I. |
Reasons for drafting corporate documents |
|
A. |
|
Codify the substance of the transaction so both sides are clear as to the rights, duties and expectations |
|
B. |
|
In the event of a dispute, the intent, rights, duties and expectations to interpreted |
II. |
Know the client's expectations |
|
A. |
|
Understand the goal |
|
B. |
|
The proposed timing of the transaction |
|
C. |
|
The risk of the transaction |
|
D. |
|
The risk profile of the client |
|
E. |
|
The amount of post-transaction flexibility |
III. |
Structure of the document |
|
A. |
|
Move from basic to specific information |
|
B. |
|
Have descriptive headers and sub-headers |
|
C. |
|
Identify redundant and repetitive information |
|
D. |
|
Draft document in plain English |
IV. |
Constructing effective sentences to use in drafting |
|
A. |
|
Parallel verbs |
|
B. |
|
Passive voice |
|
C. |
|
Personal pronouns |
|
D. |
|
Redundancies |
|
E. |
|
Superfluous words |
V. |
How to use words to construct effective sentences |
|
A. |
|
Confusing terms and phrases in drafting |
|
B. |
|
Words commonly misused in legal writing |
VI. |
The use of authoritative words in drafting |
VII. |
Using correct grammar in drafting |
VIII. |
Miscellaneous or General Clauses in drafting documents |