Overview:
We discuss the key considerations when drafting a contract to maximize your chance of recover in the event of litigation, This course provides practical, experience-based guidance on drafting contracts that stand up under legal scrutiny. Taught by an experienced litigator, it focuses on the key elements that influence outcomes in court, such as clarity of language, allocation of risk, enforceability, and dispute resolution clauses. Participants will learn how to identify common drafting pitfalls and structure agreements to maximize their chances of success and recovery in the event of litigation. Ideal for lawyers, in-house counsel, contract managers, and professionals involved in negotiating or drafting contracts.
Course Objective:
Learn how to draft better contracts and win in the event they get litigated
By the end of this course, participants will be able to:
- Draft Clearer, Stronger Contracts
- Apply litigation-informed principles to avoid ambiguity, gaps, and unenforceable terms.
- Use precise language to clearly define obligations, rights, and remedies.
- Anticipate and Mitigate Legal Risks
- Identify high-risk clauses and restructure them to reduce exposure.
- Understand how courts interpret various types of provisions (e.g. indemnities, limitations of liability, termination rights).
- Strengthen Litigation Readiness
- Draft with potential disputes in mind to ensure enforceability and evidentiary value.
- Learn how to structure contracts to support your position in court or arbitration.
- Incorporate Effective Dispute Resolution Mechanisms
- Compare litigation vs. arbitration and choose the most suitable forum.
- Draft enforceable dispute resolution and jurisdiction clauses.
- Avoid Common Drafting Pitfalls
- Recognize drafting errors that frequently lead to litigation or weaken your case.
- Gain insights from real-world case studies and litigation outcomes.
- Balance Legal Precision with Commercial Practicality
- Draft contracts that are both legally sound and aligned with business goals.
- Communicate risks and contract strategies effectively with non-lawyers and stakeholders.
Target Audience:
- In-house counsel
- contract review teams
- Lawyers and Legal Advisors
- Contract Managers and Administrators
- Paralegals and Legal Support Staff
- Business Owners and Executives
- Procurement and Sales Professionals
Basic Knowledge:
no prior knowledge required