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Euromoney Learning Solutions

Available dates

Oct 22—23, 2019
2 days
Jakarta, Indonesia
USD 2995
USD 1497 per day

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About the course

Learn how to write in plain English at our Legal Contract Drafting course for legal professionals

This course is designed to enhance its participants’ professionalism in legal writing, drafting contracts and negotiation. Practical legal English writing deals with expressing complex legal ideas in plain, understandable English. This course is also useful to those working with contracts as it enables participants to improve their knowledge of contract law and to learn and acquire the necessary skills of writing clear, concise contracts, legal texts, correspondence and various types of documents and writing. This practical workshop provides much-needed skills and knowledge needed by professionals (including bankers and financiers) to ensure that they gain solid working understanding of the principles and basics of writing, drafting contracts and negotiation.

Course Objectives

  • Acquire new skills in writing legal English and general correspondence in order to write clear, concise contracts, letters and documents.
  • Obtain knowledge and be able to understand and express legal concepts and to peruse, understand and deal with legal documentation
  • Learn the skills of drafting (and checking) legal documents more effectively in order to write and negotiate more persuasively and to deal effectively with lawyers, customers and others.

Methodology

This course combines presentations, classroom discussions, Q&A and case studies

Agenda

  1. Legal Writing Skills

Structure and style of legal writing

Strategies for effective legal writing

  • Plan, write, revise
  • Plain English – effective language style
  • Planning: know what you mean to say
  • Writing: say what you mean to say
  • Revise: the importance of self-editing your writing
  • Legal letters, emails, memoranda and opinions
  • Letter writing – the conventions of letter writing, common pitfalls, legal and professional requirements
  • Writing e-mails – basic rules, legal issues
  • Writing memoranda
  • Responding to legal opinions

Elements of good style

  • Clarity
  • Consistency
  • Effectiveness

What to avoid

  • Ambiguity
  • Sexist language
  • Constantly litigated words
  • False word pairs
  • Problem words and phrases
  • False collocations

Summary: Writing legal documents: language and structure

  1. Contracts

Understanding contract purpose and form

  • Structure of contracts
  • Purpose
  • Terms

Structure and format of commercial agreements

  • Parties
  • Recitals
  • Interpretation/Definitions
  • Conditions precedent
  • Agreements
  • Representations, Warranties and Undertakings
  • Boilerplate (Standard) clauses
  • Taxation liabilities
  • Industry specific terms
  • Intellectual property and third party rights
  • Schedules
  • Execution/Signatures
  • Appendices

Perusing & Understanding Contract Clauses

  • Overview of a typical commercial contract
  • Definitions
  • Main commercial provisions
  • Secondary commercial provisions
  • Boilerplate clauses
  • Common terms and phrases
  • “Best or reasonable endeavours”
  • Joint and several
  • “Time is of the Essence”
  • Warranties
  • Indemnities and limitation of liability clauses
  • Termination clauses
  • “Subject to contract”

Workshop: Exercise on Bank’s agreements

  1. Negotiation Skills

Negotiating skills, styles and strategies

Basis of successful negotiations - 3 A’s

  • Attitude
  • Awareness
  • Accountability

Qualities of a good negotiator

  • Key skills
  • Identify and develop your style
  • Preparing for negotiation

Define your objectives

  • Defining goals

Consider the range of process options available

Negotiation

Assisted negotiation

  • Identify interests

Identify and prioritise

Map thIe negotiation

Usefulness of mapping

Steps to develop a negotiation map

  • Generate options

Designing options for each issue

  • Develop the parameters of the negotiation

The 'walk away zone", "BATNA"

The "aspiration level"

  • Prepare the logistics

Data

Who

Where

Mode of negotiation – face-to-face, telephone, correspondence

  • Prepare for the other side

Understanding the other side

  • Summary

identify key issues, establish aims and agree on strategy

  • Negotiation process
  • Exploring positions

Ideal

Realistic

Fallback

The Opening Stage

3 ways: soft high, firm reasonable, problem-solving

  • The Exploration Stage

Identifying concerns and interests

Setting an agenda

Probing the hidden agenda

Developing options

  • The Agreement Stage

Focus on the basics

Locking in an agreement

  • Breaking deadlocks

Avoidance

Substantive deadlocks

Emotional deadlocks

Deadlocks caused by process issues

  • Concluding the Negotiation

When the negotiations do not lead to an agreement

When the negotiations led to an agreement: drafting the contract

  • Negotiating power and Persuasion
  • Negotiating power

Sources of power

  • 4 steps from power to persuasion

Identify your negotiation objectives

Assess your own power and the other side’s power

Improve your power

Apply power to persuade the other side

  • Legal issues

Avoiding liability for conduct in the negotiation

Prohibited business conduct

Effect of pre-contractual negotiating

  • Ethics in negotiation

Why ethics matter in financial institutions

A practical approach to ethical issues

Workshop: Conducting a successful constructive negotiation.

Summary

  • Factors leading to an unsuccessful negotiation

10 failures leading to unsuccessful negotiations

  • Principles for successful constructive

10 principles for successful negotiations

Conclusion

Who should attend

In-house legal advisory, corporate counsel, procurement officers, staff who are required to communicate and draft on an international level using precise legal language

Trust the experts

Mei Pheng Lee

Upon graduating from the University of Malaya with a First Class Honours in 1983, Datin Dr Lee became a fellow and tutor at the Law Faculty, University of Malaya. In 1985, Datin Dr Lee joined the Overseas Chinese Banking Corporation (OCBC) as Head, Legal Department and served as Assistant Vice Pr...

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