CLE And Business Education Speaker

Mark created this entertaining program based on his article, How to Draft a Bad Contract. Course materials include a copy of Mark’s article and a PowerPoint presentation that includes numerous boilerplate clauses in plain English and explains why they are important. Designed to be a 1/2 day program, Mark can present a shorter version or combine it with his Plain English program for an all day event.

Mark first became interested in this topic as a collections lawyer.  He wrote the seminal Proof of Facts article on this topic (45 POF3d 1) and co-authored an article on it for Causes of Action.  He has litigated many cases involving corporate veil issues.  This entire area of law is, as Justice Cardozo once wrote, “Enveloped in the mists of metaphor.”  Mark will help lawyers unlearn the inaccurate information they received in law school and help them understand the topic in a new way. Click here for PowerPoint

“There are two things wrong with almost all legal writing. One is its style.  The other is its content.” – Prof. Fred Rodell, Yale Law School.

There is no good reason for lawyers to write in the archaic style popular in England three hundred years ago. Plain English is writing that is clear, concise, and readily understood by the target audience. The use of plain English lowers costs, improves productivity, increases credibility and reduces misunderstandings.  A fierce advocate for plain English, Mark teaches attendees the benefits of plain English and how to rid their writing from the scourge of Legalese.  Normally a 1/2 day program, Mark can tailor it to your organization’s needs.  He can also present a similar program for non-lawyers called Plain English for Business. Click for article

The Vietnam War saw the United States – the world’s mightiest military power – attempt to prevent communists from taking South Vietnam.  Many battles pitted the U.S. against the Viet Cong.  The U.S. lost the war.  Like war, litigation involves conflict.  What can the Viet Cong teach us about litigating against an opponent with vastly superior resources?  In this presentation, Mark (a former Air Force lawyer) draws on his study of armed conflict and 38 years of legal experience to teach lawyers how to litigate against large firms and better funded opponents.  Normally a half-day program.

Click here for the PDF

Would you like to clarify your thinking? Construct more persuasive arguments? Improve your writing? Reduce misunderstandings? You can. Just avoid using the verb to be. To be creates problems because we tend to use it like an equal sign. We say, “The cat is white.” But cat and white are two different concepts. Cat denotes an animal. White denotes a color. If we can’t use is, we must instead say something like, “The cat has white fur”—a more accurate statement.  E-Prime is a form of English that avoids the verb to be.  It is part of a field of study known as General Semantics.  Mr. Cohen is a member of the Institute of General Semantics. In this presentation, Mark helps attendees see language in a new way — a way that will improve their writing and clarity of thought.  This  is a half-day program, but Mark can combine it with his Plain English program.