This course focuses on advanced contract negotiation and drafting techniques for lawyers. It covers different approaches to negotiation, including the scorched earth approach and the conciliatory approach. participants will learn the importance of managing multi-party negotiations effectively, using tools such as bulletproof agendas, contract management software, and the red line process.
The course also provides practical tips for pushing negotiations forward when they fail, such as identifying core points of disagreement, renegotiating commercial aspects or legal issues, and considering separate contracts.
Additionally, participants will learn proactive approaches for anticipating counterparty responses, such as settling sticking points in advance with a memorandum of understanding or letter of intent, conducting introductory calls, and reviewing historical data.
The course also covers common mistakes in contract negotiations, such as ambiguities and unclear provisions, and how to avoid and correct them. It also provides drafting techniques for advanced contracts, including clear and unambiguous language, negotiating risk through identification, limitations of liability, or insurance provisions, and carefully reviewing key provisions such as indemnity and insurance provisions, governing law and venue provisions, boilerplate language, commercial aspects, and reps and warranties.
By the end of this course, participants will be able to negotiate and draft contracts more effectively and efficiently, avoid costly mistakes, and ensure that their clients' interests are protected.
Some of the topics discussed include:
1: The Scorched Earth vs. Conciliatory Approach in Negotiation
2: Effective Approaches for Lawyers in Multi-Party Negotiations
3: Tips for Pushing Forward When Negotiations Fail
4: Proactive Approaches for Anticipating Counterparty Responses
5: Common Mistakes in Contract Negotiations and How to Avoid and Correct Them
6: Drafting Techniques for Advanced Contracts
7: Key Provisions to Consider When Reviewing Business Contracts at a High Level
8: The Impact of Artificial Intelligence on the Legal Profession.