Contract Drafting 101: A Checklist Derived from Recent Caselaw
State Bar of Texas In-House Counsel Course
17 Pages Posted: 7 Jul 2016
Date Written: August 10, 2016
Law Schools are criticized for not making law students practice ready. This criticism is primarily directed at Law School's emphasis on the caselaw method as the principal means of educating law students, and that method's supposed limitations in developing transactional lawyering skills. Through a review of selected drafting issues that were outcome determinative in a series of recent cases, this paper argues that reading cases is critical to developing transactional drafting skills. The "how to" of drafting skills must be developed and maintained in the context of the "why" of the caselaw method.
Keywords: contracts, drafting, caselaw method
JEL Classification: I21, K10, K12, K40
Suggested Citation: Suggested Citation