Lesson 13.3: Drafting Sets

Introduction

In this lesson, we will dive into the intricacies of drafting sets within the context of integrated question sets. This lesson is pivotal for students preparing for the NextGen Bar Exam, particularly concerning the counseling and drafting components. Our objectives for this lesson will involve understanding how to produce a medium-answer drafted or edited document that is responsive to the prompts provided during the examination.

Learning Objectives

• Produce a medium-answer drafted or edited document responsive to the prompt.
• Match the format and purpose the prompt specifies.
• Edit for accuracy, completeness, and professional tone.
• Draft a medium-answer document that meets the prompt's requirements.
• Use the provided resources to support the draft.

Understanding Drafting Sets

Drafting sets in the NextGen Bar Exam require you to synthesize information from assorted source materials to create a cohesive document that addresses the given prompt. This can take the form of a memo, a brief, or another legal document. The key to succeeding in drafting sets lies in understanding the prompt thoroughly and leveraging the provided resources effectively. Let’s break down the essential aspects of this process.

Structure and Components of a Draft

When drafting, whether for a client or in a legal context, it is crucial to consider the standard components commonly found in legal documents. These components include:

1. Heading: This contains the name of the document, the parties involved, and the date.
2. Introduction: A brief overview of the issue and the purpose of the draft.
3. Facts Summary: A summary of relevant facts from the provided scenario.
4. Legal Analysis: Application of the law to the facts provided, including citations to statutes, regulations, or case law from the resource set.
5. Conclusion / Recommendations: Summary of findings and recommendations based on the analysis.

Example 1: Drafting a Legal Memo

Prompt: Draft a memo to your supervising attorney summarizing the findings related to a potential breach of contract.

Structure Example:

• Heading:
• To: [Supervising Attorney Name]
• From: [Your Name]
• Date: [Current Date]
• Subject: Summary of Breach of Contract Analysis

• Introduction:

This memo provides a summary of the analysis regarding the potential breach of contract by [Party Name]. We will examine the relevant facts, applicable law, and conclusion.

• Facts Summary:

On [Date], [Party Name] failed to deliver goods as stipulated in the contract dated [Contract Date]. The relevant clause for delivery states: [Quote Clause].

• Legal Analysis:

Under common law principles, a breach occurs when one party fails to fulfill their contractual obligations. Here, [Party Name]’s failure to deliver constitutes a breach according to [Statute/Case Law].

Furthermore, they may be liable for damages, including [list potential damages].

• Conclusion / Recommendations:

Based on our analysis, it is recommended to initiate negotiations to resolve the breach amicably. Should discussions fail, legal action may be considered.

Editing for Accuracy, Completeness, and Professional Tone

Once a draft is created, the next critical step is editing. This process should ensure that the document:

• Is free from grammatical errors and typos, which can detract from professionalism.
• Is complete and addresses all parts of the prompt without leaving out vital information.
• Maintains a professional tone, appropriate for legal communication.

Example 2: Editing a Drafted Document

Suppose you have a draft that reads:

“The client didn’t receive the product, and they are upset.”

Edited Version:

“The client has expressed dissatisfaction due to the non-delivery of goods, as stipulated in the contract. This situation may constitute a breach of contract.”

The edited version sharpens the focus on legal implications and removes informal language, making it more suitable for a legal context.

Drafting Resources and Their Use

While drafting, students will often have resources available, such as statutes, legal precedents, or outline guides that offer formatting templates and examples. It’s imperative to:

• Review All Provided Materials: Familiarize yourself with every resource supplied, as they are there to support your drafting.
• Cite Appropriately: When referencing statutes or case law, make sure to accurately cite your sources, which not only adds credibility to your document but also demonstrates adherence to legal writing standards.

Example 3: Citing Resources

If a resource states: “According to [Statute Name], section [Number]: [Summary of the Statute],” you can incorporate this into your draft as follows:

“In accordance with [Statute Name], § [Number], [Quote or Summary relevant to the case]. This supports the argument that a breach of contract has occurred.”

Conclusion

In summary, mastering drafting sets requires diligent attention to prompts, effective structuring of documents, careful editing for professionalism, and the appropriate use of provided resources. Understanding these principles will not only aid you in the NextGen Bar Exam but also provide you a solid foundation as you step into professional legal contexts.

Study Notes

• Drafting sets link shared fact scenarios with legal documents.
• Standard components of legal drafting include headings, summaries, analyses, and conclusions.
• Editing is crucial for clarity, accuracy, and tone.
• Utilize provided resources effectively for stronger drafts.
• Pay close attention to the specific requirements of each prompt.