If I said I am going to teach a class on legal drafting, I might mean three different things:"Legal drafting" can mean the preparation of any written legal document--a motion, a letter, a brief, a memo, or a contract. Lawyers and law teachers use the phrase in this way all the time: "Draft a brief" or "draft a letter."

"Legal drafting" can mean the task of preparing a transaction, which includes a lot more than putting words on paper. It includes the substance of the underlying law, strategies for representing a client in a transaction, the skill of negotiation, and the ability to close a transaction.

"Legal drafting" can mean the writing of binding legal text. It is the skill of putting words on paper to create rights and duties.I use the phrase "legal drafting" only in the third sense. For the meaning in number 1, I say "legal writing." For the meaning in number 2, I say "transactions."

Teaching legal drafting as I conceive it is not as simple as it sounds. I've been teaching it for 10 years, and I cover a lot of things that are strictly putting words on paper. I'll list them tomorrow.

A related bonus of a plain language style is the potential for reducing mistakes. Traditional legal language tends to hide inconsistencies and ambiguities. Errors are harder to find in dense and convoluted prose. Removing legalese helps lay bare any oversights in the original. --Peter Butt & Richard Castle, Modern Legal Drafting: A Guide to Using Clearer Language 89 (Cambridge U. Press 2001).

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The first step in drafting any legal or law-related document is to fully understand its context, which includes studying the language used by the courts, attorneys, and/or legal scholars regarding the issue. For those new to legal drafting, or unfamiliar with an area of the law, a legal dictionary can be invaluable. Some of the most popular legal dictionaries are:

Legal writing can be challenging for both novice and experienced writers. Fortunately, scholars produce legal writing guides to help new legal writers know where to begin and help advanced legal writers polish their work. The Law Library of Congress has several of these manuals in its collection, including:

We hope you found this guide helpful. Do you have a favorite resource related to legal drafting? Please let us know in the comments section. If you have any questions, please contact the Law Library of Congress.

Thank you guys so much for all of the resources that you provide. Lately I have had a hard time finding a good attorney for my legal issues or not able to afford an attorney. So I decided to do it myself. With the resources that you provide, I feel a lot better about my decision to do it myself. Thanks again and again!

Thomson Reuters conducted a nationwide study to determine whether legal drafting technology reduces the risk of errors and cuts down on review time, as compared to manual drafting. The phone survey included 56 attorneys from around the country from different sized firms whose practices included corporate, real estate, contracts, litigation, and others. All study participants were active users of legal drafting software for at least two months.

The course will cover structuring and drafting of international sales and service transaction contracts for commercial enterprises and government institutions. Our work will include analysis of contracts from major industry sectors such as manufacturing, technology, commodities supply, energy, telecommunications, transport and logistics, media, entertainment, hospitality and tourism. Our course will cover basic legal rules and issues for international contracts, and essential tools used by parties to such transactions, including INCOTERMS and Letters of Credit. We will focus on composing documents that efficiently accomplish clients' objectives, provide clarity for the parties and subsequent users, manage and mitigate risks, avoid disputes and provide guidance for regulators, courts and arbitrators. Instruction will include short hands-on drafting and editing assignments and in-class exercises to illustrate good drafting techniques and lawyers' use of use of available model contracts and other resources. Grading will be based on regular drafting and revision assignments, class participation and an open-book take-home final exam (subject to administrative approvals).

Legal Drafting introduces students to research, analytical, and writing skills related to drafting legal documents that govern future behavior. In the transactional drafting class, students practice drafting skills used in private transactions by drafting and revising private party contracts. In the legislative and regulatory drafting class, students practice drafting skills related to public laws by drafting and revising statutes and regulations. Both classes emphasize modern drafting concepts and practical skills.

Legal drafting is a structured method of writing legal documents, whether court pleadings or employment contracts, that abides by the law and includes legal language that's appropriate for the document and the situation in which it will be used. Those in the field may refer to legal drafting in the following contexts:

Legal drafting is important because the process helps to make sure that legal documents are formatted correctly, that all parties who are involved in the document are happy with the details of it, that jargon is explained, and that everything you'll be presenting to the court or another presiding body is laid out as it should be. A legal document should explain its purpose, be amenable to all parties, and be drafted in such a way that it's legally binding and acceptable in the eyes of a court.

An error in a legal draft, however small, can severely affect the meaning of that document and have long-term consequences, especially if it's a legal document that is signed and executed and that all parties must abide by moving forward. A well-constructed document can make a big difference by helping an attorney win cases in court or preventing lengthy mediations in the workplace over an employment contract dispute.

Even highly experienced attorneys who have been drafting legal documents for a countless number of years could benefit from taking advantage of resources to help them draft up legal documents. Here are just some of the resources out there:

Doing legal drafting correctly is a tricky process that often takes many years of experience to perfect. Consider hiring a contract lawyer through Contracts Counsel where all lawyers are vetted and handpicked to ensure you get everything done right.

Welcome to the House Office of the Legislative Counsel Guide to Legislative Drafting. The purpose of this online guide is to provide an overview of the drafting style and conventions used by the House Office of the Legislative Counsel in order to facilitate communication and collaboration between the attorneys of the Office and their clients.

As discussed above, when legislation cites a statutory provision that is not part of a positive law title of the U.S. Code, the citation must be to the underlying statute, not to the Code. This presents a logistical problem, because the original slip law and the Statutes at Large are not updated to reflect any amendments since enactment. For this reason, access to a compilation of the statute that includes the amendments is an enormous drafting aid.

Note that the amendatory instructions are outside the quotes while the new paragraph is inside the quotes. This image was taken from the drafting software used by the House Office of the Legislative Counsel, which shows the material inside the quotes in blue.

Normalized legal drafting is a mode of expressing ideas in statutes, regulations, contracts, and other legal documents in such a way that the syntax that relates the constituent propositions is simplified and standardized. This "normalization" results in documents that are easier to understand in the dual sense that they can be read faster and more accurately than corresponding documents that are not normalized. The query method is a technique for familiarizing learners with normalized drafting and providing practice in some of the easier aspects of doing it.

Thanks for pointing out that assuming a certain amount of background knowledge is a good idea when working in legal drafting. I feel like this would apply to all sorts of situations, like writing a will as well. This would be one reason why it would be helpful to have a lawyer to help you read these documents as well when they were drafted by someone else.

I am a foreign associate in a big law firm in the US. I mostly do transactional work with Latam countries, so I do a lot of work reviewing and drafting documents in Spanish. My level of English is, of course, competent for some tasks (writing emails, talking with clients, etc.) but when I need to draft documents in English or mark up clauses in a legal document I really struggle with the language.

The prophets of doom like to proclaim the end of the legal profession as we know it, and the replacement of lawyers by robots. In reality, AI is simply not yet good enough to replace lawyers, however long they may take to deliver legal services.

If a significant part of your legal practice consists of drafting in a way in a way that adds little knowledge gained through personal experience or interpersonal learning (such as strategy, commercial awareness, industry insights, best practices, etc.) then yes, you should be worried.

Or maybe you are thinking that the type of work you do, is not readily available in public texts available on the Internet (e.g., because you are located in a small jurisdiction or active in a very special legal subject matter), so that GPT-4 is simply not trained to compete with you.

Or maybe you are thinking that cool new technologies are periodically hyped, but have never had a real measurable impact on legal work. This was definitely the case with blockchain, so-called "smart contracts" and the Web 3.0 fad, and to a significant extent also with past applications for artificial intelligence. ff782bc1db

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