Book Details

Real World Document Drafting: A Dispute-Avoidance Approach, Second Edition

By Marvin Garfinkel

  • Softcover
  • 354 pp.
  • ISBN: 9780831899806
  • Order Code BK70
  • $159.00
  • ONLINE: 2010
  • Online
  • 354 pp.
  • $159.00

Marvin Garfinkel discusses a wide variety of problematic provisions from different types of transactions. He pinpoints and explains common drafting mistakes and traps. For example:


What 35 issues must you consider in drafting provisions concerning defaults (p. 186)

What are six key steps you should consider in the document negotiation process? (p. 29)

What is a “trumping provision” and what key language should the provision include (p. 186)

How do you draft a provision concerning “counterparts” that clearly establishes the agreement’s effective date (p. 70)

How should you negotiate and draft indemnification and exculpation provisions to best protect your clients? (p.233)


Real World Document Drafting® analyzes more than 50 sample provisions, contains more than 1000 footnotes, discusses more than 800 cases, and includes complete sample forms dealing with:


Letter of Intent and Term Sheet provisions

“Yellowstone” provisions

Important generic definitions

Alternative types of indemnification provisions