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Transactional Drafting Introduction to Contract Drafting and Transactional Practice Ben Fernandez

Contributor(s): Material type: TextTextSeries: Open textbook libraryDistributor: Minneapolis, MN Open Textbook LibraryPublisher: [Place of publication not identified] Ben Fernandez [2021]Copyright date: ©2021Description: 1 online resourceContent type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9798453368501
Subject(s): LOC classification:
  • KF385.A4
  • K7265
Online resources:
Contents:
Copyright -- Preface -- Introduction -- 1. Getting up to Speed (Preparing to Draft) -- 2. Drafting Obligations, Rights, Prohibitions and Descriptive Statements -- 3. Avoiding Potentially Ambiguous Words and Phrases -- 4. Organizing a Contract's Beginning Sections -- 5. Drafting the Core Obligations and Organizing Deal Provisions -- 6. Organizing a Contract's Ending Sections -- 7. Brainstorming for Future Contingencies -- 8. Drafting with Precedent Documents -- 9. Tailoring Precedent Documents for a Deal -- 10. Revising the Other Side's Completed Documents -- 11. Negotiating Contract Provisions -- 12. Ethical Issues in Contract Drafting -- 13. Getting the Contract Signed (Closing the Deal) -- 14. Drafting With Document Assembly Programs and Closing with On Line Resources -- 15. Drafting a Contract Amendment -- Appendix -- Flowchart for Drafting Contract Provisions -- Contract Drafting Checklist -- Drafting Exercises -- Transcript of Client Intake for Laptop Purchase Agreement -- Memorandum for Residential Lease Agreement -- Memorandum for Sale of Assets Agreement -- Transcript of Client Intake for Consulting Services Agreement -- Introduction to Commercial Real Estate Loan Documents -- Sample Commercial Real Estate Loan Documents -- Promissory Note -- Guaranty -- Mortgage -- Assignment of Rents and Leases -- Construction Loan Agreement -- Revised Construction Loan Agreement (Tailored for a Deal) -- Revised Construction Loan Agreement (Revised for the Other Side) -- About The Author
Subject: Transactional Drafting: Introduction to Contract Drafting and Transactional Practice contains a condensed presentation of all of the topics typically covered in an upper-level law school class on contract drafting. The book covers drafting from scratch including writing in plain English (not using legalese), avoiding ambiguity, and drafting covenants, rights and prohibitions consistently (using "will" or "shall" for covenants, "may" for rights, and "will not" or "shall not" for prohibitions). And it covers contract organization, from the title and the exordium to the core covenant, deal provisions and "boilerplate," to the testimonium and the signature blocks. The book also includes material on getting up to speed before you start drafting and brainstorming for contingencies after you have finished. In addition to drafting from scratch the book introduces students to the wide range of skills involved in transactional practice. There are chapters on revising form documents, both when you are the original drafter and when you represent the other side. Also, the book includes chapters on negotiating contract language, handling a closing (i.e., verifying authority and getting the documents signed), dealing with ethical issues that arise in contract drafting and execution, drafting a contract amendment, and using computers to draft contracts. Transactional Drafting includes everything students need to know to “hit the ground running” as a transactional attorney.
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Copyright -- Preface -- Introduction -- 1. Getting up to Speed (Preparing to Draft) -- 2. Drafting Obligations, Rights, Prohibitions and Descriptive Statements -- 3. Avoiding Potentially Ambiguous Words and Phrases -- 4. Organizing a Contract's Beginning Sections -- 5. Drafting the Core Obligations and Organizing Deal Provisions -- 6. Organizing a Contract's Ending Sections -- 7. Brainstorming for Future Contingencies -- 8. Drafting with Precedent Documents -- 9. Tailoring Precedent Documents for a Deal -- 10. Revising the Other Side's Completed Documents -- 11. Negotiating Contract Provisions -- 12. Ethical Issues in Contract Drafting -- 13. Getting the Contract Signed (Closing the Deal) -- 14. Drafting With Document Assembly Programs and Closing with On Line Resources -- 15. Drafting a Contract Amendment -- Appendix -- Flowchart for Drafting Contract Provisions -- Contract Drafting Checklist -- Drafting Exercises -- Transcript of Client Intake for Laptop Purchase Agreement -- Memorandum for Residential Lease Agreement -- Memorandum for Sale of Assets Agreement -- Transcript of Client Intake for Consulting Services Agreement -- Introduction to Commercial Real Estate Loan Documents -- Sample Commercial Real Estate Loan Documents -- Promissory Note -- Guaranty -- Mortgage -- Assignment of Rents and Leases -- Construction Loan Agreement -- Revised Construction Loan Agreement (Tailored for a Deal) -- Revised Construction Loan Agreement (Revised for the Other Side) -- About The Author

Transactional Drafting: Introduction to Contract Drafting and Transactional Practice contains a condensed presentation of all of the topics typically covered in an upper-level law school class on contract drafting. The book covers drafting from scratch including writing in plain English (not using legalese), avoiding ambiguity, and drafting covenants, rights and prohibitions consistently (using "will" or "shall" for covenants, "may" for rights, and "will not" or "shall not" for prohibitions). And it covers contract organization, from the title and the exordium to the core covenant, deal provisions and "boilerplate," to the testimonium and the signature blocks. The book also includes material on getting up to speed before you start drafting and brainstorming for contingencies after you have finished. In addition to drafting from scratch the book introduces students to the wide range of skills involved in transactional practice. There are chapters on revising form documents, both when you are the original drafter and when you represent the other side. Also, the book includes chapters on negotiating contract language, handling a closing (i.e., verifying authority and getting the documents signed), dealing with ethical issues that arise in contract drafting and execution, drafting a contract amendment, and using computers to draft contracts. Transactional Drafting includes everything students need to know to “hit the ground running” as a transactional attorney.

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