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Logic and Argumentation for Lawyers and Contract Drafting Errors That Cause Litigation Bundle

MONDAY, FEBRUARY 14, 2022

12:25      Registration

12:55      Welcome and Introductions

1:00        Informal Logical Fallacies

In this session, focus on 10 common informal logical fallacies, discussing how they are formulated, how to recognize them, how to use them, and how to refuse them in legal arguments and in contract negotiations.

2:00        Break

2:10        Is That a Fact?

Classical logic is built upon premises that are presumed to be true, but what exactly is "true" and how does it differ from "fact"? A recent Pew Survey revealed that 64% of knowledgeable, savvy Americans could not distinguish properly between five factual statements and five opinion statements; the unknowledgeable, unsavvy Americans fared far worse. In this session, we examine the differences between data and facts, facts and truth, facts and evidence, claims and beliefs, beliefs and opinions, and norms and values. We use this information to help you construct more convincing, logical arguments and enhance your credibility in litigation and transactional practice, as well as in casual conversations.

3:10        Break

3:20        Classical Logical Syllogisms

Learn how to use classical logical syllogisms to construct arguments, and how to identify six formal logical fallacies that undermine your credibility and reduce your chances for success. Use this information to help construct more convincing, logical arguments and enhance your credibility in litigation and transactional practice, as well as in casual conversations.

4:20        Adjourn for Day

TUESDAY, FEBRUARY 15, 2022

8:25        Registration

8:55        Welcome and Introductions

9:00        How Courts Assess Ambiguity

This session explores:
•  The court's 5 options in an ambiguous contract case
•  50 cases surveyed from 2021 state and federal court decisions, the survey says:
   ◦  The 3 most commonly litigated types of provisions in 2021
   ◦  The 3 drafting errors mostly likely to cause litigation
•  3 keys to eliminating contextual ambiguity

10:00      Break

10:10      Examples of Embarrassing Errors Good Lawyers Made With Definitions That Caused Litigation in 2021 Cases

Learn the basic rules for drafting definitions, when to use integrated verses autonomous definitions, when autonomous definitions are best and how definitions improve the text.

11:10      Break

11:20      Examples of the 5 Most Common Phrasing Patterns That Cause Litigation

Avoid phrasing pattern pitfalls. This session highlights:
•  What does this word modify?
•  What does this phrase modify?
•  What is the foregoing?
•  Which provision controls?

12:20      Adjourn

Description

Develop a practical, working knowledge of the principles of classical logic and argumentation as well as review what types of provisions get litigated most frequently and which drafting errors appear most often in ambiguous contract cases.

Contributors

  • Lenné Eidson Espenschied

    Lenné Eidson Espenschied 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.

    Lenné 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).

    Her passion is helping lawyers acquire the skills they need to be successful in transactional practice.

    Click here for more information about Lenné.

If you did not attend this program in its entirety, please fill out a partial credit form to ensure that we report your credit accurately.

Please send your completed form to askcle@ncbar.org within seven days of this program.

As an attendee at this CLE program, your feedback is important.

Click here to fill out the program evaluation for Logic and Argumentation for Lawyers.

Click here to fill out the program evaluation for Contract Drafting Errors That Cause Litigation.

Click here to view Forms and CLE Policies, Terms and Conditions.

Click here to view the NCBA Pandemic In-Person Attendance Policy.

If paying by check, click here for a printable registration form. Please reference the live webcast program code 178CDP.

February 14, 2022
Mon 12:25 PM EST
North Carolina Bar Center 8000 Weston Parkway Cary, NC 27513 919.677.0561

View map and directions

Duration 23H 55M

No longer available for purchase
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