Minding Litigation: Strategies For Document Drafting

Trial lawyers and instructors Nicole Westbrook and Cash Parker have developed strategies for more effective contracts. Here they share what works and what doesn't, what reduces the risk of litigation and what issues are likely end up in court. 

As trial lawyers and instructors for the National Institute for Trial Advocacy, we are constantly dealing with contractual issues to forestall litigation. Over the years, we have seen what works and what doesn't, what reduces the risk of litigation and what issues likely end up in a court battle.

We have developed strategies to take some of the guesswork out of contracts. These include ways to make provisions more concrete and reduce the risk of future litigation at the drafting stage by being methodical about what stays and what gets jettisoned in a contract.