Professional Drafting Etiquette

Nobody teaches you how to draft in law school. You’re told to write. But not how to think while writing. So most junior lawyers end up: — Using heavy, outdated English — Mixing facts with arguments — Writing everything… except what actually matters And then they wonder why: Their drafts don’t land. Their arguments don’t stick. Their cases don’t move. Here’s the shift that changed everything for me: Drafting is not about “good English.” It’s about clarity + structure + strategy. The best drafts are not the longest. They are the easiest to understand. Because judges don’t reward vocabulary. They reward clarity of thought. So here’s a simple framework I swear by: → Start with why you’re drafting (your relief) → Follow a fixed structure (Intro → Facts → Grounds → Prayer) → Write facts like a timeline, not a storybook → Cut emotional language completely → Use simple, direct sentences → Add legal backing (but don’t overdo it) → Edit ruthlessly And most importantly: If a sentence doesn’t help your case — delete it. That one rule will improve your drafting faster than anything else. If you’re a young lawyer, try this daily: ✔ 5 facts ✔ 2 grounds ✔ 1 prayer 10 minutes. Every day. Do this for 30 days — your drafting will visibly change. Because in litigation: You don’t get heard first. Your draft does. #LegalDrafting #LitigationLife #YoungLawyers #AdvocateLife #CourtroomSkills #LawyersOfLinkedIn follow Geetika Jain for more such updates

❌ It’s a mistake to start contract drafting (or any document!) by opening a template. Most lawyers will look at what they’re being asked to write, open a template or previous contract they’ve used and like, and get stuck into writing. But this is a mistake. It causes lawyers to get stuck in the weeds way too early. 🌵 . Rather, that starting point should be the broader context first: → 👩💻 Think about the users of the document. What do they want to know? How are they going to use the document? What format will help them understand the contract? What’s their comfort level with documents like this one? Etc. → 🏦 Think about the client’s needs. What do they need the contract to do? What are their values and communication styles? What relationship are they looking to build with the other party? What’s their comfort level with documents like this one? → ⚖ Think about what you need to cover. What legal protections and positions do you need to make sure are covered off? Do you have all the instructions that you need? Do you know and have the relevant context? Only one you have a clear picture of your priorities and what you’re trying to achieve should you set about finding a template or base document to use and get stuck into. And then, by all means, get lost in whether a “best endeavours” should be a “reasonable endeavours” - go for your life!

🔥 7 Common Drafting Mistakes Lawyers Make (and How to Avoid Them) + Practical Tips for Limiting Key Clauses to Protect Your Client Drafting is an art—and even seasoned lawyers can fall into common traps. Here’s a breakdown of frequent mistakes and practical ways to avoid overly broad clauses that might expose your client to unnecessary risk: 🔑 1. Termination Clauses: Termination rights shouldn’t be a free-for-all. Define clear, objective triggers—like "material breach" or "failure to meet payment obligations within 15 days of notice." Stay away from vague phrases like “for convenience” unless that’s intentional. And always specify notice periods and cure rights to keep things fair. 🔑 2. Indemnity Clauses: Indemnities can become a liability nightmare if you’re not careful. Narrow the scope to specific risks—like third-party claims directly arising from the other party’s gross negligence. Avoid blanket phrases like "any and all losses" unless you really mean it (and your client is comfortable with the exposure). Caps on liability and exclusions for consequential damages are must-haves. 🔑 3. Confidentiality Clauses: A strong NDA doesn’t mean throwing in the kitchen sink. Define “Confidential Information” carefully—exclude information that’s public or independently developed. Make sure the confidentiality period is reasonable (2-3 years is standard) and allow necessary disclosures, like sharing info with legal or financial advisors. 🔑 4. Governing Law & Jurisdiction: It’s tempting to default to your local jurisdiction, but think strategically. Choose a venue that’s favorable—and practical—for your client. Be explicit about whether it applies to procedural matters, and clarify if disputes go through litigation, arbitration, or mediation. 🔑 5. Force Majeure Clauses: Not every inconvenience counts as force majeure. Clearly list covered events—natural disasters, pandemics, government actions—and exclude foreseeable risks. Require prompt notice (e.g., within 10 days) and set a limit on how long performance can be excused. 🔑 6. Payment Terms: "Payment due upon receipt" sounds clear, but it’s open to interpretation. Spell out the due date (e.g., "net 30 days from invoice receipt"), acceptable methods of payment, and consequences for late payments. Including interest rates for delays can encourage timely compliance. 🔑 7. Dispute Resolution Clauses: Don’t just insert "arbitration" because it sounds sophisticated. Consider the cost, enforceability, and speed of resolution. If you choose arbitration, name the institution (like ICC or LCIA), location, and number of arbitrators. And don’t forget timelines—open-ended dispute processes rarely benefit your client.

