INTRODUCTION TO PROFESSIONAL PRACTICE
Unit Workshop: Drafting Preparation
Instructions:
- Have a clear understanding of the clients wishes
- Establish all relevant facts
Research:
- Relevant law
Planning:
o Identify clients’ objectives
o Select appropriate structure
o Order of clauses: EXAMPLE
- Parties
- Definitions
- Agreement by Owner
- Payment
- Insurance
- Promises by Owner
- Duration of hire
- Hirer’s promises
- Remedies for breach
o Structure of clauses: EXAMPLE
- Use a separate clause for each separate matter
- Use sub-paragraphing to avoid long, cumbersome clauses and provisos
- Number each clause and sub-clause
- Give each clause a heading that correctly defines subject matter
1. Subject to Clause 2, the Licensee must purchase exclusively from the Grantor all
materials used in making the invention.
2. The Licensee may end the obligation contained in Clause 1 by giving the Grantor
three months’ notice in writing.
o Precedents
- Suitable structure
- Provisions that you have not through of and that will benefit the client
- Suitable wording
- Legal problems you had not considered
Unit Workshop: Drafting Preparation
Instructions:
- Have a clear understanding of the clients wishes
- Establish all relevant facts
Research:
- Relevant law
Planning:
o Identify clients’ objectives
o Select appropriate structure
o Order of clauses: EXAMPLE
- Parties
- Definitions
- Agreement by Owner
- Payment
- Insurance
- Promises by Owner
- Duration of hire
- Hirer’s promises
- Remedies for breach
o Structure of clauses: EXAMPLE
- Use a separate clause for each separate matter
- Use sub-paragraphing to avoid long, cumbersome clauses and provisos
- Number each clause and sub-clause
- Give each clause a heading that correctly defines subject matter
1. Subject to Clause 2, the Licensee must purchase exclusively from the Grantor all
materials used in making the invention.
2. The Licensee may end the obligation contained in Clause 1 by giving the Grantor
three months’ notice in writing.
o Precedents
- Suitable structure
- Provisions that you have not through of and that will benefit the client
- Suitable wording
- Legal problems you had not considered
