Professional Skills

Introduction

The ability for lawyers to communicate in writing is an essential professional skill. The skill is used daily, in:

* writing letters, faxes, emails, memoranda, file notes

* drafting documents in commercial and private transactions

* drafting court and other documents in litigation.

Effective written communication expresses the intention of the writer or parties accurately, clearly, comprehensively and concisely.

This unit looks at the fundamental rules, elements and techniques of effective writing and drafting. The drafting of court and other documents in litigation is covered in Civil Litigation Practice.

Objectives

At the end of this unit you will be able to:

* identify the fundamental rules and elements of effective written communication

* write letters and other communications effectively

* identify the principal steps in drafting legal documents

* draft documents effectively.

Note:  In order to satisfactorily complete this unit, you must also complete the drafting activities in other subjects such as Civil Litigation Practice, Commercial and Corporate Practice and Property Practice.  No result will be recorded for this unit until you have completed those subjects.

ffective Writing and Drafting

Lawyers communicate in writing in many different ways. Letters, memos, emails, faxes, file notes and documents are examples.

To be effective, writing must:

* be clear, consistent and coherent

* meet the client’s instructions, and

* meet any legal requirements.

The quality of your writing makes a statement about you and your firm to the client, to other lawyers and professionals and to the public. 

There are three stages in the writing and drafting process: 

* planning

* drafting, and

* revision.

In this tutorial we will look at each of these stages. We will also consider some rules and techniques, involving the concepts of plain English drafting, that will help you to write and draft effectively. 

Planning...