Drafting contracts? Don’t just fill in blanks — think like a risk manager. Here’s what good contract drafting actually involves (and what most people overlook): 1. Purpose before paragraphs Before typing a single clause, ask: What are we trying to protect? Scope? Money? IP? Timelines? 2. Balance matters A one-sided contract can ruin trust. Aim for fairness — it gets signed faster and prevents disputes. 3. Think “what if?” Good contracts prepare for things going wrong. Late payments, scope creep, client ghosting — if it’s happened to you before, draft for it. 4. Avoid vague words “Reasonable,” “as required,” and “mutually agreed” sound nice… until they cause arguments. Be specific. 5. Add consequences What happens if someone breaks the deal? A contract with no consequences is just a wish list. 6. Make it readable Fancy legalese doesn’t impress anyone. Clear language builds trust — and gets signatures faster. A well-drafted contract is not just a legal document. It’s your safety net, your clarity map, and your strongest boundary.

As contract drafters, we are always trying to balance being concise with being thorough. On one hand, we want to keep our contracts on the shorter side. Long-form contracts are overwhelming and a challenge to manage. On the other hand, we also recognize that contracts are about the details. When we are dealing with complicated subjects with high risk, we need to explain the rights and obligations exactly. One of the best ways to keep a contract readable when dealing with complex concepts is through numbered subparts of a paragraph. If you are new to contract drafting, you may be wondering how experienced lawyers decide when to use subparts and when to keep it all in a single paragraph. There's no uniform right way to set these up. Here's the way I like to do it: 1. If the paragraph has only two concepts, I don't use numbered subparts. I just write two sentences in a paragraph format. "Seller will paint the house. Seller will complete the work no later than November 1." 2. If the introductory phrase is the same for two or three sentences that are relatively short, I break it up. I start with the introductory phrase and then create a subpart for each concept but leave the sentence inline in a single sentence. “Seller will provide the following services: (a) prepare the house for painting, (b) paint the house, and (c) clean up the painting work site so it is free of garbage and debris related to the painting services.” Still no tabbed paragraphs below. 3. I will use tabbed paragraphs when there is a complex list of obligations that each has multiple subconcepts. "Seller will provide the following services: (a) Preparation: Seller will consult with Buyer on a color for Seller to use. Seller will purchase the paint and other supplies. Seller will ensure that it has the paint and other supplies no later than the Start Date. (b) Painting: Seller will use its best efforts to paint the house using the color selected by the Seller. Seller will start work no earlier than 9 am and end no later than 4 pm. (c) Clean up: When Buyer approves the completed project, Seller will clean up the work site. Seller will ensure there is no refuse on site and will carry away any garbage and painting supplies." I do sometimes make an exception to my standard approach. When we are more worried about length than we are are readability, I may condense the type of provision I laid out in #3 and use the format in #2. It may not be as easy to process, but it will typically be shorter and can result in fewer pages. I normally don't focus on that, but there are circumstances when clients want us to. Do you have a strategy for deciding your paragraph structures? #contracts #lawyers

