Pre-Litigation Drafting: Legal opinions, demands and settlements

Product Details:
Author(s):
Searle, G
Year Published:
2021
Edition
2nd Edition
Type:
Print | Soft Cover
Language:
English
About this publication
Pre-Litigation Drafting – Legal opinions, demands and settlements is a useful reference for anyone working in areas of law in which there is a need to comply with a host of legislative imperatives to write in ‘plain language’, or generally in a manner that meets the needs of a particular target audience including the imperative to write pleadings that are ‘clear and concise’.
The book is also of value to those who are new to the practice of law, and who seek guidance in preparing and planning legal documents that are written before litigation commences, such as opinions and letters of demand. Inspired by the UK Department of Justice ‘Pre-action Protocols’, the aim of the guidance is to provide a set of guiding principles for drafters to follow in writing documents that are effective in avoiding litigation. To this end the book now includes settlement agreements reached before summons is issued. The text applies these principles in a variety of hypothetical contexts
Key Features and Benefits
Written in plain language
Explains the imperatives for plain language in the National Credit Act and the Consumer Protection Act
Practical examples are used to illustrate the principles
Includes step-by-step guides to drafting letters of demand and legal opinions
Useful self-testing questions with answers for utilisation by lecturers in conducting tutorials or problem-based lectures and students in preparing for examinations
 
Content
Preface
Chapter 1: Introduction: the aim of this handbook
Chapter 2: Planning: the key to effective writing
Chapter 3: Addressing the needs of the target audience
Chapter 4: Punctuation with a purpose
Chapter 5: Analysis of legislative provisions: insightful legal reading is a prerequisite for effective legal writing
Chapter 6: Writing an opinion … that is helpful to the client 
Chapter 7: Introduction to settlement agreements
Chapter 8: Advice on quantum: ‘arriving at an award which accord(s) with previous awards in broadly similar cases’
Index
 
Interest / Benefit to
Lawyers & candidate attorneys
Advocates
Lecturers in legal drafting
Law students
Law libraries