The book Real World Document Drafting: A Dispute-Avoidance Approach by Marvin Garfinkel covers the legal principles and skills related to negotiating and drafting a range of contracts
  • Explores the underlying principles of contract law that apply to specific contract provisions and considers alternative ways to resolve issues in the course of negotiations
  • Teaches you how to produce precise legal documents that both foster business relationships and reduce the risk of litigation.
Document drafting is an essential skill for lawyers. Regardless of your specialty or practice setting, you need to draft, modify, explain, critique, or review legal documents.

Well-drafted legal documents clearly set forth the terms of a deal, protect and advance a client’s interests, reduce the likelihood of disputes, and establish the framework for successful business relationships. Because you usually need to accomplish all of these objectives, good document drafting requires skill and experience. Your drafting techniques must clearly document transactions and integrate legal and business concepts to create effective contracts.

Marvin Garfinkel draws upon his extensive experience in real estate (leasing, financing, common interest communities, defaults), bankruptcy, product distribution, licensing, mergers and acquisitions, and other business transactions to explain and illustrate drafting techniques. You will benefit from his guidance and learn ways to avoid the many problem areas and traps for the unwary that lead to misunderstandings and disputes.

Marvin Garfinkel discusses a wide variety of problematic provisions from different types of transactions. He pinpoints and explains common drafting mistakes and traps. For example:
  • What protective provisions should a term sheet include? (p. 14.)
  • What language should you include in a letter of intent? (p. 16)
  • How can you avoid ambiguities in defining terms? (p. 43)
  • When is a provision “conspicuous”? (p. 57)
  • When should you use tabulation to avoid ambiguities? (p. 76)
  • How do you choose the right performance standard? (p. 98)
  • When is there an obligation to negotiate in good faith? (p. 120)
  • What is an ambiguous plural? (p. 82)
  • Why should you reject the “standard” severability clause? (p. 152)
  • How should you negotiate and draft indemnification prtovisions ?
  • Real World Document Drafting® (2008, 232 pages, softbound, Order Code BK49) is available at $99 with FREE s/h. The Table of Contents is available online at www.ali-aba.org/BK49/. For more information or to order, contact ALI-ABA Customer Service Department, 4025 Chestnut Street, Philadelphia, PA 19104-3099; call 800-CLE-NEWS (253-6397); or, with a credit card, FAX to 215-243-1664, or visit ALI-ABA’s website at http://www.ali-aba.org/BK49/.
  • Contact the ALI-ABA Office of Electronic and Print Publications at 800-CLE-NEWS (253-6397), ext. 1604, for review copies.


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