Application information

We are no longer accepting applications for this course. If you are interested in applying for a future offering of the course please register for our Interested List. 

Solicitors and Trainees

To pay online click on the 'Register Now' button. For all other methods of payment 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 €175 bringing the total course fee to €1,900. No fees are required prior to approval.

Download

• Application form (word - for PC use)
• Application form (pdf - for handwritten use)
• Timetable
• Faculty booklet

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 structure
• Modules
• Workshops
• Assessments
• Who should attend?
• Faculty
• CPD  

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; 
• 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 general drafting advice, examining standard boilerplate provisions, before considering issues pertinent to specific practice areas in more depth. 

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 designed to be interactive and involve working on selected case-study problems and analysis, with an emphasis on the application of the law to common scenarios encountered in practice. 

Assessments

2,500-word written assignment (80%) and continuous assessment through online activities (20%).

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 for this course from suitably qualified non-members. Please note, for non-members this course is subject to a supplemental fee of €175 bringing the total course fee to €1,900. No fees are required prior to approval.

Faculty

The teaching faculty for this certificate will be drawn from solicitors, barristers, and others with expertise in negotiating and drafting commercial contracts. Previous lecturers have included the following:

• Martin Cooney, Partner, Byrne Wallace,
• Leonora B. Doyle, Senior Consultant Solicitor,
• John O’Keeffe, John O’Keeffe & Co, Solicitors,
• John Darby, Flynn O’Driscoll,
• Eimear Lyons, Mason Hayes & Curran,
• Andrea Lawler, A&L Goodbody,
• James Kinch, Chief State Solicitor’s Office,
• Shane King, CIE,
• James O’Rourke, Perrigo,
• Anne Bateman, Philip Lee Solicitors,
• Enda Garvey, Matheson.

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. 

The Diploma Centre team will host our annual CPD conference in November 2023. This complimentary event is a dedicated management and professional development skills and regulatory matters session. We will post an invitation on your Diploma Hub page later in the year. 

Contact

Geraldine Rafferty,  Course Leader: G.Rafferty@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.