We’ve often heard the adage “do it afraid”, a piece of advice aimed at motivating individuals to face challenges head-on, despite their fears. However, when it comes to pressing responsibilities such as reviewing, revising, drafting, negotiating, and managing contracts, can fear be a detrimental factor to in-house lawyers?
For many legal professionals, their first in-house legal jobs are often marked by the gravity and complexity of the tasks. An example is a situation where an attorney primarily hired to handle litigation finds herself covering contract review tasks due to another lawyer’s early maternity leave. Despite the daunting task, the work has to be done—a motto that might resonate with a lot of in-house lawyers. A recently published article by Above the Law argues that just because in-house lawyers have done it afraid doesn’t mean that such an approach should be normalized.
As Charles M. Fox, founder of Fox Professional Development LLC suggests, the law of contracts as taught in the first-year contracts class rarely poses an issue in sophisticated commercial transactions. Instead, learning truly occurs in the form of on-the-job training, which is essentially an accretive process. The more one knows, the easier learning becomes as there are reference points that allow new knowledge to ‘stick’.
In recent years, there has been a rise in opportunities for practical contract training provided by practicing lawyers. Two such providers are Laura Frederick, who launched How to Contract in early 2021 and Nada Alnajafi, who launched Contract Nerds in 2020. These platforms present students and legal professionals with numerous resources to hone their real-world contract management skills.
Increasingly, law schools are incorporating experiential learning into their curriculums, including courses that focus on transactional skills. Law students now have better opportunities to develop contracting skills even before they graduate. For instance, Laura Frederick is set to launch ContractsCon—Law School Edition, a one-day workshop partnering with selected law schools to aid students in this endeavor.
The inaugural workshop, scheduled for October 21, 2023, in Ada, Ohio, will be in partnership with Ohio Northern University’s Claude W. Pettit College of Law. It will allow students to work alongside contract professionals on a one-day task-based assignment. Along with practical skills, students will be able to create a kit of their own contract toolbox complete with templates, checklists, and contract playbook.
Ultimately, the aim is to change the way in-house lawyers are prepared for real-life legal scenarios. No one should ever have to experience “doing it afraid” when it comes to contract law in practice.