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5 Things You Should Know about Allocating Risk in a Contract

Total Credits: 1 CLE

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Business & Commercial Law |  Miscellaneous
Lenne' Espenschied
1 Hour



One of the drafter’s primary responsibilities in drafting a contract is to ensure that the client accepts an appropriate degree of risk for the circumstances.  In this program, we'll discuss how to:

  • Determine the appropriate degree of risk in a contract;
  • Assess risk in the template you’re marking up;
  • Shift risk from one party to the other within the sentences that comprise the contract;
  • Shift risk within the scope section; and
  • Draft effective liability-shifting provisions.

Lenne' Espenschied, Next Level Contracts  

About the speaker:
Lenne' has earned her status as one of the two most popular contract drafting speakers in the U.S. by continually striving for excellence and providing innovative, practical skills-based training for transactional lawyers.  She practiced law in Atlanta, Georgia for 25 years, focusing on corporate and transactional representation of technology-based businesses.  She is the author of two books published by the American Bar Association:  Contract Drafting:  Powerful Prose in Transactional Practice (ABA Fundamentals, 3rd Ed.  2019), and The Grammar and Writing Handbook for Lawyers (ABA Fundamentals, 2011).  After graduating from the University of Georgia School of Law magna cum laude, Ms. Espenschied began her corporate practice with a large, national law firm; she also served as Senior Counsel in the legal department of Bank of America before eventually opening her own law office.  As a law school professor, Ms. Espenschied taught commercial law, contracts, and contract drafting; she is a contributing faculty member at West Legal Ed.  She speaks nationally at continuing legal education seminars and provides private training at law firms and corporate legal departments.  Her passion is helping lawyers acquire the skills they need to be more successful in transactional practice.