Certificate in Commercial Contracts

Start Date 07 March 2020 at 10:00 AM
Assessment 2,500-word written assignment (80%) and continuous assessment through online activities (20%). Final submission date: 10 June 2020.
Delivery Method Blended learning: onsite Saturday lecture and workshop sessions and online release of lectures.
CPD Hours The number of hours of CPD that you may claim in relation to this course will depend on the way in which you access each of the individual sessions.  For further information and the CPD booklet, see CPD scheme.
Course Leader Cian Monahan, Solicitor, Course Leader: C.Monahan@LawSociety.ie.

Price:

€1,550.00

This item is not available to book online

Application information

Applications for this course have now closed. If you are interested in applying for a future offering of the course, please register here for our Interested List. We would be happy to contact you when applications open for the next offering. We look forward to welcoming you to study with the Diploma Centre.

Solicitors and Trainees

To pay online click on the 'Book Now' button. For all other methods of payment including, draft, cheque and EFT please see our methods of payment .

Other Professionals

We welcome applications for this course from suitably qualified professionals. Your application must be approved before you can formally register on the course. To apply please email the following documents to diplomateam@lawsociety.ie :

  1. A completed application form (see below)
  2. Your Curriculum Vitae
  3. A short cover letter setting out your relevant experience

Please note, for non-members this course is subject to a supplemental fee of €100 bringing the total course fee to €1,650. No fees are required prior to approval.

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Further information on this course including course structure, module scheme, faculty and workshop dates are set out below. Clicking on the links will bring you directly to that section or simply scroll through to read all the content. 

Programme objectives

On completion of this training programme, participants will have attained: 

  • A comprehensive understanding of specific areas of commercial contracts, so as to build a complete understanding of the fundamental competencies required by the commercial lawyer;
  • Knowledge of the necessary skillset required of the commercial practitioner, including drafting, structuring and advising on a wide array of business arrangements across numerous industry sectors;
  • An insight into recent judicial decisions and legislative and procedural developments;
  • An ability to recognise when data protection issues arise in a commercial context; and
  • A greater understanding of the role of the commercial practitioner.

Programme structure and approach to learning

This course provides an understanding of the fundamental competencies required by the commercial lawyer when drafting, reviewing, and negotiating commercial agreements. It includes guidance on the structure and format of commercial contracts and emphasises the importance of using clear and concise language when drafting such agreements. Experienced practitioners provide drafting tips and best practice recommendations on how best to ensure that your commercial contracts provide legal and commercial certainty. The course begins with generic drafting advice, examining standard boilerplate provisions, before considering issues pertinent to specific practice areas in more depth. 

The programme is based on the following module scheme and covers key themes as listed below:

Modules

The programme is based on the following modular scheme and covers key themes as listed below:

Module 1: Drafting commercial agreements

  • Standard contract structures, rules of interpretation, implied and express terms,
  • Proficient drafting, terminology, business acumen, expectation management,
  • Negotiating contracts and risk management, due diligence,
  • Dispute resolution options, remedies and enforcement.

Module 2: Commercial agreements

  • Supply agreements, key terms and legislative provisions,
  • Agency and distribution agreements, role of the commercial agent, termination clauses,
  • Outsourcing, service description, performance indicators.

Module 3: Technology and e-commerce

  • E-commerce regulations,
  • Website terms and conditions, website privacy statements,
  • Software licencing, concept of licensing, limitation of liability,
  • Intellectual property, copyright, patentability.

Module 4: Consumer law

  • Core legislative provisions,
  • Unfair practices,
  • Core/non-core unfair terms.

Module 5: Data protection

  • Data protection concepts, role of the Data Protection Commissioner,
  • Legitimate processing and retention of data, Safe Harbour principles,
  • Data transfers, data subjects rights and notification requirements.

    Module 6: Public procurement and tendering

    • Works, services or supply contracts,
    • Procurement rules and procedures,
    • Tender evaluation, selection criteria,
    • Procurement strategy checklist.

    Workshops

    Workshops are interactive sessions that focus on group problem-solving and are designed to reinforce lecture content from a more practical perspective and to consolidate the participant’s knowledge. 

    WorkshopTitleDateTime Description
    1Workshop  1 Saturday 18 April 202010:00 - 15:30Practical application through case studies and drafting exercises of issues encountered in lectures relating to supply, agency and distribution agreements and share purchase agreements.
    2Workshop  2Saturday 09 May 202010:00 - 16:00Practical application through case studies and drafting exercises of issues encountered in lectures relating to technology and e-commerce contracts, website terms and conditions, and data protection provisions.


    Assessments

    2,500-word written assignment (80%) and continuous assessment through online activities (20%). Final assessment submission date: 10 June 2020.

    Who should attend?

    The course is suitable for:

    • Public sector, private sector and in-house solicitors who deal with commercial contracts on a daily basis,
    • Trainee solicitors and students seeking to expand their knowledge of the commercial industry,
    • Barristers who practice in the areas of commercial litigation, chancery and contract law, and
    • Other suitably qualified professionals who are involved in negotiation and drafting commercial agreements.

    We welcome applications from others who are suitably qualified. Please explain your interest and set out any relevant experience in a cover letter and a brief CV. Such applications are subject to a supplemental fee of €100. 

    Faculty

    Lecturers and tutors will be drawn from solicitors, barristers, and others with expertise in negotiating and drafting commercial contracts. Previous lecturers have included the following:

    • Leonora B. Doyle, Senior Consultant Solicitor,
    • John O’Keeffe, John O’Keeffe & Co, Solicitors,
    • John Darby, Flynn O’Driscoll,
    • Eimear Lyons, Mason Hayes & Curran,
    • Leo Moore, William Fry,
    • Andrea Lawler, A&L Goodbody,
    • James Kinch, Chief State Solicitor’s Office,
    • Shane King, CIE,
    • James O’Rourke, Perrigo,
    • John Whelan, A&L Goodbody,
    • Anne Bateman, Philip Lee Solicitors.

    CPD

    We have designed our courses to enable you to satisfy as much of your CPD requirement as possible. Time spent attending lectures and workshops in person or completing these via e-learning as part of your course can be claimed towards your annual CPD requirement. The number of hours of CPD that you may claim in relation to your diploma/certificate course will depend on the way in which you access each of the individual sessions. For further information, visit the CPD scheme and download the CPD booklet.

    Contact

    Cian Monahan, Solicitor, Course Leader: C.Monahan@LawSociety.ie .

    *Every effort has been made to ensure the information contained in these pages is accurate and up to date. However timetables and course content are subject to change and date and time changes may occur due to factors beyond our control.

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    Price:

    €1,550.00

    This item is not available to book online