate clauses in Plain English
- A comprehrensive drafting checklist
Faculty

Mark Cohen, J.D., LL.M.
Attorney
Mr. Cohen has 36 years of experience as a lawyer. His practice focuses on drafting and reviewing legal documents,... | Read More
Mr. Cohen has 36 years of experience as a lawyer. His practice focuses on drafting and reviewing legal documents, advising on and facilitating transactions, helping clients and lawyers improve their documents, and teaching innovative CLE classes. Mr. Cohen’s diverse legal career includes service as an Air Force Judge Advocate, service as a Special Assistant U.S. Attorney, seven years as a prosecutor, over 10 years as a municipal judge, and private practice. He served as the Chairperson of the Editorial Board of The Colorado Lawyer and taught advanced legal writing at the University of Arkansas School of Law. Mr. Cohen wrote six articles for the Am.Jur. Proof of Facts series, including the leading article on piercing the corporate veil. He is the founder of The Plain English Institute.
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