Critical Thinking About Contract Drafting for Young Lawyers

When an attorney becomes involved in drafting an agreement amongst multiple parties, it is important for him or her to understand the fundamental concepts of creating an enforceable contract. For instance, most corporate agreements have a particular framework, which includes a preamble, recitals, and operative terms such as definitions, covenants and representations and warranties. Within this framework, the key elements of a contract—offer, acceptance, consideration and mutuality of obligation—are articulated. However, while the standard framework and elements of a contract are taught to almost every law student, the nuances involved in the successful negotiation of a contract are not.

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