Aspen Publishing

Drafting Contracts: How and Why Lawyers Do What They Do, Second Edition

Tina L. Stark


  • ISBN: 9780735594777

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  • Description

    The eagerly anticipated second edition of Drafting Contracts: How and Why Lawyers Do What They Do, an established and highly regarded text, teaches the key practice skill of contract drafting, with emphasis on how to incorporate the business deal into the contract and add value to the client’s deal.

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  • Details
    Page Count 600
    Published 11/26/2013
  • Additional Product Details

    Summary of Contents

    Preface to the Second Edition   

    Preface to First Edition 

    Acknowledgments to Second Edition     

    Acknowledgments to First Edition           

    Part 1    Translating the Business Deal into Contract Concepts     

    Chapter 1            A Few Words About Contract Drafting and This Book      

    Chapter 2            The Building Blocks of Contracts: The Seven Contract Concepts 

    Chapter 3            Translating the Business Deal into Contract Concepts: Part 1 (Representations and Warranties & Covenants and Rights)        

    Chapter 4            Translating the Business Deal into Contract Concepts: Part 2 (Conditions, Discretionary Authority, and Declarations)    

    Part 2    Drafting a Contract’s Parts

    Chapter 5            A Contract’s Parts

    Chapter 6            Introductory Provisions: Preamble, Recitals, and Words of Agreement  

    Chapter 7            Definitions and Defined Terms 

    Chapter 8            Action Sections

    Chapter 9            Representations and Warranties             

    Chapter 10          Covenants and Rights   

    Chapter 11          Conditions to an Obligation        

    Chapter 12          Discretionary Authority and Declarations             

    Chapter 13          Will and Shall     

    Chapter 14          Drafting the Contract Concepts — A Summary Chart      

    Chapter 15          Endgame Provisions      

    Chapter 16          General Provisions         

    Chapter 17          Signatures          

    Part 3    Drafting Clearly and Unambiguously       

    Chapter 18          Legalese             

    Chapter 19          Clarity through Format 

    Chapter 20          Clarity through Sentence Structure         

    Chapter 21          Ambiguity          

    Chapter 22          Numbers and Financial Provisions           

    Chapter 23          A Potpourri of Other Drafting Considerations     

    Chapter 24          Deconstructing Complex Provisions        

    Part 4    Drafting from the Client’s Perspective   

    Chapter 25          Adding Value to the Deal             

    Part 5    Putting a Contract Together       

    Chapter 26          Organizing a Contract and Its Provisions

    Chapter 27          The Drafting Process     

    Chapter 28          How to Review and Comment on a Contract      

    Chapter 29          Amendments, Consents, and Waivers  

    Part 6    Drafting Ethically             

    Chapter 30          Ethical Issues in Drafting              

    Part 7    Additional Exercises       

    Chapter 31          Additional Exercises       

    Part 8    Exemplars and Guided Reading Exercises            

    Chapter 32          Exemplars and Guided Reading Exercises


                    Escrow Agreements      


  • Author Information

    Tina L. Stark

    Tina L. Stark teaches at Emory University School of Law where she is a Professor in the Practice of Law and the Executive Director of the school’s Center for Transactional Law and Practice. She is an internationally recognized authority on contract drafting and the teaching of transactional skills and has written extensively on these topics. She is also the editor-in-chief and co-author of Negotiating and Drafting Contract Boilerplate.
    Professor Stark speaks frequently on drafting, transactional skills, the intersection of law and business, and boilerplate in contracts. She has lectured at programs in the United States, Canada, England, Italy, China, and Poland. In addition, she has served as a consultant to an English law school in connection with the creation of its transactional and business curriculum.
    After graduating from Brown University with honors, Professor Stark was a commercial banker at Irving Trust Company. She then attended New York University School of Law where she was a contributing editor to the Journal of International Law & Politics. Professor Stark clerked for Judge Jacob D. Fuchsberg of the New York State Court of Appeals.
    Professor Stark was a corporate partner at Chadbourne & Parke LLP from 1988 until 1993. While there, she had a broad-based transactional practice, including acquisitions, dispositions, recapitalizations, and financings. In addition, she developed and implemented the firm’s corporate training program.
    Before joining the Emory faculty, Professor Stark was an Adjunct Professor at Fordham Law School for fourteen years. She taught courses on drafting, transactional skills, and business.
    Professor Stark was appointed as a member of the Professional Education Project by Chief Judge Judith S. Kaye of the New York State Court of Appeals. The PEJ studied the legal education curriculum in New York State and recommended, among other things, that continuing legal education become mandatory in New York.

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