Legal Definitions - drafting

Drafting refers to the specialized skill and process of creating formal legal documents. It involves carefully selecting words, structuring sentences, and organizing information to accurately reflect the intentions of the parties involved, establish legal relationships, define obligations, or grant permissions. The goal of legal drafting is to produce a document that is clear, precise, legally sound, and enforceable.

• Example 1: A New Business Partnership Agreement
  Imagine two entrepreneurs, Sarah and David, decide to launch a new tech startup together. To formalize their collaboration, they engage a lawyer to create a partnership agreement. The lawyer's work in writing this document—detailing each partner's initial investment, their respective roles and responsibilities, how profits and losses will be shared, decision-making processes, and procedures for resolving disputes or dissolving the partnership—is an act of drafting.

  This illustrates drafting because the lawyer is meticulously preparing a legal document that sets forth the rights (e.g., share of profits), duties (e.g., specific responsibilities), and liabilities of Sarah and David as partners, ensuring their legal relationship is clearly defined and legally binding.

• Example 2: A Commercial Property Lease
  A small bakery owner, Maria, finds the perfect storefront for her new business. Before she can move in, she needs to sign a commercial lease agreement with the building's owner. The landlord's attorney prepares this extensive document, outlining the monthly rent, the duration of the lease, who is responsible for repairs and utilities, what alterations Maria can make to the space, and the conditions for renewing or terminating the lease.

  This demonstrates drafting as the attorney is creating a complex legal document that establishes the entitlements (Maria's right to occupy the space) and duties (Maria's obligation to pay rent and maintain the property) of both the tenant and the landlord. The precise language used ensures that all terms are clear and legally enforceable.

• Example 3: A Company's Employee Code of Conduct
  A large corporation is developing a new Employee Code of Conduct to ensure all employees understand the company's ethical standards, workplace policies, and expected behaviors. The legal department, often in collaboration with human resources, writes this comprehensive document, covering topics like anti-discrimination, harassment policies, data privacy, and conflict of interest guidelines.

  This exemplifies drafting because the legal team is preparing a formal document that clearly articulates the duties (e.g., adhering to ethical standards) and entitlements (e.g., a harassment-free workplace) of all employees and the company itself. The careful construction of this document aims to be legally compliant and to provide clear guidance to the entire workforce.