Legal Drafting : Why and How of Upskilling for Professionals?
Bhumesh Verma
International Corporate Lawyer | M&A | Foreign Investments | Contracts | Managing Partner @Corp Comm Legal | Adjunct Professor | Professional Upskilling and Career Coach | Author | Solution Provider
Sir, we had only one paper in our course on legal drafting, encompassing 100 types of documents, with no real insights or benefits. We did not get to learn enough to draft even one document properly. On top of it, our college did not invite any industry expert to provide us practical insights or exposure to legal drafting skills. Now, I am at a crucial point in my career, often faced with assignments pertaining to drafting or review. How do I handle it?
I am inundated with such queries regularly from legal professionals who did not receive adequate training or exposure to legal drafting during their law school years.
However, it is never too late to begin. Practicing lawyers can take several practical steps to enhance their drafting skills. Here are some suggestions, along with the benefits they will gain from honing these skills:
Workshops and Seminars
Participate in legal writing workshops or seminars offered by legal organisations, law firms, or community groups. These often provide practical advice and hands-on exercises.
Courses and Resources
Utilise online platforms that offer courses on legal drafting. Many providers feature courses specifically on contract drafting, brief writing, and memos.
Mentorship
Seek out mentorship from experienced lawyers or legal professionals. A mentor can provide guidance, feedback on drafts, and insight into effective drafting techniques.
Simulation Practice
Join or create study groups where members draft various legal documents (e.g., contracts, motions) and critique each other's work. This peer review process can enhance learning significantly.
Read and Analyse Legal Documents
Spend time reviewing and analysing well-drafted legal documents. This includes contracts, briefs, and statutes. Understanding what makes these documents effective can provide practical drafting insights.
Guides and Textbooks
Invest in legal writing guides and textbooks that outline best practices, techniques, and common pitfalls.
?Feedback
Actively seek feedback on drafted documents from colleagues or supervisors. Constructive criticism is essential for development and helps identify areas for improvement.
Clarity and Brevity
Focus on writing clearly and succinctly. Practice rewriting complex sentences to make them simpler and more accessible, enhancing readability.
Drafting Portfolio
Create a portfolio of drafts, revisions, and final documents. Reviewing this over time can highlight improvements and help track progression in drafting skills.
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Professional Organisations
Engage with organizations focused on legal writing or specific practice areas. Networking with members and attending events can expose professionals to best drafting practices.
Benefits of Honing Legal Drafting Skills
A. Enhanced Professional Reputation
Improved drafting skills lead to higher-quality documents, boosting a lawyer's reputation for thoroughness and competence in their practice.
B. Increased Efficiency
As drafting skills improve, legal professionals can produce documents more quickly, improving workflow and allowing more time for other tasks.
C. Client Relationships
Clear and effective drafting enhances communication with clients, building trust and reducing misunderstandings regarding legal documents and processes.
D. Fewer Errors
A strong grasp of drafting reduces the likelihood of errors and omissions in legal documents, mitigating liability risks and improving overall accuracy.
E. Greater Persuasiveness
Enhanced legal writing skills lead to more persuasive briefs and motions, potentially affecting the outcomes of cases favourably.
F. Career Advancement
As drafting skills improve, lawyers may find greater opportunities for advancement, including promotions or transitions into roles that require stronger writing capabilities.
G. Adaptability Across Disciplines
Strong drafting skills are transferable across different practice areas, making professionals versatile and capable in diverse legal contexts.
H. Regaining Confidence
Improving drafting skills can boost a lawyer's confidence in their abilities, leading to greater participation in significant projects and responsibilities.
?By actively engaged in these strategies, legal professionals can significantly enhance their legal drafting skills, ultimately benefiting their career and the quality of their work.
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Besides legal practice, I mentor serious legal practitioners on upskilling themselves in drafting skills. You may follow or contact me Bhumesh Verma
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1 个月Munyonzwe Hamalengwa
Chartered QS, FIDIC Certified Contract Manager, Associate-Institute of Construction Claims Practitioners (AICCP), Certified Construction Contract Administrator, Certified Cost Engineer and Professional Civil Engineer
1 个月It's always a challenge not only in drafting contracts and other legal documents, but communications as well. Whether you are a lawyer, engineer, accountant or doctor, most of your audience (including most customers and employers) are laymen. The technical, legal, or commercial text of your document needs to be refined and written in a manner that can be clearly understood (without or with minimal ambiguities) by the reader.
Lawyer | Advocate | Litigation Practitioner | Contracts & Consulting | Negotiator | Qualified Independent Director | CLAT Faculty | Academician helping students and professionals with Negotiation Skills
1 个月Bhumesh Verma amazingly put and worded. I think it's more of a mindset issue than a resource one. Every University and College should have a practical semester even for Law students prior to passing out, just like Medical. If that's done, we would definitely see pure form of droplets sweetening the pond, as of now, it's just a sea of random waves