Mastering the art of Drafting to Win: Contract Tips from a Litigation Pro

Overview: 

This presentation provides a comprehensive guide on how to effectively manage and resolve contract disputes. The presentation emphasizes the importance of preventive measures, such as thoroughly researching the other party and clearly defining key contract provisions like work product, acceptance, payment terms, and dispute resolution mechanisms.  It also highlights the necessity of documenting deviations and managing changes effectively to avoid misunderstandings and disputes.

When disputes arise, the presentation advises contacting litigation counsel early, keeping detailed records, and implementing a litigation hold to preserve relevant documents. It outlines various dispute resolution options, including arbitration, litigation, and mediation, and stresses the importance of early case assessment to establish a case management strategy. The presentation also covers potential claims and defenses, such as breach of contract, breach of warranty, and misrepresentation, and provides tips for improving the chances of success in litigation.

Overall, the presentation serves as a valuable resource for legal professionals, offering practical advice and best practices for drafting contracts, managing changes, and resolving disputes effectively.

Course Objective: 

• Preventive Measures: Emphasizes the importance of addressing key issues in the contract, such as defining work product, acceptance, payment terms, and dispute resolution mechanisms.
• Effective Contract Drafting: Provides guidance on drafting clear and specific contract provisions to avoid misunderstandings and disputes.
• Change Management: Highlights the necessity of documenting deviations and managing changes effectively to maintain clarity and avoid disputes.
• Dispute Resolution: Outlines various dispute resolution options, including arbitration, litigation, and mediation, and stresses the importance of early case assessment.
• Litigation Preparedness: Advises on contacting litigation counsel early, keeping detailed records, and implementing a litigation hold to preserve relevant documents.
• Claims and Defenses: Covers potential claims and defenses, such as breach of contract, breach of warranty, and misrepresentation, and provides tips for improving the chances of success in litigation.

These objectives collectively aim to improve the chances of success in litigation, increase the ability to defend claims, and enhance the ability to pursue affirmative claims, including the collection of past due invoices.

Target Audience: 

• In-house Counsel
• contract Review Teams

Basic Knowledge: 

no prior knowledge required