Contract Specialists play a crucial role in organizations by ensuring that agreements with vendors, clients, and partners are legally sound, financially beneficial, and aligned with company objectives. The effectiveness of your contract management directly impacts your organization's risk exposure, financial health, and operational efficiency.
Finding the right Contract Specialist requires more than just reviewing resumes and conducting standard interviews. While candidates may claim expertise in contract review, negotiation, and risk assessment, their actual abilities in these areas can only be accurately evaluated through practical demonstration. Work samples provide a window into how candidates approach real-world contract scenarios and reveal their analytical thinking, attention to detail, and communication skills.
The exercises outlined below are designed to simulate the day-to-day responsibilities of a Contract Specialist. By observing candidates as they navigate these scenarios, you'll gain valuable insights into their technical knowledge, problem-solving approach, and ability to protect your organization's interests while facilitating business objectives.
Implementing these work samples will help you distinguish between candidates who merely understand contract theory and those who can effectively apply that knowledge in practical situations. This distinction is critical, as the consequences of poor contract management can be costly and far-reaching.
Activity #1: Contract Review and Issue Identification
This exercise tests a candidate's ability to thoroughly review a contract, identify potential issues, and communicate those concerns clearly. Contract review is a fundamental skill for Contract Specialists, requiring attention to detail, legal knowledge, and the ability to recognize language that could create risk or disadvantage for the organization.
Directions for the Company:
- Prepare a sample contract (5-7 pages) with 8-10 deliberately embedded issues of varying complexity. These might include unfavorable terms, ambiguous language, missing clauses, compliance issues, or inconsistencies.
- Provide the candidate with the contract and your company's standard contract guidelines or requirements.
- Allow 45-60 minutes for the review.
- After the candidate completes their review, have them present their findings to the interview panel.
Directions for the Candidate:
- Review the provided contract thoroughly, identifying any issues, concerns, or areas that require clarification or modification.
- Document each issue found, explaining why it's problematic and suggesting alternative language or approaches.
- Prioritize the issues based on their potential impact on the organization.
- Prepare to present your findings, focusing on the most critical issues first.
Feedback Mechanism:
- After the presentation, provide feedback on one aspect the candidate handled well (e.g., "You effectively identified the liability clause issue and proposed a balanced solution").
- Offer one area for improvement (e.g., "You might have missed the implications of the payment terms section").
- Ask the candidate to revisit one of the issues based on your feedback and provide a revised approach or solution.
Activity #2: Contract Negotiation Role Play
This exercise evaluates the candidate's negotiation skills, which are essential for securing favorable terms while maintaining positive business relationships. Effective Contract Specialists must balance firmness on key issues with flexibility on less critical points, all while communicating professionally.
Directions for the Company:
- Develop a negotiation scenario involving 3-5 contract terms that need to be discussed with a vendor or client.
- Provide the candidate with your company's position, priorities, and acceptable ranges for each term.
- Assign a team member to play the role of the vendor/client representative with clear instructions on their position and flexibility.
- Allow 20-30 minutes for the negotiation exercise.
Directions for the Candidate:
- Review the contract terms under negotiation and your company's position on each.
- Prepare your negotiation strategy, identifying which terms are most important and where you have flexibility.
- During the role play, work to reach an agreement that meets your company's key objectives while maintaining a positive relationship with the other party.
- Be prepared to explain your reasoning for compromises or firm positions.
Feedback Mechanism:
- Provide feedback on a strength demonstrated during the negotiation (e.g., "You effectively used data to support your position on pricing").
- Offer one suggestion for improvement (e.g., "Consider exploring more creative solutions when faced with an impasse").
- Give the candidate an opportunity to renegotiate one of the terms incorporating your feedback.
Activity #3: Contract Clause Drafting
This exercise assesses the candidate's ability to draft clear, protective contract language. Contract Specialists must be able to translate business requirements into precise legal terms that protect the organization while being understandable to non-legal stakeholders.
