Course Summary:

Formation of legal documents is the integral part to practice law and possessing good drafting skills is crucial for every lawyer. This course on advanced legal drafting is precisely developed to teach you to draft various types of legal documents. Drafting of each document is taught along with related practical and theoretical aspects.

The course follows a unique ‘practice and learn’ method in which you will be actually involved in preparing legal drafts by following the step by step guides provided for each type of document. 

Drafting is an essential experience in your preparation for the practice of law. The Legal Drafting course is designed to give you practice accomplishing clients’ intentions while attempting to avoid potential legal problems. This involves gaining mastery of the relevant law as well as applying language skills in new and demanding contexts.

Course Objectives:

• Learn to draft on your own without relying on precedents.
• Know how to instruct a legal practitioner and evaluate their work.
• Effectively advise your client when engaged in litigation.
• Understand how to draft in accordance with case management procedures as introduced in our courts.
• Acquire techniques in obtaining instructions and analyzing fact and law.
• You will write in a manner that is persuasive.

Course Outline

• Writing technique, including plain language drafting and what is expected by Judges
• How to write in a manner that is persuasive
• Technique in taking instructions
• How to conduct fact analysis and legal research
• How to prepare chronology documents
• Reference to the practice directives in the high court
• Preparing to draft particulars of claim
• How to analyse facts and the law in deciding on a cause of action
• Reference to the uniform rules and how to comply
• Instruction on how to draft a cause of action
• Instruction on how to draft particulars of claim; there will be actual drafting exercises under guidance of experienced practitioners
• Preparing to draft a plea
• How to take instructions based on plaintiff’s particulars of claim
• Assisting your client in crafting his defence
• How to effectively plead a defence
• Instructions on how to draft a plea, applying the uniform rules; there will be actual drafting exercises under guidance of experienced practitioners
• How and when to make a decision to proceed by way of Motion
• How to draft Notices of Motion with reference to practice directives
• This will include long form, short form and two part notices of motion
• Drafting specialized notices of motion for Search and Seizure and other interdicts
• Practical drafting exercises using case studies
• Taking instructions and analyzing fact for drafting a founding affidavit
• How to set out the facts of your cause of action technique in drafting an affidavit that is persuasive and in keeping with what Judges expect
• There will be a practical drafting exercise
• How to draft an answering affidavit
• The most effective method of setting out a defence
• There will be a drafting exercise to ensure skills transfer
• An explanation of what is required in a replying affidavit