December 11, 2009 Practitioners and Scholarship: Oil and Water?

I’m prone to suggesting that the dysfunction in mainstream contract language can largely be attributed to the precedent-driven nature of transactional work. But perhaps another factor plays a supporting role. (Caveat: what follows is semi-informed speculation.)
I suspect that a large majority of analytical materials relating to transactional work are prepared by practitioners. And of those [...]

December 1, 2009 Penn Law Panel Discussion on Contract Drafting at Law Firms (Including Edited Transcript)

Last week’s class in my Penn Law course on contract drafting was devoted to a conference call on the topic of contract drafting at law firms. Longtime readers of this blog will recognize two of the participants: Michael Fleming, partner at Larkin & Hoffman in Minneapolis and well-known cyberspace guy, and Mike Wokasch, a savvy fourth-year [...]

November 20, 2009 Why Bother Learning to Draft Contracts More Clearly?

In my recent blog post about how BigLaw associates have thus far been immune to the charms of my West seminars (click here), I offered some reasons as to why that might be the case. But I omitted one possible reason—that learning how to draft contracts ranks low one’s list of priorities. My thanks to [...]

September 14, 2009 The Breast Cancer Research Foundation Taking Part in the Penn Law 2009 Redrafting Project

In this April 2009 post I solicited submissions from any company interested in taking part in this semester’s Penn Law redrafting project. But then I had a change of heart—why not invite a not-for-profit organization to take part?
So we’re going to be redrafting a trademark license agreement that The Breast Cancer Research Foundation enters into [...]

July 9, 2009 My Response to a Student Seeking Advice on Contract Drafting

Today I came across a blog post entitled, straightforwardly enough, “Looking for Advice on Contract Drafting.”
It was posted on the Marquette University Law School faculty blog and was written by a part-time student by the name of Tiffany. Besides being a student, she holds down a job—she’s responsible for maintaining the templates of her company’s [...]

June 29, 2009 Training Your “Apprentices” in Contract Drafting

You can find plenty of discussion online, at Above the Law and elsewhere, of the new “apprenticeship” model of first-year-associatedom at a handful of law firms.
I suggest that such firms have a choice: either they’re going to give their apprentices the same old training, just more of it, or they’re going to use their new [...]

April 28, 2009 Fall 2009 Penn Law Contract-Redrafting Project—Now Accepting Submissions!

My thoughts are turning to my fall 2009 contract-drafting course at the University of Pennsylvania Law School. It’s time for me to start looking again for a company interested in taking part in a contract-redrafting project with my class.
As previously, I’ll select one contract out of those submitted. The deadline for submitting is June 15. [...]

April 26, 2009 The U.S. News Rankings of Legal Writing Programs: How They Relate to Teaching Contract Drafting

What I do bears little relation to traditional law-school legal-writing programs, which teach writing for litigation—research memos, appellate briefs, and the like. Nevertheless, I had a look at the recent U.S. News rankings of legal-writing programs. (In addition to ranking U.S. law schools overall, U.S. News also ranks them for purposes of ten specialties, including [...]

December 4, 2008 Report on the 2008 Penn Law Redrafting Project

As one of the assignments in my Penn Law contract-drafting course, this semester I once again asked my students to redraft part of a contract currently being used by a company.
This time, I selected a template master services agreement submitted by a Fortune 500 company in response to this May 2008 post. The process this time [...]

August 25, 2008 Students Entitled to 40% Discount on MSCD

I just learned that students are entitled to a 40% discount on A Manual of Style for Contract Drafting if it’s assigned reading for a law-school class.
If you’re a professor and would like to find out more (no students, please!), click here to send an email to Katrina Krause of the ABA.

May 8, 2008 Fall 2008 Penn Law Contract-Redrafting Project—Now Accepting Submissions!

It’s that time again: I’m looking for a company that would be interested in taking part in a contract-redrafting project with my class at the University of Pennsylvania Law School.
The idea is that I’ll select one contract out of those submitted by June 15. In the fall 2008 semester my class will redraft all or [...]

December 6, 2007 A Report on the Penn Law 2007 Contract-Redrafting Project

Each semester that I teach, I inflict a series of drafting assignments on students in my Penn Law contract drafting class. This semester, the final assignment—the grand climax!—consisted of redrafting the first five pages of a master services agreement submitted to me by a major financial-services company in response to this invitation I posted on [...]

November 19, 2007 Giving Contract-Drafting Students a Taste of the Future

My contract-drafting class at the University of Pennsylvania Law School focuses on the building blocks of contract language. But we’d be reckless if we didn’t also consider process—more specifically, the implications of the fact that contract drafting is an industrial-scale team sport. To that end, we devoted last week’s class to two online document-assembly demos.
The [...]

November 11, 2007 A Reminder of the Benefits of a Course in Contract Drafting

Today one of my former Penn Law students sent me the following email:
I just thought I’d write you a quick note and let you know how incredibly helpful your class has to been to me over my last 3 months of law practice. I am drafting all the time—largely because the partners I work for [...]

March 12, 2007 Seeking Company for Penn Law Contract-Redrafting Project

I’m looking for a company that would be interested in participating in a redrafting exercise that will form part of my Fall 2007 contract drafting course at the University of Pennsylvania Law School.
Whenever I teach contract drafting, I have my students redraft a contract to make it comply with the recommendations in A Manual of [...]

October 11, 2006 Some Materials for Teaching Contract Drafting

MSCD is a reference work rather than a textbook, so it doesn’t contain any teaching materials. That has probably prevented some teachers of contract drafting from using it as a course book.
I’ve contemplated making available online a complete set of teaching materials, but that will have to wait. In the meantime, though, I can make [...]

September 24, 2006 The Sept.–Oct. 2006 Issue of “Business Law Today”

A couple of items caught my eye in the most recent issue of “Business Law Today.”
One is an article by Susan J. Irion entitled “The New Classroom—Learning How to Draft Contracts in the Real World.” It discusses how law firms are using training in contract drafting to sharpen the skills of their business lawyers, and [...]

September 10, 2006 On Beginning a New Semester

Last Thursday I taught my first class of the new semester. It prompted the following unconnected thoughts.
***
I was reminded how pleased I am to be teaching at Penn Law. Why? Because the facilities are excellent and the students are smart and eager to learn.
I went to Penn Law. When I graduated, I ever expected to [...]