Directions for the Company:
- Create a scenario where a specific contract clause needs to be drafted or modified (e.g., a data security provision, intellectual property rights, or termination clause).
- Provide context about the business relationship, any specific concerns, and your company's standard requirements.
- Include any industry or regulatory requirements that should be addressed.
- Allow 30-45 minutes for the drafting exercise.
Directions for the Candidate:
- Based on the provided scenario, draft the requested contract clause.
- Ensure your language is clear, comprehensive, and legally sound.
- Balance protection for your company with fairness to maintain a positive business relationship.
- Prepare to explain your drafting choices and how they address the specific business needs and risks.
Feedback Mechanism:
- Highlight one strength in the candidate's draft (e.g., "Your language effectively addresses the confidentiality concerns while being concise").
- Provide one area for improvement (e.g., "The enforcement mechanism could be strengthened").
- Ask the candidate to revise the specific portion of the clause that could be improved.
Activity #4: Contract Risk Assessment and Mitigation Plan
This exercise evaluates the candidate's ability to identify potential risks in a contract situation and develop practical mitigation strategies. Contract Specialists must think beyond the document itself to consider business implications and implementation challenges.
Directions for the Company:
- Develop a scenario involving a complex contract situation (e.g., entering a new market, working with a financially unstable vendor, or implementing a new service model).
- Provide relevant background information, including business objectives, stakeholder concerns, and any previous experiences with similar situations.
- Include some financial data or performance metrics to add depth to the scenario.
- Allow 45-60 minutes for the assessment and planning.
Directions for the Candidate:
- Review the scenario and identify the top 5-7 contract-related risks.
- For each risk, assess its likelihood and potential impact.
- Develop specific mitigation strategies for each identified risk, including both contractual protections and operational measures.
- Create a brief implementation plan for your recommended mitigations.
- Prepare to present your assessment and recommendations.
Feedback Mechanism:
- Provide positive feedback on one aspect of the risk assessment (e.g., "Your analysis of the financial stability risks was thorough and practical").
- Offer one area for improvement (e.g., "Consider how regulatory changes might affect this contract relationship").
- Ask the candidate to develop an additional mitigation strategy for the risk area you highlighted.
Frequently Asked Questions
How long should we allocate for these work sample exercises?
Each exercise requires 30-60 minutes for the candidate to complete, plus time for feedback and discussion. Plan for at least half a day if you want to use multiple exercises, or spread them across different interview stages.
Should we provide these exercises before the interview or have candidates complete them on-site?
For Activities #1 and #3, you might consider sending materials 24 hours in advance to allow for thorough review and preparation. Activities #2 and #4 work better as on-site exercises since they involve interaction and spontaneous thinking.
How can we evaluate candidates fairly if they have different industry backgrounds?
Focus on the fundamental skills being demonstrated rather than industry-specific knowledge. You can also customize the scenarios to be industry-agnostic or provide sufficient background information to level the playing field.
What if we don't have team members who can effectively role-play the negotiation counterpart?
Consider bringing in someone from your procurement, sales, or legal team who regularly negotiates with external parties. Alternatively, provide clear scripts and guidance to ensure consistency across different candidates.
Should we use the same contract for all candidates in the review exercise?
Yes, using the same contract with the same embedded issues ensures you can make direct comparisons between candidates. However, you may want to have 2-3 versions available if candidates might share information.
How much weight should we give to these exercises compared to traditional interviews?
These work samples should account for at least 50% of your evaluation, as they demonstrate actual skills rather than self-reported abilities. Traditional interviews remain valuable for assessing cultural fit and communication style.
The investment you make in designing and implementing these work samples will pay dividends in identifying Contract Specialists who can truly excel in protecting your organization's interests while enabling business growth. By observing candidates in action, you'll gain confidence in their ability to handle the complex contract challenges your organization faces.
For more resources on optimizing your hiring process, visit our guides on creating effective job descriptions, generating insightful interview questions, and developing comprehensive interview guides.