If you are working with a team of attorneys, it is important to understand their personalities. Do they often come to a hard boil? How do you manage their differences? How will the case come out?
If you are representing yourself in a legal matter, it is important to know how to communicate properly in front of the judge. For example, in court you should never argue with the court clerk over a legal issue unless you can prove your dominance. In this type of situation you might get found guilty and your sentence could include jail time or a hefty fine. It is also not a good idea to cross-examine a witness since that witness has just as much information about the opposing lawyer as you do.
When learning about legal drafting, it is helpful to watch an actual case unfold on the dais. One example would be to read the motions of a case in front of you and then to take notes during the proceeding. Then when you are done reading, take a minute to jot down any legal observations that you see.
You need to understand what a discovery is. What is it and how does it affect the case? Are there exceptions to discovery? For instance, are there privileges that you must honor? Will you be able to use newly discovered evidence in your favor? Only if these questions are answered will you be able to benefit from them.
Have you ever seen a “peek of the sky”? This is when a court allows one of the lawyers on either side of a case to sit behind a desk and look at the proceedings in the court room. They call it a peek of the sky because most people cannot actually see the skies.
Another example would be a mock trial in a court house. In these mock trials, the attorneys are blindfolded and are allowed to ask any question they want to the judge, lawyer or court room clerk. The point of this exercise is for the attorneys to become familiar with the workings of the court. The same concept can be applied to the drafting of legal documents. The only difference between this example and the real trial is that the participants in the mock trial do not have the opportunity to present their own argument and defenses and the judge and the court room clerk cannot ask them questions.
If you ever need to take a legal drafting class, the internet can be a great resource. You should take a legal drafting class if it will help you better understand what legal documents are written and how they should be worded. If you want to become a better lawyer, a legal drafting class may be just what you need. This subject is very important and understanding it will take you a long way in your legal career.
One excellent legal document example is the U.S. Congressional Report on the Enclosures Act of 1866. This example discusses various law enforcement methods to seize criminals and other people who have violated the law. There are some very interesting charts and graphs as well.
The International Business Cases Manual is another example of legal drafting that might be something you would want to take a look at. This manual discusses every aspect of international business law and also goes into the history of international commerce laws. It takes you through all the main issues that affect businesses around the world and illustrates all the legal theories and reasoning that they use.
There are many more legal examples out there but these should get you started in learning about legal drafting. Even if you do not take an actual course in legal writing, you can still learn a lot by reading legal textbooks and listening to legal podcasts. The more you learn, the more prepared you will be when you need to write legal documents yourself or for someone else.
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