Employment contracts represent an attempt to create certainty in an employment relationship. However, they will only create certainty if they are properly drafted. It is, therefore, important for drafting lawyers to understand the legal framework within which the courts operate in the employment law world. This session will provide lawyers with legal, practical, strategic and professional considerations in preparing employment contracts. The agenda will cover: • Why employment contracts are a good idea for organizations • How courts interpret employment contracts and what you need to minimize risk and maximize enforceability • What clauses employment contracts should contain and how to draft them • What types of clauses you may want to consider depending on the specific employee • What to do when dealing with unrepresented persons and conflicts of interest Professionalism Content: 30 minutes 1. Competence – Rule 2.01 (10 minutes=3.33 minutes/speaker) Addressing the issue of knowing when to seek help in specialized areas, which includes employment law – discussion of problems we see with poorly drafted restrictive covenants and termination provisions. 2. Conflicts – Rule 2.02 (10 minutes=3.33 minutes/speaker) Addressing the issue of knowing who your client is – you may be receiving directions from an employee of the company, but your client is the organization. Considering the organization’s interests vs the hiring manager/HR person. 3. Unrepresented Persons – 2.04 (10 minutes=3.33 minutes/speaker) Addressing the issue of negotiating employment contracts with unrepresented persons – canvassing the issue of urging ILA, and how to ensure the individual is not under the impression you are acting for them. Presenters • Kate Dearden • Carly Dunster • Adam Pennell • Maureen M. Quinlan • Paul S. Schwartzman