Drafting Business Contracts: Advice From Litigators to Prevent Ambiguity

Force Majeure, Forum, Choice of Law, Arbitration, Waiver of Jury Trials, Fee Shifting, Indemnity, and Limitation of Liability

Recording of a 90-minute CLE webinar with Q&A

Conducted on Thursday, August 13, 2020

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course will provide guidance and best practices to transactional attorneys from a litigation perspective that assists contract attorneys in spotting the common traps, critical clauses, and largest landmines that lead to defense or offense issues when presented in court. The expert panel will introduce tips for addressing these problem areas and creating the best defense or offense for a client's contracts.


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.



  1. Typical provisions with litigation issues
    1. Force majeure
    2. Choice of forum and choice of law provisions
    3. Arbitration
    4. Waiver of jury trials
    5. Fee shifting
    6. Indemnity and limitation of liability
  2. Practical tips and best practices


The panel will review these and other key issues:

  • When should a contract be simplified?
  • How can counsel coordinate with a client to clarify an agreement?
  • What types of provisions trip up litigators most often in court?


Parker, Cash
Cash K. Parker

Hall & Evans

Mr. Parker's diverse practice encompasses transportation, hospitality/facilities management, insurance/commercial...  |  Read More

Westbrook, Nicole
Nicole A. Westbrook

Jones & Keller

Ms. Westbrook has 12+ years of litigating business matters and achieving outcomes that improve her clients’...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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