The best practices of writing planning related correspondences. 1- The subject should be clear. Don't write: "Slow rate of progress". Write: "Slow rate of progress of MEP work at Floor 5". 2- Write the correspondence objective at the beginning. The readers shouldn't read 2 full pages before they know why you are sending this letter. 3- Format Structure your letter in paragraphs with an introduction and a conclusion. 4- Flow Example: Start with describing the event then explaining the impact then stating what needs to be done about that. 5- Audience Even though everyone might be aware of the issue, assume the reader has no prior knowledge or familiarity with the topic. Always assume that the letter can be used in court one day. 6- Clear Requests Make your requests and conclusions clear. Example: The site obstructions have to be removed immediately to avoid further delays to activity A. Otherwise, the reader might unintentionally make his own conclusion that is not accurate. 7- Add references Refer to any relevant correspondence related to this topic. This can include other letters, MOMs, daily reports, monthly reports, etc. 8- Simplicity Write in a way that a 12-year-old can understand and avoid ambiguity. You don't earn points by writing complex sentences. You earn points by providing facts. 9- Elaborate Explain as much as you can about this topic. 10- Contract references Contract forms the basis of everything that needs to be done in the project (e.g. engineering, execution, quality, reporting, etc.). Make as many relevant contract references as you can to support your argument (e.g. compliance, scope, violations, etc). 11- Arguments An argument is a good, well-presented and well-substantiated story. Elaborate and substantiate a lot. 12- Time Even though the time is not stipulated in the Contract, send correspondence and respond to them in a timely frame manner. Construction loves speed. 13- Progress Photos The construction progress is dynamic and the status changes every day. Some phases are born and some die over time. For example, you don't see the foundation one year after its completion. If necessary, support your arguments with photos that have a date and time stamp. Download a mobile app called "timestamp camera". It is free. 14- Logic and common sense The argument must have logic and make common sense to experienced professionals. That's the core foundation of how the damages will be assessed.

🔹Tips for Lawyers: Effective Drafting in India 🔹 As legal professionals, precise and effective drafting is crucial to our practice. Here are some essential tips to enhance your drafting skills: 1. Understand the Law: Before you start drafting, ensure you have a thorough understanding of the relevant laws, statutes, and precedents. This helps in framing your document within the correct legal context. 2. Clarity and Simplicity: Use clear and straightforward language. Avoid legalese and overly complex sentences. The goal is to make your document easily understandable to clients, judges, and other stakeholders. 3. Structure and Organization: Organize your document logically. Use headings, subheadings, and bullet points to break down complex information. A well-structured document enhances readability. 4. Precision and Accuracy: Be precise in your language and avoid ambiguity. Every word in a legal document carries weight, so choose your words carefully to convey the exact meaning. 5. Consistency: Ensure consistency in terminology, definitions, and formatting throughout the document. Inconsistencies can lead to misunderstandings and weaken your argument. 6. Check for Errors: Proofread multiple times to eliminate grammatical errors, typos, and formatting issues. An error-free document reflects professionalism and attention to detail. 7. Refer to Templates: Use established templates and precedents as a starting point, but customize them to fit the specific needs of your case. This ensures you don’t miss any critical elements. 8. Legal Citations: Properly cite all legal authorities, statutes, and precedents. This not only strengthens your argument but also demonstrates thorough research. 9. Feedback: Seek feedback from colleagues and mentors. A fresh set of eyes can catch errors you might have overlooked and provide valuable insights. 10. Stay Updated: Laws and regulations evolve. Keep yourself updated with the latest legal developments to ensure your drafts are current and relevant. Effective drafting is an art that combines knowledge, precision, and clarity. By honing these skills, we can better serve our clients and uphold the highest standards of our profession. #LegalDrafting #Lawyers #LegalPractice #IndianLaw #ProfessionalTips

