MONDAY, FEBRUARY 14, 2022
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
8:55 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
Thank you for joining us for Logic and Argumentation for Lawyers. We'll see you tomorrow for Contract Drafting Errors That Cause Litigation.
o you reason logically? Can you build a compelling argument? All lawyers have to convince someone of something sometimes, whether in contract negotiations or litigation, but some lawyers are more convincing than others.
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.
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