You must actually study legal drafting
Myth: expertise in law qualifies you as a legal drafter.
Wrong. If it were true, the UCC and the Internal Revenue Code would be well drafted.
In other words, you may know a tremendous amount about corporate transactions and still be mediocre or even poor at drafting corporate-transaction documents. The two things are different.
In reality, legal drafting is an independent area of expertise in which you succeed not only through practice, but after study and research. What's more, legal drafting is a legitimate field of expertise, worthy of independent study and instruction. It supports a growing body of scholarship and a number of new and valuable texts, and its study is vital to the practice of law.
How much do you really know about legal drafting? Here's a short quiz:
- Name a text on legal drafting.
- What is the proper legal-drafting definition of shall?
- What is the difference between writing "such activities" and "those activities"?
- Why do drafters write "Four Hundred and no 100s dollars ($400.00)" and do they need to double-up that way?
- Explain the drafting problem in this sentence: "The rule applies to associations and corporations with offices in Texas."
6 Comments:
Response to 2, 3, and 5:
(2) Shall should be construed as a mandatory command or requirement.
(3) "Such" should refer to a universe of activities, some of which were previously described. In other words, such indicates that there are additional similar activities encompassed by the description. "Those" is restrictive and should be construed to refer only to activities previously described.
(5) I see a few problems: (a) "corporation" should be plural, (b) it is ambiguous whether "offices in Texas" refers to corporation[s] and associations, and (c) reference to "[t]he rule" is likely ambiguous, even if mentioned in a preceding sentance or heading; a better use would be to say "rule 38.1(v)," etc.
(1) Legal Drafting in a Nutshell
(2) Shall is used to impose a duty on a person or an organization. Must would be the proper term for non-persons.
(3) I agree with the other poster on "such activities" as being an example set versus "those activities" being a restrictive set.
(4) They do not need to double-up on the writing of numbers. However, if they do double-up, they should do it consistently throughout the document.
(5) The modifier "with offices in Texas" is ambiguous; does this appliy to only corporations, or both associations and corporations?
--from a random 3L-to-be
I have always wondered about item (4). When I was an articling student, a partner insisted that you should never double-up on numbers because if the document is amended it increases the chance of an error (ex. ten (5)). I have since always tried to eliminate the bracketed number but I often get staunch resistance. What is the correct approach?
Tracy.
Most experts who study legal drafting are against doubling up the numerals and text.
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