The Key to Success: The Definitive Guide to Contract Drafting Courses
The Advantages of a Contract Drafting Course
In the complex world of law, where the stakes are high and the margins for error are often razor-thin, the ability to draft a well-constructed contract is an indispensable skill. Contracts serve not only as a binding agreement between parties, but they also lay out the framework for the relationship, expectations, and obligations that all involved must abide by. Learning the ins and outs of contract drafting is essential for anyone who has to draft a contract, whether it’s lawyers, in-house counsel, paralegals, real estate agents, or business professionals.
Many laws and regulations have specific terms that need to be included for legal protection, making the skill of contract drafting a necessity for creating contracts that are comprehensive yet precise in their details. Even the slightest error in language can lead to contract disputes that take time and money to resolve. A poorly worded contract can effectively nullify its purpose, resulting in additional headaches and avoidable expenses .
For those looking to refine their contract drafting skills, Contract Drafting Certification courses are instrumental in keeping up with this essential legal competency. Such courses offer a comprehensive overview of the contract drafting process while providing participants with the necessary tools to create contracts that are both legally enforceable and relevant to current industry standards. Furthermore, the experience gained from Contract Drafting Certification seminars would signify to potential employers that the individual is not only well-versed in contemporary legal practices, but they are also able to bring more expertise to the table.
In today’s competitive job market, expanding the knowledge base and skill set is key to increasing employment prospects in the legal field. With that context in mind, those seeking to enhance their contract drafting abilities should consider exploring various Contract Drafting Certification programs that are available online and throughout the country.
What Makes a Great Contract Drafting Course
The process of learning how to draft contracts is not a piecemeal affair. Someone who wants to become a contract drafter needs to learn all of the techniques and how to integrate all of the elements of contract drafting in order to create a seamless and coherent message.
Therefore, the ideal contract drafting course would have an equal emphasis over the following elements:
• Faculty. The most effective contract drafting courses feature world-class faculty members who are noted experts in drafting contracts. Even if a school has a large selection of attorneys on staff, it is very common for a contract drafting course to be taught, more than once, by one of the most distinguished faculty members. An even better approach would be if several members of a faculty were involved in teaching different aspects of the course. The reason for this observation is that the quality of the teachers matters. A truly great contract drafting teacher can work with students of varying skills, backgrounds and motivation. Attending a class on drafting contracts is likely to be one of the most valuable events in your legal education. The best teachers will have a clear structure that is easy to follow and repeat future sessions. They will also be social at a personal level they will interact with the class and recognize individual strengths and weaknesses.
• Curriculum. If possible, tomorrow’s contract drafters should have a curriculum that involves a wide variety of contract types and parts. At various levels of the contract drafting course, students should be presented with lectures and exercises relating to pre-contract documents (e.g., requests for proposals, letters of intent), contract components (e.g., title, definitions, covenants, conditions, bootstraps and boilerplate) and sometimes even contract negotiations. Some courses, like the one offered by Harvard Law School, even include exercises and mock negotiations by students, which help students become comfortable analyzing, drafting and revising spaces in contracts. Such exercises can help build vital communication skills that are useful in a law practice where contracts and contract drafting are involved.
• Practical Exercises. The practical section of a contract drafting course will often include anything from general skills instruction to specific instruction about contract drafting in particular industries. Especially when contract drafting courses are part of a master’s or a JD program, students should expect to spend hours drafting contracts with guided, supervised oversight. However, if a contract drafting course is merely an elective, students are more likely to see some broad or general contracts goals that are either online or handed out in a classroom. If a contract drafting course is the only course focused on contracts, then the instructor may incorporate exercises into lectures by assigning them as homework and going over them in class. Otherwise, what you will have is an important but incomplete course that gives you a solid foundation and sufficient background to appreciate contract drafting but not enough experience to be effective in drafting contracts on a very regular basis.
Comparing the Benefits of Online vs. In-Person Contract Drafting Courses
The decision to undergo contract drafting training either online or in-person can significantly shape your learning experience and professional growth. Both formats come with their own set of advantages and challenges that can impact your mastery of contract terms and their negotiation.
With online courses, you benefit from unparalleled flexibility. These courses allow you to learn at your own pace, revisiting content as needed until you fully grasp the subject matter. Online training also enables you to fit learning into your busy schedule more easily, allowing you to balance work, family, and educational commitments. However, online courses can sometimes lack the interactive elements of in-person training, which may offer fewer opportunities for collaboration with fellow students.
On the other hand, in-person contract drafting courses provide live instruction from experienced professionals, offering instant feedback and guidance as you draft. In-person training also allows for more collaborative and interactive learning experiences, as you can participate in group work and get immediate responses to your questions. However, these courses may require a greater time investment and can be more of a challenge for those with busy schedules. Additionally, access to resources and networking opportunities may be limited in smaller programs.
In measuring the benefits of both online and in-person courses, it’s essential to evaluate personal learning preferences, career objectives, and scheduling capacity. It’s worth considering all factors before committing to a course.
