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This book gives the practitioner a detailed treatment of the principles and applications of effective legal drafting. New material on drafting strategy, "verbal sexism", and the use of computers for word processing of legal documents is included in the work.
A comprehensive guide to writing and drafting from the first stage of preparation to the final edit. Features checklists, worked examples and chapters on using email, and designed to accompany readers from vocational study through to their qualification as solicitors as well as throughout the early years of practice.
This dynamic paperback text presents a highly effective, classroom-tested process for legal drafting. Prepared with this practical strategy, students will move beyond merely filling in the blanks to create the customized documents clients need, and adapt preexisting forms to new uses. Divided into two parts, the text first introduces the process approach to legal drafting before applying that approach to particular types of documents. This two-part organization easily adapts to your specific course needs and gives you great flexibility in choosing and combining chapters. The book's seven chapters cover an introduction to legal drafting, the process of legal drafting, careful writing, and drafting estate planning, contracts, pleadings, and legislation. In addition, numerous examples, illustrations, and exercises in every chapter reinforce the skills your students need to draft provisions from scratch, edit existing provisions, and create entirely new documents. Each substantive chapter concludes with a document, annotated with editorial comments that illustrates the drafting process.
BASIC LEGAL DRAFTING offers down-to-earth instruction on how to draft well-organized and clearly articulated legal documents. A culmination of twenty-five years of teaching in the highly regarded Legal Drafting Program at the University of Florida College of Law, the book is designed to be used as a resource for law students and practicing attorneys, as well as a textbook for drafting classes. The text is particularly strong in its discussions of how to organize a document, often the most difficult task facing a drafter and typically under-addressed in other drafting manuals. Equally useful are the very concrete recommendations on how to articulate the language of a document in order to achieve clarity and precision. The text helpfully distinguishes traditional drafting principles from common conventions and stylistic preferences. The litigation chapter addresses complaints, answers and motions. Useful examples range from a simple negligence complaint to a complex statutory-based multi-count complaint and appropriate responses. The contracts chapter includes an extensive discussion, with examples, on how to create for any contract a logical, coherent framework that underlines the drafter's (and presumably the client's) intentions. The chapter addresses in detail the articulation of particular provisions, including definitions, termination and exculpatory provisions. Its comprehensive discussion of how to recognize and avoid various types of ambiguity will prove useful beyond the contract drafting context. The legislation chapter identifies common legislative protocols and applies, within those protocols, many of the organization and articulation principles set out in the contracts chapter. While the text uses litigation documents, contracts and legislation as the bases for its discussions, Basic Legal Drafting offers practical, realistic advice and instructions that will be useful to the drafter of any type of legal document.
In the second edition of this highly regarded text, the authors show how and why traditional legal language has developed the peculiar characteristics that make legal documents inaccessible to the end users. Incorporating recent research and case law, the book provides a critical examination of case law and the rules of interpretation. Detailed case studies illustrate how obtuse or outdated words, phrases and concepts can be rewritten, reworked or removed altogether. Particularly useful is the step-by-step guide to drafting in the modern style, using examples from four types of common legal documents: leases, company constitutions, wills and conveyances. Readers will gain an appreciation of the historical influences on drafting practice and the use of legal terminology. They will learn about the current moves to reform legal language, and receive clear instruction on how to make their writing clearer and their legal documents more useful.
Contract Drafting: Powerful Prose in Transactional Practice presents an overview of the stages in the contract process and offers a comprehensive introduction to the substantive areas addressed in transactional documents. In fourteen lessons, readers will learn how to work from prior documents to produce effective and complete legal documents that protect the client's interests.
The focus of this manual is not what provisions to include in a given contract, but instead how to express those provisions in prose that is free ofthe problems that often afflict contracts.