𝗣𝗿𝗼𝗳𝗲𝘀𝘀𝗶𝗼𝗻𝗮𝗹 𝗖𝗼𝗺𝗺𝘂𝗻𝗶𝗰𝗮𝘁𝗶𝗼𝗻: 𝗗𝗼'𝘀 𝗮𝗻𝗱 𝗗𝗼𝗻'𝘁𝘀 𝐃𝐨'𝐬 1- Structure Commence your correspondence with an appropriate salutation, such as "Dear Dr. [Last Name]," "Ms. [Last Name]," "Mr. [Last Name]," or "Mrs. [Last Name]." Next, express a courteous opening remark, for instance, "I hope this message finds you well." Proceed by introducing yourself and articulating the objective of your communication. Conclude the message with a polite closing statement, such as "Have a great rest of your day," followed by "Best Regards," and include your title and contact information. 2-. Be Clear and Concise: - Stay on topic and keep your message straightforward. - Use short paragraphs and bullet points where appropriate for readability. 3. Use Proper Grammar and Spelling: - Proofread your message to correct errors. 4. Maintain a Professional Tone: - Use courteous and respectful language. 5- Include a Clear Subject Line: - Ensure your email subject line is descriptive and relevant. - This helps the recipient prioritize and understand the topic at a glance. 6. Use Professional Formatting: - Use standard fonts, sizes, and spacing. - Include a signature with your contact information at the end of emails. 7. Follow Up Appropriately: - Send reminders if no response is received within a reasonable time. - Refer to the original message in follow-ups to maintain context. 𝐃𝐨𝐧’𝐭𝐬: 1. Avoid Informal Language and Jargon: - Exclude slang, emojis, and overly casual phrasings. - Avoid technical jargon unless you are sure the recipient understands. 2. Don’t Use All Caps or Excessive Punctuation: - Using all caps can be perceived as shouting. - Multiple exclamation points or question marks can seem unprofessional. 3. Avoid Overloading with Information: - Don’t include unnecessary details that might confuse the primary message. - Be selective about what information is crucial. 4. Don’t Make Assumptions: - Avoid assuming the recipient knows background details unless you’re certain. - Don’t presume understanding of technical terms without explanation. 5. Avoid Being Overly Familiar: - Steer clear of overly personal comments unless you have a well-established, appropriate relationship. - Maintain a polite and respectful distance in your language. 6. Don’t Send without Review: - Never send an email or document without reading it over first. - Mistakes can undermine your professionalism and clarity. 7. Avoid Negative Language: - Don’t be confrontational or use negative phrases. - Frame constructive criticism positively and offer solutions. 8. Don’t Forget Attachments or Links: - Ensure any mentioned attachments or links are included. - Verify that all links work correctly before sending.

Raise your hand 🙋🏻♀️ if this has ever happened to you ⤵ You put a piece of content in front of someone for approval. They say, “You should show this to Sally. She’d have thoughts on this.” So you show it to Sally. She not only has thoughts, but she also recommends you share the draft with Doug. Doug also has feedback, some of which aligns with Sally’s and some of which does not. Now you’re two days behind schedule, have conflicting feedback to parse through, and are wondering how you could have avoided this mess. Try this next time 👇 In the planning phase of a project, put a doc together that outlines 3 levels of stakeholders: 1) Your SMEs 🧠 → Apply as much of their feedback as possible — they are as close a proxy to your audience as you can get. 2) Your key approver(s) ✅ → Keep this group small, 1–2 people if possible. → Weigh their feedback knowing that they are not necessarily an SME 𝘣𝘶𝘵 they do control whether or not the project moves forward. 3) Your informed partners 🤝 → Typically, those who will repurpose or promote your content in some way. (e.g. field marketing, comms, growth, etc.) → Make revisions based on their feedback at your discretion. → You may even want to frame the delivery of your draft as, "Here’s an update on how this is progressing. No action needed at this time." Share this doc with all listed stakeholders. Make sure they understand the level of feedback you’re expecting from them, and by when. Then use the doc to track feedback and approvals throughout the life of the project. Preventing your circle of approvers from becoming concentric: 👍 keeps you on track 👍 keeps your content from pleasing your stakeholders more than your audience

Hi! I've been working with freelance writers for the better part of a decade at Business Insider. After working with hundreds of writers on thousands of stories, here's my easy #Freelance tip of the day: Take a second to read the instructions/best practices from your assigning editor before you submit your first draft! This sounds wildly simple, but I've found that only about 1 in 30 new writers I work with actually does this — and the ones who do always stand out in a really positive way. I won't drop my whole spiel, but for me, this generally means writers who... ⭐ Submit their draft in a fresh email with a clear subject line, like "SUBMISSION: Story title" (not as a reply in an old thread) ⭐ Provide all necessary materials we discussed alongside their draft (fact-checking documents, labelled photos in a folder) ⭐ Share the draft as a Google Doc (with editing permission already granted) ⭐ Follow our agreed-upon word count (or at least stick pretty close to it) ⭐ Fill out all necessary onboarding contracts before sending their draft (and let me know they did so) I'm often juggling several dozen writers, drafts, and pitches in my inbox, so small things like this are wildly helpful for streamlining internal processes, minimizing the back-and-forth emails (my favorite!), and helping our editors and operations teams stay organized. Of course, I recognize many writers are juggling lots of clients and editors at once, and guidelines can vary — and I'm always happy to send reminders and follow-ups. #freelancing #freelanceadvice