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

Authors
  • Tina L. Stark
  • Monica L. Llorente
Series / Aspen Coursebook Series
Teaching Materials
NO
Description
Table of contents
Preface

Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes.

Like previous editions of this landmark title, the Third Edition of Drafting Contracts: How and Why Lawyers Do What They Do, emphasizes the importance of accurately memorializing the business deal while also advancing your client's interests. New co-author Monica Llorente builds on the foundation and insights of Tina Stark's landmark text with detailed introductions to the six building blocks for drafting contracts that pave the way for understanding any type of business contract. Reader-friendly text illustrated by examples and sample provisions demonstrates the mechanics, strategy, and precision of real-world contract drafting. In line with Tina Stark's legacy of building a bridge between law school and practice, co-author Monica Llorente solicited significant input from law professors, practitioners, and law students in the course of her work on the Third Edition. 

NEW TO THE THIRD EDITION
  • Covid's effect on contract drafting, including force majeure provisions 
  • Expanded and updated coverage of use of qualifiers, standards, and risk allocation
  • Expanded and updated coverage of endgame mechanisms, such as limitations on liability, specific indemnity tools, and provisions
  • All-new coverage of Professional Responsibility  
  • Part summary chapters that provide a capsule overview of all topics in those chapters
  • Online materials and updates on using AI and technology in drafting, available on CC Resources page and Aspen website
Professors and students will benefit from
  • Using drafting concepts as the building-blocks for understanding and writing business contracts
  • Clear descriptions of the purpose and format of every part of a contract
  • Guidance for developing drafting skills
  • Hands-on exercises for practice and self-assessment
  • Best-practice recommendations for drafting clearly and unambiguously
  • Integrated coverage of strategy, risk management, ethical considerations
  • Online materials and updates for using AI and Technology in contract drafting 
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Professor Materials
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About the authors
Tina L. Stark
Fordham University

It was 2006 when Aspen published the First Edition of Drafting Contracts: How and Why Lawyers Do What They Do. At that time, there was no market for a contract drafting textbook. Only a smattering of law schools even offered a course. Aspen and Tina decided to push forward anyhow. Their mantra was, “If we build it, they will come.”

And come they did. Professors quickly recognized the book’s groundbreaking pedagogy and the seminal role it would play in teaching contract drafting. With so few professors having transactional expertise, Tina mentored anyone who sought her help. Eventually, many in the Academy conflated Tina and the textbook. Professors stopped referring to the textbook by its title. Instead, it was Tina’s Book.

Tina joined Emory University School of Law in 2007 as its first Professor in the Practice of Law, and was the founding Executive Director of that school’s Center for Transactional Law and Practice. There, she pioneered a multi-year integrated transactional skills curriculum. During her stewardship, she transformed the nascent transactional curriculum into one that is nationally acclaimed.

In joining Emory, Tina wanted to persuade law schools to embrace the teaching of transactional skills as a core element of preparing law students for practice. She pursued that goal with fervor and quickly recruited others to join with her. Fifteen-plus years later, similar law school curricula are ubiquitous.

But Tina knew from the beginning of her efforts that the imprimatur of the American Association of Law Schools would be essential to the emerging discipline’s ultimate legitimacy and growth. So, in April 2010, she proposed to the AALS that it create a new section, the Section on Transactional Law and Skills. It took the work of many people and a petition signed by over 200 professors and deans, but the new section was created. And Tina was its first chair.

Tina has received multiple accolades. In 2012, she was awarded the prestigious Burton Award for Outstanding Contributions to Legal Writing Education. In the same year, she was chosen as one of 26 professors from a nationwide search to be included in the study, What the Best Law Teachers Do. When Tina retired from teaching, Emory honored her by creating the Tina L. Stark Award for Excellence in the Teaching of Transactional Law and Skills.

In 2019, the Legal Writing Institute conferred on Tina the Golden Pen Award, which honors those who “make significant contributions to the cause of better and more effective legal writing.” In announcing her award, the LWI also included this excerpt from one of the nominations:

[Tina is] a world-renowned educator—a pioneer in the field of teaching transactional law and skills. She is revered in teaching circles of legal writing and transactional drafting professors and well-respected by professors who teach transactional doctrine.

In addition to her textbook, Tina has published numerous law review articles and is the editor-in-chief and co-author of Negotiating and Drafting Contract Boilerplate.

Before becoming a full-time academic, Tina was a commercial banker at Irving Trust Company and a corporate law partner at Chadbourne & Parke LLP. At the firm, Tina had a broad-based transactional practice, including acquisitions and dispositions, recapitalizations, financing transactions, and general corporate counseling.

Tina retired from Chadbourne in 1993. For the next 14 years, through her consulting business and as an adjunct professor at Fordham Law School, she taught courses in transactional skills worldwide. She is now known internationally for her expertise in legal education and the teaching of transactional law and skills.

Tina graduated from Brown University with honors. After attending New York University School of Law, she clerked for Judge Jacob D. Fuchsberg of the New York State Court of Appeals.

Monica L. Llorente

Monica L. Llorente has been drafting and reviewing contracts for over 20 years. Throughout her career, she has made significant contributions in both the private and public sectors by creating and developing new organizations, policies, and agreements. Llorente started her legal career as an attorney in the Corporate & Securities

Department of Baker & McKenzie, where she focused on both domestic and international mergers, acquisitions, and strategic alliances of publicly and closely held corporations, limited liability companies, and partnerships. Then, she went on to direct and develop the Children’s Law Pro Bono Project at Northwestern’s Bluhm Legal Clinic, where she created and implemented a fundraising plan; established intake, case placement, and evaluation procedures; and expanded the number of cases handled per year from approximately 30 to more than 120.

Through the years, Llorente has co-founded a number of organizations, including Dignity in Schools, a national organization of advocates, policymakers, and other stakeholders that reviews and revises juvenile justice and school expulsion policies; and the Transforming School Discipline Collaborative, an organization based in Illinois that supports school districts in implementing equitable and non-exclusionary disciplinary practices. Llorente’s experience and passion for contract negotiations and drafting have been essential to developing these organizational structures and to creating agreements between various stakeholders.

More recently, Llorente has focused on helping different types of students and organizations with their contract drafting, form agreements, and training efforts. She has also expanded to support various types of artists in the issues they face in contract negotiations and agreements. Furthermore, Llorente has played an integral role in many crucial legislative and judicial efforts. For example, she was appointed by U.S. Senators Dick Durbin and Tammy Duckworth to the Judicial Screening Committee, the

U.S. Attorney Screening Committee, and the U.S. Marshal Screening Committee.

Currently, as a Senior Lecturer at the Northwestern Pritzker School of Law, Llorente teaches Business Associations, Contract Drafting, Creating Change as a Lawyer, and Public Interest Law courses.

Llorente has been fortunate to have worked with individuals and entities of all types and sizes, and in various types of transactions. For this reason, she has had many opportunities to think about drafting contracts from different perspectives. In doing so, she always tries to focus on what each specific party needs and wants from that particular agreement. Through the years, her broad scope of experience has pushed her to think outside the box when problem solving and addressing risk allocation in contracts. Llorente has worked with many hundreds of drafters and students from across the world on a variety of issues. They have shared their wisdom and experiences with her, further strengthening her abilities as a professor. She hopes that this practice and teaching experience will bring new insights and real-life examples to Tina Stark’s original, seminal text.

Product Information
Edition
Third Edition
Publication date
2024-02-27
Copyright Year
2024
Pages
630
Connected eBook + Paperback
9781543803907
Connected eBook (Digital Only)
9781543845976
Subject
Drafting , Legal Writing
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