This class is eligible for CLE Passport use. You will be able to select the CLE Passport as your payment method for no additional cost when registering for this course.
Credits: 1.0 General Credit hour
Description: Drafting contracts can be a challenging task, especially when balancing the need for efficiency and consistency boilerplate clauses provide against the issues such clauses present. Join nationally renowned presenter Claude E. Ducloux as he discusses these issues and more. The following are among the topics Claude will discuss:
- Defining how boilerplate differs from essential clauses
- Examples of typical boilerplate and potentially dangerous provisions
- Steps to understanding, examining, and communicating with your client
- Choice of law
- Forum selection
- Notice – methods for giving notice to the other side
- Non-reliance (“Integration Clause”)
- Waiver of consequential damages
- No third-party beneficiary
- Alternate dispute resolution – Arbitration and/or mediation
- Severability and the dangers of not preserving “essential purpose”
- Contract ethics – Duties of competence, conflicts of interest
- Doing business with the client and the duty of truth in statements to others
- Best practices when reviewing boilerplate
While this class is designed for those with limited contracting experience, more experienced practitioners may find the topics discussed of interest.
Faculty:
Claude E. Ducloux, LawPay