A Primer: Simplifying Contract Law
I have been fortunate to have obtained an international postgraduate degree in the study of Contract Law which has enabled me to appreciate that following foundational aspects of Contract Law can be rightfully expected to be included as part of the contract drafting training course you wish to undertake. The following are assumed fundamental concepts of Contract Law: Always ensure that you are contracting with juristic entities and not individuals and check that such juristic entities are duly registered for VAT purposes where applicable and that their representations are properly documented. Types of contracts may include looser forms of agreement, such as verbal contracts, written agreements which are poorly drafted, negotiated contractual documents or standard form contracts (Some forms of standardised contracts that can be evaluated, include distribution agreements, sales contracts and employment contracts) or even unilateral contracts (contracting for services or goods, such as delivery of a take away order that is accepted by the person(s) delivering the goods or services). Key terms of a contract can include: a clear and unambiguous offer (free from vagueness and uncertainty), acceptance of the offer, determining factors (applicable when parties propose to choose further action and make certain qualifications to their obligations in terms of such choices) and conditions (which certain actions depend). Certain legal obligations of contracting parties may include: undertaking promised conduct, refraining from taking specific action, performance as per the terms of a contract, paying a fee in accordance with the agreement and determining liability for breach of contract, which may involve a certain level of flexibility, as for example, if performance is not possible, a party may be liable to pay an unliquidated amount for damages or losses suffered by the other party or they may be required to refund an amount owed by them. Additionally, keeping documents (a written document or record can evidence the existence of a contract subject to certain requirements) containing the terms and conditions of a contract that can demonstrate pre-contractual negotiations and correspondence in order to reconstruct the contractual relationship between the parties and what was agreed between them. Finally, understanding South African law, case law and legislation pertaining to contracts and how it may affect the relevant contract.
Skills Gained Through a Contract Drafting Course
A major boon to completing a successful contract is being able to draft clear, precise, and comprehensive contracts. Drafting a contract is not just for law students or junior associates anymore. Gone are the days of just having a law firm review a drafted contract. Law firms expect their associates to be able to prepare contracts for clients.
Contract drafting courses, such as our courses here at Plain Language Legal, offer the following practical skills:
Learning to write in plain language ensures you know how to use words with their right meanings. Precise words that leave no room for misunderstanding are essential in contract drafting. Not only will you learn the exact wording that is needed , you will also learn the correct legal jargon.
It is not enough to know how to draft a contract. What is essential is the ability to draft a professional contract that is free from typos and errors, correctly cited, and meets all the formatting requirements. A professional contract is not only impressive for you to present to a client, but it is also necessary for judges and jurors. Courts expect contract documents to be professional, and this is an area where a contracting party can easily be penalized.
Our contract drafting course will take you through the nuances of learning and mastering the four important skills of drafting a contract.
The Best Courses and Providers for Contract Drafters
Contract Drafting and Negotiation Skills (Harvard Law School)
This course offers a deep dive into the world of contract drafting. The course is interactive, with skills development sessions where you can practice the concepts you learn. You’ll work on negotiations, go through real-life scenarios, and walk away with a comprehensive understanding of how to draft and negotiate various types of contracts.
Other Providers
You can find a plethora of online courses that focus on contract drafting. Platforms like LinkedIn Learning and Coursera offer courses ranging from beginner topics like Essential Contract Law Basics to more advanced topics like Contract Negotiation Skills and Strategies. You can also take in-person courses that blend contract law essentials with hands-on contract drafting.
Practical Drafting and Negotiating: Contracts and Other Commercial Agreements (University of California Berkeley)
In the course, you will have a deep understanding of the various stages of contract development. From negotiation to review, this course covers it all. It also provides you with contract drafting and negotiating simulation exercises to give you real-world experience.
Other Online Course Platforms
Some other online options are the Institute of Advanced Legal Studies which presents an Online Legal Drafting course, ETHOS Institute of Advanced Legal Studies that offers a course on Contract Drafting for Lawyers, and LinkedIn Learning which has a course on Legal Drafting: Part II.
Choosing The Most Suitable Contract Drafting Course
When looking for a course in contract drafting, consider these criteria:
Cost
Not all courses are created equal, and not all are a good fit. Make sure you choose a course that meets your needs, both financially and educationally.
Duration
A good contract drafting course should take about two weeks of part-time study to complete. Some online courses may be designed to accommodate a very busy schedule, and allow you to spend less time on the course, but all master contract courses should cover subjects relating to commercial contracts; contract formation; intellectual property; regulation , arbitration and lawsuits; and business entity formation.
Accreditation and Certification
Many contracts courses are fully approved by the Bar Association and may also be accredited by the American Institute of Paralegal Studies. You should also check to see if their diploma is recognized by the Association of Legal Assistants. Even if a course is not industry-recognized, if the course has been taught at universities or colleges, that should be enough to qualify the diploma for qualification as a paralegal certificate.
Documentation
The contract drafting course should come with documentation for tracking and documenting their finished work, so that they can show the work they have done to potential employers.