Contract Drafting Marathon by Ramanuj Mukherjee

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Slide Notes

Contract Drafting Marathon

Published on Nov 18, 2015

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PRESENTATION OUTLINE

CHECKLIST FOR CONTRACT DRAFTING

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WHAT SHOULD YOU DO?

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UNDERSTAND CLIENT'S INTEREST

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TAKE INSTRUCTIONS

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ADVISE ON LEGAL ISSUES

AND FINALIZE STRATEGY

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KNOW YOUR MANDATE

DO YOU HAVE TO PREPARE THE FIRST DRAFT?

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YES?

PROCEED TO DRAFT THE DOCUMENT

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THINK OF DIFFERENT SITUATIONS

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ASK "WHAT IF" QUESTIONS

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DRAFT APPROPRIATE CLAUSES

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WHEN

YOU RECEIVE A DRAFT FROM THE OTHER SIDE

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IDENTIFY CLAUSES

WHICH ARE AGAINST YOUR CLIENT'S INTEREST

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IDENTIFY SITUATIONS

BEYOND YOUR CLIENT'S INSTRUCTIONS

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TAKE INSTRUCTIONS ON

POSSIBLE NEGOTIATIONS AND STRATEGIES

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POSSIBLE ACTIONS IF CLAUSE

IS AGAINST YOUR CLIENT'S INTERST

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NEGOTIATE

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ACCEPT IT SUBJECT TO CONDITIONS

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IMPOSE SOME OBLIGATION

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NOTE: SUBJECT TO APPROVAL FROM THE CLIENT

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CHECKLIST BEFORE SENDING A DRAFT

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ENFORCEABILITY OF THE CONTRACT

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PROCEDURAL REQUIREMENTS

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BASIC PRINCIPLES OF SUBSTANTIVE LAW

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EVERY CLAUSE SHOULD BE ENFORCEABLE

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"PSYCHOLOGICAL EFFECT"

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SANITY CHECK

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CHECK FORMATTING

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LENGTH OF SENTENCES/PARAGRAPH

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USE OF DEFINED TERMS

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ACCURACY OF CROSS REFERENCING

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TYPOGRAPHICAL ERRORS

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SPELLING MISTAKES

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INCOMPLETE CLAUSES

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CONFLICTING OBLIGATIONS/CLAUSES

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CHECK TITLE AND SIGNATURE PAGE

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AESTHETICS

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POPULATE NECESSARY SCHEDULES

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COMMENTS FOR DISCUSSION

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INFORMATION TO BE SUPPLIED

BY OTHER PARTY

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ARE YOU READY?

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Ramanuj Mukherjee

http:\\ipleaders.in