DESCRIPTION
35 SPIDERs: Short Powerful Inserts that Diminish or Elevate Risk in Contracts
One over-arching goal in drafting EVERY contract is to ensure that the risk allocation is appropriate, given your client’s objectives and relative benefits received in the transaction. In this program, you will learn about 35 short but powerful edits you can make to shift risk either off your client or onto the other party. We call these SPIDERs. Using authentic examples from a variety of provisions and different types of contracts, we will show you how to negotiate with opposing counsel to fine-tune the language and get a better deal for your client, even in low leverage situations.
- Learn to determine how one-sided a contract should be.
- Explore practical techniques for shifting risk in contracts.
- Consider strategic edits for specific types of provisions.
- Learn subtle ways to fine-tune contract language to get a better deal for your client.
- See how seemingly minor edits proposed by opposing counsel can affect your client’s outcome.
- Find out how to draft and review contracts more efficiently.
- Improve the overall quality of your work.
Speaker:
Lenné Espenschied
Lawyer, Author, National Speaker and Professor
Lenné Eidson Espenschied has earned her status as one of the two most popular contract drafting speakers in the U.S. by continually striving for excellence and providing innovative, practical skills-based training for transactional lawyers. She practiced law in Atlanta, Georgia for 25 years, focusing on corporate and transactional representation of technology-based businesses. She is the author of two books published by the American Bar Association: Contract Drafting: Powerful Prose in Transactional Practice (ABA Fundamentals, 3rd Ed. 2019) and The Grammar and Writing Handbook for Lawyers (ABA Fundamentals, 2011). After graduating from the University of Georgia School of Law magna cum laude, Ms. Espenschied began her legal practice at the firm now known as Eversheds Sutherland; she also served as Senior Counsel in the legal department of Bank of America before eventually opening her own law office. As a law professor, Ms. Espenschied taught commercial law, contracts, and contract drafting. Her passion is helping lawyers acquire the skills they need to be successful in transactional practice.
Disclaimer: All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials.