The reduction to writing of an agreed-upon understanding among parties can sometimes be viewed as a cursory step in formalizing a business relationship. Yet the manner in which concepts are expressed on a page are often as important as the concepts themselves. Solid contract-drafting skills are therefore essential tools to any professional who deals with transactions or business relationships. Unfortunately, although contract conterparties might have the best of intentions, many contracts - even those drafted by experienced attorneys and those relating to the most prominent of transactions - are plagued with ambiguities, inconsistencies, unintended imprecision, and "bloat" from unnecessary legalese, rendering them confusing, risky, and potentially very costly.

Fundamental Concepts in Drafting Contracts: What Most Attorneys Fail to Consider is a course designed to convey fundamental - but often unconsidered - principles to assist both newly admitted and seasoned attorneys with drafting, analyzing, and interpreting contracts. Unlike many other contract-drafting courses, this course focuses on the manner in which concepts are expressed in a contract, rather than on the substance of any provision or contract in particular. Topics include:

• the importance of language in contacts;
• categories of contract language (including language of performance, obligations, prohibitions, descretionary language, representations, acknlowledgments, and language of policy);
• the distinction between "shall," "will," and "must";
• use of the active and passive voice; and
• legal archaisms