Course dates
Course overview
'Legal English: Contract Drafting and Negotiating Masterclass' is designed to identify common drafting errors, improve their writing and drafting skills and learn advanced negotiation skills in English.
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Improve legal writing and contract drafting skills
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Learn how to avoid common drafting pitfalls
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Develop an effective communication style
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Understand the structure and terms that are common to contracts in English
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Learn advanced negotiation skills (for commercial matters and dispute resolution) in English
Summary of Course Content
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Writing legal opinions, correspondence memoranda and email
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Drafting pre-contractual documentation
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Drafting general contractual terms and specific clauses
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Negotiation skills for lawyers
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Tactics, techniques and personalities
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Negotiating key clauses
Delegates will receive
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Style guide including sample emails, letters and contracts
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Glossary of legalese, Latin phrases and legal terminology
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Extensive course notes
Who should attend?
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In-house legal counsel
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Contract managers / officers
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Legal counselors - commercial contracts
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Legal specialists
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Legal advisors and consultants
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Operational legal support
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Compliance officers
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Lawyers in private practice
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Business development managers
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Marketing and sales directors / managers
Attend both courses and save US$1,000!
Legal English: Contract Drafting and Negotiating Masterclass
Advanced Contract Law
Supporting publication
Day 1: Legal writing and contract drafting skills
Legal writing
- The art of legal writing
- 4-stage process of writing
Structure and style of legal writing
- Legal letters, emails, memoranda and opinions
- Components of legal communications
- Plain English
- Content organisation
- Marketing in legal correspondence
- Effective language style - concise, clear and forceful
- Paper advocacy - persuasive legal writing
Understanding contract purpose and form
- Back to basics
- Purpose
- Specific purpose
- Various forms and their aim
- Terms
Preliminary agreement forms
- Memorandum of understanding
- Letter of intent
- Term sheet
- Authority to proceed
- Scope of work
- NDA/confidentiality agreement
Structure and format of agreements
- Parties
- Recitals
- Interpretation
- General terms
- Commercial terms
- Boilerplate
- Warranties, representations and undertakings
- Taxation liabilities
- Industry specific terms
- Intellectual property and third party rights
- Schedules
- Execution
General drafting pitfalls
- Time
- Vagueness
- Verbosity
- Weak grammar
- One idea, one clause
- Jargon and legalese
- Active vs. passive voice
- Schedules and annexures
- Punctuation
- Precedents
Checklist and procedures for drafting
- Style guides and best contract style
- Instruction sheets
- Checklist for drafting agreement
- Checklist for drafting individual clauses
- Deal sheet
- Draft control
- Standard terms and battle of the forms
- Dealing with multiple drafts
Common terms and phrases
- "Best or reasonable endeavours"
- Joint and several
- "Time is of the Essence"
- Drafting warranties
- Drafting indemnities and limitation of liability clauses
- Drafting termination clauses
- Subject to contract
Day 2: The art of negotiating
Introduction to negotiation
- Consensus sought: commercial gain or dispute resolution
- What is a legal negotiation?
- Elements of a negotiation
- Advantages and disadvantages
- What makes a good negotiator
- Media
Negotiating skills
- Basis of good negotiation - 3 A's
- Attributes of a good negotiator and how to attain them
- Key skills in a negotiation
Negotiation styles and tactics
- Understand your personality/identify your style
- Versatility of style
- Tactical mannerisms
- Tactical devices
Preparing to negotiate
- Team selection and role allocation
- Use of facilitator
- Fact finding and key issue identification
- Playing devil¡¦s advocate
- Entry and exit positions
- Parking issues
Models of negotiation
- Positional
- Distributive
- Integrative
- Principled
Negotiation checklist
Negotiation process
- Opening
- Bargaining
- Closing in agreement
Troubleshooting
- Inequality of bargaining power
- Dealing with hostile parties
- Recognising the tricks people play
- Managing multi-party negotiations
- Understanding verbal and non-verbal signals
- How to kick-start a stalled negotiation
Hilton Hotel Singapore, Singapore, Singapore
This programme takes place on a non-residential basis at Hilton Hotel Singapore. Non-residential course fees include training facilities, documentation, lunches and refreshments for the duration of the programme. Delegates are responsible for arranging their own accommodation, however, a list of convenient hotels (many at specially negotiated rates) is available upon registration.
InterContinental Grand Stanford Hotel, Hong Kong, Hong Kong
This programme takes place on a non-residential basis at the InterContinental Grand Stanford Hotel. Non-residential course fees include training facilities, documentation, lunches and refreshments for the duration of the programme. Delegates are responsible for arranging their own accommodation, however, a list of convenient hotels (many at specially negotiated rates) is available upon registration.
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Siobhan Cool
General Counsel and Group Secretary to the Skywest and Avation Groups
Siobhan Cool is General Counsel and Group Secretary to the Skywest and Avation Groups, which are variously traded on the ASX and the secondary markets of LSE and operate an Australasian airline and an international aircraft leasing business. She led the group's legal team in the asset acquisition of the airline and her role now covers various transactional work including the negotiation, purchase, finance and leasing of aircraft, corporate governance and compliance issues as well as day-to-day legal matters for the group.
Siobhan spent seven years as a barrister in private practice in Australia dealing with commercial, intellectual property and criminal law. Her international work experience includes private and public sector work in Australia, Ireland and the United Kingdom, where she dealt primarily with commercial litigation. Her academic experience involves past positions with the National University of Singapore, the University of Queensland and Griffith University, Queensland.
Siobhan has also served as a member of several prominent boards such as the Council for the Bar Association of Queensland where she was Assistant Secretary for three years, as well as the Management Committees of the Caxton Legal Centre Inc. (Qld) and the Australian & New Zealand Association of Singapore.
Courses run by this instructor
Interested in holding this course in-house? Please fill out your details and a member of our team will be in touch with more information.
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Course dates