This course will focus on contract drafting skills and generally accepted drafting practices of transactional attorneys. It will also explore the importance of those skills and the reasons behind those practices. All assignments for this class will be drawn from and will simulate real-world legal experience.
Kenneth A. Adams, A Manual of Style for Contract Drafting (3d ed., Am. Bar. Assn. 2013).
Supplemental reading assignments to be posted to D2L.
Weekly Homework Assignments
Each week, students will complete and submit short drafting assignments as homework. Weekly homework must be submitted to the appropriate dropbox on the course D2L page before the beginning of that week’s class. We will review the homework assignments each week during class.
After class, I will post a sample answer for that week’s assignment to D2L. Each student must download that sample answer, redline her own homework assignment against that sample answer, and email the redline document to me by the time the next assignment is due.
Weekly homework assignments will be graded pass/fail and will count for 10% of the total course grade.
Each student will complete three larger drafting assignments over the course of the semester. These assignments must be submitted to the appropriate dropbox on the course D2L page before the beginning of class on the date due.
These drafting assignments will be given a numerical score between one and one hundred. The first, an employment agreement, is due before the Week Four class and will be worth 20% of the course grade. The second, a lease, is due before the Week Seven class and will be worth 20% of the course grade. The third, an asset purchase agreement, is due before the Week Eleven class and will be worth 25% of the course grade. You will receive a form or form file from which to choose and a memo or other delivery of transaction parties and terms. You then will draft an agreement reflecting the terms of the transaction, correct drafting errors in the document, and simplify the document using common drafting techniques taught in class. For some assignments, you will be given a “side” of the transaction (ie: the purchaser of stock, rather than the seller) and be directed to draft revisions to the form reflecting legal positions beneficial to your client’s interests.
|Type of Exam||
The final exam in this class will take place on Wednesday, December 18, 2013. The final exam will be comprised of a large, complicated agreement, which will contain language contrary to the drafting skills learned in class. You will identify the as many of the “errors” as you can and the drafting issue relating to each. You will also briefly discuss the substantive consequences of these drafting errors. We will discuss the exam and my grading criteria in class.
|Basis for grading||
Your final grade in this course will be based on the following five scores:
Weekly Homework Assignments 10% of grade
Employment Agreement 20% of grade
Lease 20% of grade
Asset Purchase Agreement 25% of grade
Final exam 25% of grade
The exam will be graded anonymously. All other assignments will bear your name.
A mandatory grade distribution applies to the grading of this class. The mean (average) grade shall not exceed 3.5.