Legal Definitions - clean draft

A clean draft refers to a version of a legal document that has been prepared without any visible editorial marks, such as tracked changes, comments, or strikethroughs. It represents a polished version, often after multiple rounds of revisions have been incorporated, making it easy to read and review as if it were a final document, even if further changes are still anticipated. The purpose of a clean draft is to present the current state of a document clearly and concisely, free from the clutter of the editing process.

• Example 1: Contract Negotiation

  Imagine two companies, "Tech Innovations Inc." and "Global Services Ltd.," are negotiating a complex software licensing agreement. Their respective legal teams have exchanged several versions of the contract, using "track changes" in their word processing software to highlight proposed edits, additions, and deletions. After several rounds of discussions, many of these proposed changes are accepted and incorporated. Before sending the document to the CEOs for final approval, the lead attorney for Tech Innovations Inc. compiles all the agreed-upon revisions into a new document.

  This new document, which shows no redlines, no comments, and no visible history of the previous negotiations, is a clean draft. It allows the CEOs to read the agreement as it currently stands, without being distracted by the extensive history of edits, making their final review more efficient and focused on the substance.

• Example 2: Will and Estate Planning

  A client, Ms. Eleanor Vance, is working with her attorney to draft her last will and testament. After receiving the initial draft, Ms. Vance reviews it and provides feedback, requesting several changes—such as adding a specific charitable bequest, changing the designated executor, and clarifying certain distribution clauses. Her attorney then incorporates all these requested modifications into the document.

  The revised document, which now includes all of Ms. Vance's feedback but presents the text without any visible marks indicating where changes were made from the previous version, is a clean draft. It is presented to Ms. Vance for her final review before she signs it, ensuring she sees the document exactly as it will appear when legally executed, without any distracting editorial notations.

• Example 3: Court Filing Preparation

  A legal team at a law firm is preparing a detailed motion to dismiss a lawsuit, which will be filed with the court. Multiple attorneys and paralegals have collaborated on the document, reviewing and editing different sections, adding internal comments, and using "track changes" to suggest improvements. Before the final version is submitted to the judge, the lead attorney wants to ensure the document is perfectly formatted and free of any internal notes or editing marks.

  The version of the motion that has all tracked changes accepted, all internal comments removed, and presents the document in its final, polished form for official submission to the court is a clean draft. This ensures the court receives a professional, easy-to-read document that reflects the firm's final legal arguments without any extraneous editorial clutter.