Legal drafting is a writing process that manipulates facts to achieve a predictable and planned legal result your client desires. Lawyers are often required to prepare documents that make the law operate in such a manner as to accomplish the client’s goals.
Legal Drafting Process
- Identify the issues and understand the client's goals.
- Identify the facts that define what must be addressed in the document.
- Research the law: (a) implicated by the facts; and (b) implicated by the subject matter of the document.
- Use the law and facts to state the terms of the document that will accomplish the client’s goals.
- Communicate the terms to the client.
Specific Steps in Legal Drafting
- Obtain information from the client and other sources necessary to fully understand the client’s goals and the commercial context in which the parties operate.
- Prepare a rough draft expressing the basic agreement the client contemplates.
- Analyse the rough draft and the applicable law to identify planning and structuring opportunities available to the client.
- Redraft the agreement by applying the applicable law to accomplish the client’s planning, structuring, and underlying business goals.
- Use the client to test the document to ensure it will be appropriate for their business needs, including the client’s administration of the document
- Edit and revise the document to ensure the deal is stated using a format and language that are clear, concise, and functional.
You can improve your drafting skills with our Legal English Guide.
