How do you improve and enhance your contract drafting and review skills and knowledge?

In government contracting you need to know more than just how to draft a contract. You need to know the law and the lore! Developments in a variety of divergent areas, such as antitrust, cybersecurity, supply chain risk management, the False Claims Act, impact the way deals are done. You also need to keep a watchful eye on newly emerging developments -- NDAAs, laws like the Infrastructure Investment and Jobs Act, Executive Orders, OMB Guidance, and of course cases are the types of developments that can impact the process and affect outcomes. You need to know more than the Federal Acquisition Regulation -- but that is always a good place to start!

Talk the Technical Talk. If you're drafting complex technical contracts, you have to understand the technical components of the deal. You have to speak to the technical people - the engineers, the designers etc...and understand the project to be able to write it into a contract. It also will shine a light on liability and risk allocation.

Firstly, immerse yourself in learning the fundamental elements that constitute a valid and enforceable contract, including understanding the nuances of various clauses and terms commonly found in contracts. Secondly, make it a point to regularly update yourself with the latest developments in contract law through online courses, books, and articles. Lastly, don't hesitate to consult with legal experts to gain insights and avoid common pitfalls, ensuring that you are well-equipped to navigate complex contract negotiations and reviews with confidence and expertise.

Does anyone have useful suggestions on where a new starter should look to find some useful online courses, books or articles? I believe many would like to self learn but would appreciate being directed to the right avenue. Thank you.

Firstly, consider infusing a touch of creativity and personalization into the templates, transforming them into dynamic canvases that echo the unique essence of each agreement, while still maintaining a professional structure. Secondly, explore the potential of integrating AI-powered tools that can predict potential disputes or issues based on the clauses inputted, offering a futuristic approach to contract management.

Get an experienced colleague to review draft for any ambiguities. Example - on a previous project reasonable statement to re measure quantities after completion in the contract caused all types of hassle ( major claim, court of arbitration etc) because method of measurement was not stated. As it happened claim was thrown out as no aspect of common sense was applied. Also no real foundation for the claim.

Begin by understanding the unique nuances of your business and industry, and craft contracts that mirror these specificities, thereby avoiding a one-size-fits-all approach. Furthermore, prioritize clarity by employing straightforward language and defining critical terms, which not only minimizes potential disputes but also fosters a transparent and trustworthy business relationship. Remember, a well-customized and clear contract is the cornerstone of a successful and harmonious business partnership.

Initially, a thorough review should be conducted to ensure accuracy, adherence to legal standards, and alignment with both parties' expectations. Following this, a meticulous revision process is necessary to rectify any inconsistencies, errors, or potential areas of conflict identified. Remember, dedicating time to review and revise contracts not only solidifies the agreement but also fosters a collaborative and respectful business relationship.

After I complete a contract or a review, I make notes on what went well and what could be improved next time. I’ve developed the habit of breaking down contracts word by word to ensure there’s no room for ambiguity. I recently reviewed a software contract where a single vague clause around data ownership could have led to future disputes. This level of attention helps me catch issues early.

Engaging with peers, managers, or clients can offer diverse perspectives and insights, aiding in the fine-tuning of your contracts. Additionally, consulting with legal professionals can grant you access to expert guidance, ensuring that your agreements are both robust and compliant with current regulations. Remember, fostering a culture of collaboration and open dialogue can be a catalyst for continuous improvement and innovation in contract management.

Whether from clients, colleagues, or even senior partners, I treat feedback as a tool to get better. I look for areas where clarity can be improved. I sign up for webinars or legal workshops whenever possible. For instance, a workshop on international trade agreements introduced me to terms I wasn’t familiar with. Those sessions are incredibly useful in expanding my knowledge and updating my skill set. I’m part of a few legal groups where I can discuss contract drafting issues and see how others handle certain clauses. I once saw a great debate on indemnity clauses that helped me rethink how I approach that area in my own contracts.

As a contract lawyer, i cannot stress this enough that when going through the contract management life-cycle from beginning to the execution, the contract and it's clauses that are being researched, reviewed, negotiated and then drafted, are to be done always as per the needs and requirements of the client, which is why, the client has to be involved at all states of the life-cycle to reduce and obviate any chances of personal bias which might creep in if we don't keep our client in the loop.