Shall: The Biggest Issue in Legal Drafting
The main job of legal instruments of all sorts is to impose duties, express rights, and convey privileges. Of these three, the imposition of duties is typically paramount. And sometimes vague. And as we all know, vague and ambiguous language can lead to litigation. Many times, the uncertainty of a clause can revolve around one word: shall. This word can mean may, must, and will. But what meaning the parties ascribe to shall in a certain clause may be unclear, and parties can differ on where the duty lies and to what extent. In an hour-long session, Professor Garner will show you the traps that using the word shall in documents can land you in. And he will also show you how to avoid these nasty blunders that can tie your client up in nasty litigation for years.
Seminar Specifications
Seminar Length
60 minutes (total video length)
License Window
30 days from date of license purchase.
Production Date
January 19, 2011; Full review: November 30, 2020
Live, interactive function
Seminar Format
Print out Course Material (PDF)
Begin the seminar video.
Seminar Content Tree
(seminar module)
- Directions
- Course Material (PDF)
- PowerPoint Presentation (PDF)
- Shall Part 1 (video)
- Quiz
- Shall Part 2 (video)
- Quiz
- Shall Part 3 (video)
- Quiz
- Code Word
CLE State Approvals
California:
Please send your California Bar number, seminar-completion date, seminar name, and code word to info@lawprose.org to receive a California CLE Certificate from LawProse.
Texas:
Please send your Texas Bar number, seminar-completion date, seminar name, and code word to info@lawprose.org. LawProse will report your CLE credit directly to the Texas Bar.
LawProse Policy on CLE Credit
Please check with your state bar to see whether web seminars qualify.
We are accredited CLE providers for online training in California and Texas.
Texas credit: Email your name, Texas Bar number, seminar name, and the date of completion to info@lawprose.org. We’ll report your credit within the next five days.
California certificate: Email your name, California Bar number, seminar name, and the date of completion to info@lawprose.org. We’ll send you a California CLE Certificate for your self-reporting records within the next five days.
If you’re seeking credit elsewhere, please take the certificate of attendance from the program to use as part of your application for credit to your state bar. Please check with your state bar to see whether web seminars qualify.
Want more focused training on specific legal-writing skills? Professor Bryan A. Garner has created over 40 hours here for you. Learn the skills of legal writing and take the mystery out of the art.
Discounts & Watching as a Group
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