Drafting Business Contracts: Advice From Litigators to Prevent Ambiguity

Description

The divide that exists between transactional attorneys that negotiate and draft agreements and litigation counsel that seeks to enforce those same contracts (or defend against improper enforcement) has always been a false narrative. Thoughtful counsel drafting an agreement can and should take into consideration the elements of prosecuting or defending a claim when drafting each clause.

With a willingness to keep an open mind and a chance to take a different view on contract drafting, our expert panel of litigators will provide tips and recommendations for contract drafting for the other side of the legal house. Understanding that simple and limited language may best suit a particular purpose and that the client itself may provide the best description of what the agreement seeks to achieve, counsel can prepare to create better and smarter contracts.

Litigators also can help advise on those issues that crop up and cost clients money when agreements move to the courts. Knowing how to advise clients and amend clauses related to force majeure, forum selection, choice of law, arbitration, waiver of jury trials, fee-shifting, and indemnification and limitation of liability, transactional counsel can limit the potential scope of litigation.

Listen as our authoritative panel provides practical tips and real-life examples of simplifying contracts to meet the needs of clients while providing a solid foundation to litigate upon if and when the need arises.